For years in Indiana, the age at which a person could legally consent to have sex was But lawyers for young defendants accused of having sex with and year-olds now can pose a defense against charges of sexual misconduct with a minor. Public Law creates a legal defense, nicknamed the ” Romeo and Juliet defense ,” against charges of sexual misconduct with a minor. The law went into effect July 1. The Indiana Prosecuting Attorneys Council supported and helped write the new defense. Executive Director Stephen J. Johnson said the change doesn’t lower the age of consent.
Sexting Laws in Indiana
Introducing the most intelligent legal research service ever. Indiana Criminal and Motor Vehicle Laws provides you with all of the statutes relating to criminal and motor vehicle law in Indiana, complete through the latest session of the Indiana General Assembly. It presents the complete text of the applicable Indiana Code:.
A proposal could prompt legal talks over whether to raise the age of consent At 17, under Indiana law, she was old enough to consent to sex. make it illegal for much older adults to have sexual relationships with teens.
In short, it continues to be legal, under most circumstances, for adults to engage in sexual intercourse with individuals at least 16 years old, but an adult who sends a sexually explicit photograph of themselves to a year-old is committing a crime. The high court, in its ruling, acknowledged the obvious inconsistency in the law, but nevertheless concluded that the law says what it says. Specifically, it says that a person who knowingly transmits a sexually explicit photograph to an individual under age 18 is disseminating material harmful to minors, a felony, even though it’s perfectly legal for that same under individual to view the photograph’s subject in person.
The decision means Sameer Girish Thakar, of Fishers, will face a trial for sending a sexually explicit photograph of himself in to a year-old girl in Oregon. Thakar’s case initially was dismissed in Hamilton Superior Court based on a Court of Appeals decision that found the dissemination statute void for vagueness as applied to year-olds located anywhere since that’s the age of sexual consent in Indiana.
In overruling that precedent, the Supreme Court said there is no actual conflict between the statutes since it’s possible to comply with both simultaneously: “With respect to a year-old, consensual sexual activity in person is permitted, the dissemination of a sexually explicit photograph consensually or otherwise is not. Justice Mark Massa, writing for the high court, said it “is a matter for the Legislature” whether such statutory inconsistency concerning sexual activity involving and year-olds is advisable.
Recent legislative attempts to raise Indiana’s age of sexual consent to 18, led in part by state Sen. Frank Mrvan, D-Hammond, and state Rep. Stay up-to-date on the latest in local and national government and political topics with our newsletter. Dan has reported on Indiana state government for The Times since He also covers casinos, campaigns and corruption.
Indiana Criminal and Motor Vehicle Laws, 2021 ed.
When Shakespeare brought Romeo and Juliet to life, he was intentional in choosing two young characters as his protagonists. Then as now, two teenagers having consensual sex is perfectly understandable. On the other hand, an adult molesting a child is reprehensible.
Indiana statutory rape law is violated when a person has consensual sexual intercourse with an individual under age A close in age exemption allows teens.
This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old 6 and 11 states, respectively. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex. Only 12 states have a single age of consent , below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.
For example, in Massachusetts, the age of consent is In the remaining 39 states, other factors come into play: age differentials, minimum age of the victim, and minimum age of the defendant. Each is described below. Minimum age requirement. In 27 states that do not have a single age of consent, statutes specify the age below which an individual cannot legally engage in sexual intercourse regardless of the age of the defendant see the second column in Table 1.
The minimum age requirements in these states range from 10 to 16 years of age. Age differential.
A person who, by force, threat of force, coercion, or fraud, knowingly or intentionally recruits, harbors, provides, obtains, or transports an individual to engage the individual in labor or services commits promotion of human labor trafficking, a Level 4 felony. A person who knowingly or intentionally uses force, threat of force, coercion, or fraud to recruit, entice, harbor, or transport an individual with the intent of causing the individual to:.
It is a defense to a prosecution under this subsection if:.
Here’s what you should know about sending and receiving sexual pictures of teens. In Indiana, this law “provides that a person less than 18 years of age who.
Federal government websites often end in. The site is secure. For minors of age indicated 2. Under 18 M 18 in mines Under 18, except not issued to minors under 16 during school hours R 8. X through permit officers Table does not include exceptions to the general procedures; nor does it identify certificates that may be required for employment in street trades, entertainment, or other work for which a special permit may be required. No minor under 18 years of age may be employed in, about, or in connection with any of the following occupations, positions, or places: 3 In tunnels or excavations with depths exceeding four 4 feet.
What Romeo and Juliet Laws Mean for Teens
Wondering what’s going on in your state? See how your state stacks up on sexuality issues for teens. And don’t forget to find out how to make a difference on these issues.
In Indiana, the age of consent is 16 years old. Indiana law allows those the age of 16 to make there own decisions about sexual relations.
In Indiana, the age of sexual consent is However, this number is nearly arbitrary, as the law permits individuals aged 14 and 15 to consent to sex with anyone younger than Thus, despite the age of majority, a year-old and year-old could legally have sex in Indiana, but if the older person were 18, it would be a crime. Marriage: Under Indiana law, it is a defense if the minor is married. The minimum age for marriage in Indiana is 15, and therefore there is an exception carved out to facilitate that.
Close-in-age: Technically, this “close-in-age” provision is a defense instead of an exception, but it allows a 4 year gap in age if the two are in an ongoing personal relationship. Thus, ostensibly, a an year-old could avoid prosecution for having sex with a year-old, provided the two were in an ongoing romantic relationship as defined by Indiana law. Mistake of fact: Indiana is one of the few states that provides for a mistake of fact in their statutory rape laws.
Thus, if someone has a reasonable, good-faith belief the individual they are having sex with is 16 or older, they can avoid criminal liability. A criminal defense lawyer can help you understand the law, what your options are, and represent you if the state decides to press charges. He later went on to receive his J.
Age-of-consent laws don’t reflect teenage psychology. Here’s how to fix them.
A couple of state representatives are working on a bill that will change that and define consent under the law. Karlee Macer, D-Indianapolis, said while working on legislation to raise the age of consent from 16 to 17, she learned consent itself isn’t defined in law. She said defining it will help protect people from sexual assault. Sue Errington, D-Muncie, is the author of the proposal.
She introduced it last session, but it died in committee. Sexual misconduct is a prevalent topic in today’s culture, but Macer says this proposal didn’t specifically come from the MeToo movement.
Consent Laws. Indiana. Defining Consent. Question. Answer. How is consent Under Texas law, sexual assault “without the consent” of the other person arises.
The Indiana Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Indiana are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Indiana statutory rape law is violated when a person has consensual sexual intercourse with an individual under age A close in age exemption allows teens aged 14 and 15 to consent to partners under age If the offender is a guardian, adoptive parent or grandparent, stepparent, child care worker for the minor, or military recruiter attempting to enlist the minor, the age of consent rises to age Defenses exist of the offender had reasonably believed the victim to be over age 16, or if offender and victim were less than 4 years apart and were in an ongoing relationship.
Indiana has a close-in-age exemption. A close in age exemption , also known as “Romeo and Juliet law”, is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Depending on the situation, the Indiana close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States.
He was 39; she was 17. Too young for sex?
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent is between 16 and In some places, civil and criminal laws within the same state conflict with each other.
Different jurisdictions express these definitions differently, like Argentina, may say the age of consent is 18, but an exception is made down to 13 years of age, if the older partner is not in a position of authority over the younger one.
Absent a “special relationship,” the age of consent in Indiana is However, just because the legal age is 16 (generally speaking), there are.
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