The police arrested you on child molestation charges in Indiana. You’re terrified about going to jail and the future. It’s a severe matter, but a charge isn’t a conviction. Seasoned Indiana legal representation can aggressively defend you against these devastating accusations.
Gemma and Karimi are experienced criminal defense lawyers and ex-prosecutors who know both sides of the law. They will aggressively defend you against child molestation charges today. Call us today at (317) 602-5970 for a confidential consultation.
What Are Indiana Child Molestation Laws?
Child molestation laws are covered by Indiana Code 35-42-4-3. The law states that child molestation sex crimes are when a party knowingly or intentionally performs sexual intercourse or other sexual abuse with a child under 14. Or, the person performs or submits to fondling or touching a minor under 14 to arouse or satiate sexual desires.
The charge is usually a Level 3 felony, and years in prison and fines are possible. However, the sex crime charges can be elevated to a Level 1 felony if you were armed with a deadly weapon or caused serious bodily injury. Additionally, these child sex crimes can be elevated if the sexual acts involved a sex organ of one party and the anus or mouth or another.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Penalties For Child Molestation
Sexual abuse or molestation of a minor under 14 can lead to severe penalties and long-term consequences as follows:
Sexual Intercourse Or Other Sexual Conduct
- Level 3 felony: Base offense for sexual intercourse or other sexual contact, with three to 16 years in state prison and a maximum $10,000 fine.
- Level 1 felony: If committed by a person 21 or older, using a deadly weapon or deadly force, or causing serious bodily injury. Or, the sex act was facilitated by drugging the minor without their knowledge. The penalty is 20 to 50 years, with a maximum $10,000 fine.
Fondling Or Touching
- Level 4 felony: Base offense results in two to 12 years in prison and a maximum $10,000 fine.
- Level 2 felony: If the sex crimes included the use of deadly force, a weapon, or by drugging the minor. Penalty is 10 to 30 years in prison and a maximum $10,000 fine.
Attempted Child Molestation
You can be convicted of attempted child molesting if you thought the person was over 14 but was not.
Additional consequences of a child molestation or sexual abuse charge may include:
- Sex offender registry: Conviction usually requires registering with the Indiana Sex and Violent Offender Registry for at least 10 years, and possibly for life in some instances.
- Credit-restricted felon status: You could be required to serve at least 85% of your prison sentence.
- Restitution: The criminal court may order you to pay for the pregnancy or the childbirth-related offenses.
Understanding the Child Molestation Investigation Process
Indiana features several steps in the child molestation investigation process that protect minors, while ensuring due process for the alleged perpetrator. You should contact a skilled criminal defense attorney as soon as you learn you are under investigation for child molestation or related sexual crimes. The investigation process usually includes the following steps:
- Initial child sex crime report: The investigation begins when someone reports the suspected crime. Indiana law states that certain employees, such as healthcare workers and teachers, must report these suspicions to authorities, such as local law enforcement.
- Assessment by the Department of Child Services (DCS): The DCS will determine in its investigation whether the minor is at risk and whether there is a possibility of sexual abuse or neglect.
- Police investigation: The local police will investigate the allegation by interviewing the child, witnesses, and the suspect and then collecting evidence.
- Forensic interview: This step is an interview of the minor by a trained interviewer to determine if there was illegal sexual activity.
- Charging decision: The county prosecutor will review the available evidence to determine if they will file criminal charges.
- Arrest: If probable cause is established, the suspect will be arrested, booked, and detained until the bail hearing, followed by pre-trial appearances and information sharing between the prosecution and defense. If no plea deal is reached, the trial will begin.
Always retain an attorney immediately if you are being investigated for child molesting. Anything you say will be held against you, so the sooner you have legal counsel, the better.
Defending Against Child Molestation Charges
A child molestation criminal charge is only an accusation. The state prosecutor must prove your guilt beyond a reasonable doubt, so there’s hope. When you talk to an Indiana child molestation attorney, they may rely on several effective defenses against the sexual abuse charge:
- False accusation: The illegal sexual conduct charge may stem from a false or exaggerated claim. Common reasons include personal grudges, misunderstandings, or child custody disputes.
- Lack of evidence: The prosecutor must prove the case beyond a reasonable doubt. The case may fall apart if the evidence is weak, circumstantial, or unreliable.
- Mistaken identity: You may not be the actual perpetrator, especially if the minor has many people in their life who could be mistaken for you.
- Lack of intent: A child molestation conviction requires the intent to arouse. Your attorney may argue that you did not have any intent to engage in illegal sexual conduct.
- Mistake of fact: This defense may be appropriate if you thought the child was older than 16, and it would negate intent.
- Mental incapacity: A defense that may work if you lacked the mental capacity to develop intent.
- Constitutional violations: The police may have violated your rights with an illegal search and seizure, illegal interrogation, or coerced confession.
State prosecutors prosecute sexual misconduct charges involving minors aggressively, and the jury will likely sympathize with the victim. Thus, always retain an experienced attorney for sexual misconduct with a minor for the best case outcome. You want an attorney with intimate knowledge of Indiana law, local court tendencies, and the nuances of sentencing.
Frequently Asked Questions
Commonly asked questions about child solicitation and molestation cases include:
Yes, child molestation is a felony in Indiana. The felony level depends on the case factors, such as whether there was use of deadly force or other aggravating circumstances.
First, stay silent when being questioned or arrested by the police. You are not required to provide answers, except for basic information, such as your name or where you live. Second, hire an elite criminal defense lawyer immediately. Every child molesting case is complicated, emotional, and heavily biased in favor of the minor accuser without a fierce defense attorney fighting for you.
Yes, your criminal defense attorney can challenge the child solicitation or molestation charge in court. While the charge is serious, guilt must be proven beyond a reasonable doubt. A false allegation can be fought with a vigorous defense. Your attorney may challenge the charge by citing a lack of physical evidence, unreliable testimony, or motive for falsehood, among other defenses.
The prosecutor will likely use a combination of direct and circumstantial evidence to support the sex crime allegation. Direct evidence may include victim testimony, DNA evidence, witness testimony, and digital evidence. Circumstantial evidence could include your opportunity to commit the crime, behavioral changes in the child after the incident, and the accused person may have committed similar crimes before.
Your defense attorney is critical to your case’s success. Your Gemma & Karimi criminal defense lawyer understands state law on illegal sexual conduct, will challenge questionable evidence, develop a persuasive defense strategy, negotiate plea deals, represent you in court, protect your rights, and call expert witnesses to bolster your defense.
No mandatory minimum sentences exist under state law. However, the sentencing guidelines provide clear sentence ranges for judges to consider. Also, judges must impose prison time within the sentence ranges stated in the statute unless there are any exceptions in your case. For example, a Level 4 felony for child molesting is a sentencing range of two to 12 years, with a six-year advisory sentence.
Contact Us for Your Child Molestation Charges Defense Now
You have been charged with child molestation in Indiana, and you could be jailed and labeled as a sex offender for at least 10 years. It’s a grim situation, but not a hopeless one with a skilled criminal defense attorney at your side.
Gemma & Karimi are experienced criminal defense attorneys in Indianapolis with an exemplary record defending people accused of sexual misconduct of all types, including child molestation. Our attorneys were born and raised in Indianapolis and will aggressively defend you against this serious felony charge. You will have 24/7 access to your criminal defense lawyer, so you will never be alone in this legal fight. Contact us today for a free legal consultation at (317) 602-5970.
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