Ind. Code § 35-44.1-3-10 : CRIMINAL LAW AND PROCEDURE — OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION — DETENTION —44.1-3-10 - Sexual misconduct with a service provider

(a) The following definitions apply throughout this section:
(1) "Lawful supervision" means supervision by:
(A) the department of correction;
(B) a court;
(C) a probation department;
(D) a community corrections program, a community transition program, or another similar program; or
(E) parole.
(2) "Service provider" means:
(A) with respect to a person subject to lawful detention:
(i) a public servant;
(ii) a person employed by a governmental entity; or
(iii) a person who provides goods or services to a person who is subject to lawful detention; and
(B) with respect to a person subject to lawful supervision:
(i) a public servant whose official duties include the supervision of the person subject to lawful supervision;
(ii) a person employed by a governmental entity to provide supervision for the person subject to lawful supervision; or
(iii) a person who is employed by or contracts with a governmental entity to provide treatment or other services to the person subject to lawful supervision as a condition of the person's lawful supervision.
(b) A service provider who knowingly or intentionally engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with a person who is subject to lawful detention or lawful supervision commits sexual misconduct, a Level 5 felony.
(c) A service provider at least eighteen (18) years of age who knowingly or intentionally engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with a person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention or lawful supervision;

commits sexual misconduct, a Level 4 felony.

(d) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.
(e) It is not a defense that an act described in subsection (b) or (c) was consensual.

This section does not apply to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) between spouses.

IC 35-44.1-3-10

Amended by P.L. 78-2022,SEC. 10, eff. 7/1/2022.
Amended by P.L. 185-2014, SEC. 6, eff. 7/1/2014.
Amended by P.L. 158-2013, SEC. 516, eff. 7/1/2014.
Added by P.L. 126-2012, SEC. 54, eff. 7/1/2012.
SECTIONS