Sexual Consent Age in 2024

The legal age of consent for sexual activity in Indiana is sixteen. The legislation does, however, have several exceptions that let minors give consent in specific circumstances. These exclusions, which may be found in Indiana Code 35-42-4-9(e) of the Romeo and Juliet legislation, enacted by the General Assembly to shield high school students from prosecution for engaging in sexual behavior with their classmates. Before the Indiana Romeo and Juliet law was passed, for instance, a high school junior who had sex with a high school freshman may have been charged with statutory rape even though the act was entirely consensual and the two were already involved in a romantic or personal relationship. The high school student may face charges of sexual misconduct with a kid, which is a Level 5 felony in Indiana, be sent to a juvenile institution, or have to register as a sex offender if they are found guilty.

A person can consent to having sex with a 14- or 15-year-old under the existing Romeo and Juliet statute in Indiana if all of the following conditions are met:

1. The individual is no older than the victim by more than four years.
2. The two are either dating or have a committed intimate relationship.
3. There was no use of force or threat of death in the sexual act.
4. There was no use of a lethal weapon during the sexual act.
5. The victim did not sustain any severe physical harm as a result of the sexual conduct.
6. The sexual act was not carried out by someone who had significant influence over the victim or who held a position of authority over the victim.
7. The sexual act was not committed through drugging the other person without that person's knowledge or knowing that the other person had been drugged without that person's knowledge.
8. There are no more sexual offenses on the person's criminal history.
9. The individual is not promoting prostitution.

If the older person does not fit all of the above criteria, they may be prosecuted with Indiana's Level 5 felony of sexual misconduct with a minor, which carries a maximum sentence of six years in prison and a maximum fine of $10,000. 

Free Consultation

Do You Need to Talk to a Criminal Defense Lawyer Right Now? 

It's critical that you get legal counsel from an experienced Indiana sex crimes attorney as soon as possible if you or a loved one is the target of accusations pertaining to Indiana's legal age of sexual consent. Even though you might feel completely overwhelmed right now, it's important to begin preparing your defense as soon as the criminal process begins. 

Call 317-219-3402 or use our online form to get in touch with one of our Indianapolis attorneys to arrange a free consultation. Our Indianapolis criminal defense attorneys are ready to go above and beyond to safeguard your reputation, reduce your fines, or, in the best case scenario, have the charges against you dismissed completely. They have successfully handled cases similar to yours.