Section 35-42-4-5 - Vicarious sexual gratification; sexual conduct in presence of a minor(a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 5 felony. However, the offense is:(1) a Level 4 felony if a child involved in the offense is under the age of fourteen (14); and(2) a Level 3 felony if:(A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;(B) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; or(C) the commission of the offense results in serious bodily injury.(b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:(1) engage in sexual intercourse with another child under sixteen (16) years of age; (2) engage in sexual conduct with an animal other than a human being; or(3) engage in other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person; with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 4 felony. However, the offense is a Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, and the offense is a Level 2 felony if the offense is committed by using or threatening the use of deadly force, if the offense is committed while armed with a deadly weapon, if the offense results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) A person eighteen (18) years of age or older who knowingly or intentionally: (1) engages in sexual intercourse;(2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5); or(3) touches or fondles the person's own body; in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, a Level 6 felony.
Amended by P.L. 158-2013, SEC. 441, eff. 7/1/2014.As added by P.L. 183-1984, SEC.4. Amended by P.L. 79-1994, SEC.13; P.L. 31-1998, SEC.6; P.L. 118-2002, SEC.1; P.L. 123-2003, SEC.1.