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Anderson, IN Sex Crimes Lawyer
Few situations are as frightening as being accused of a sex crime. Whether someone alleges you sexually assaulted them or harmed a child, you need an experienced and aggressive sex crimes lawyer on your side. No matter how baseless a person’s accusations or weak a prosecutor’s case is, your family members, friends, and colleagues may all look at you differently if you’re accused of such an offense. To combat the damage to your reputation and attempt to prove your innocence in court, you need the help of GDS Law Group, LLP. We have years of experience as criminal defense attorneys, and we will put our knowledge to work for you.
Indiana Sex Crimes
It is illegal to perform sexual acts on or with another person without their consent. GDS Law Group, LLP handles all types of sex crime charges, including:
Rape (Indiana Code [IC] §35-42-4-1)
If you knowingly or intentionally have sexual intercourse with another person without their permission, while they are unaware and unable to consent, or through force or threat of force, or you knowingly or intentionally cause them to perform or submit to other sexual conduct through one of these means, then you can be charged with rape. This is a level 3 felony. If an aggravating factor exists, however, then you will be charged with a level 1 felony.
Child Molesting (IC §35-42-4-3)
If you intentionally or knowingly perform or submit to sexual intercourse or other sexual conduct with a minor under 14 years old, you will be charged with a level 3 felony. This offense can rise to a Level 1 felony if one or more aggravating factors is present.
If you are accused of inappropriately touching or fondling a child under 14, or if you’re accused of having a child touch or fondle you with the intent to satisfy a sexual desire, then you can be charged with a level 4 or 2 felony, depending on the circumstances.
If you are ever accused or charged with sex with a minor, you need to contact a sex crime defense attorney immediately. If convicted, you could be looking at decades in prison. You need a sex crimes lawyer from GDS Law Group, LLP to defend you in court and fight for your freedom.
Child Pornography (IC §35-42-4-4)
Intentionally producing, sponsoring, creating, exhibiting, disseminating, sending or bringing into Indiana, or making available to another person any depictions of sexual conduct involving minors under the age of 18 with the intent to arouse a sexual desire is known as child exploitation. This is a level 5 felony. However, child exploitation or pornography can become a level 4 felony in numerous situations.
Vicarious Sexual Gratification (IC §35-42-4-5)
If you are over the age of 18 years and you knowingly or intentionally cause a minor under 16 to touch or fondle themselves or another minor under 16 years old with the intent to arouse or satisfy a sexual desire, then you can be charged with vicarious sexual gratification. This is a level 5 felony. This crime can become a level 4, 3, or 2 felony when various factors exist.
Child Solicitation (IC §35-42-4-6)
If you are an adult and you try to get a minor under the age of 14 years to participate in sexual intercourse or some other sexual conduct with you, then you may be charged with a level 5 felony for child solicitation. This offense can occur online, over the phone, in writing, or through any other means of communication. In some cases, it can be charged as a level 4 felony.
Sexual Battery (IC §35-42-4-8)
You may be accused of sexual battery if the police believe you, with the purpose of sexual arousal or gratification, touched another person through force or threats of force, or who is mentally disabled. Sexual battery also encompasses touching another person’s genitals, buttocks, or breasts when that person is unaware of the conduct occurring. In both situations, sexual battery is charged as a level 6 felony. Sexual battery becomes a level 4 felony when it entails the use of threats of deadly force, is committed with a deadly weapon, or the victim is drugged without their knowledge.
If you are facing sexual battery charges, your first call should be to a sex crimes lawyer. These are incredibly serious accusations, and you will need legal representation.
Sexual Misconduct With a Minor (IC §35-42-4-9)
If you, as an adult over 18 years, perform sexual conduct or intercourse with a minor between 14 and 16 years old, you can be charged with a level 5 felony. This offense can also be charged as a level 4 or 1 felony depending on the existence of one or more aggravating factors. Sexual misconduct with a minor also involves fondling or touching between an adult and a minor who is 14, 15, or 16 years old, when the intent is to sexually arouse or satisfy a sexual desire. This is a level 6, 5, or 2 felony, depending on the circumstances.
Sex Offender Registration
Most Indiana sex crimes require sex offender registration upon conviction. You must register in the county where you live and provide law enforcement with your main address and other information in person. You must go to the local law enforcement agency to register within seven days of being released from prison or being put on parole or probation. If you work or go to school in another county, or you visit another county for more than a week at a time, you must also register there within three days of arriving.
You must register your name, date of birth, physical description, Social Security Number, driver’s license number, vehicle description and plates, address, and other information. You must provide the local police with information regarding the crime you were convicted of, the date of conviction, and the sentence imposed. All of this information will become public, along with a recent photograph of you. It may only be available to the public through Indiana’s sex offender registry, which people can search online.
The length for which you must register depends on the offense. If you commit an offense against a child younger than 12 years old, cause serious bodily injury, have been convicted of at least two unrelated sex offenses, or have been labelled a sexually violent predator, then you must register for our lifetime. In other cases, you may only be required to register for 10 years.
If any of your information changes, including your address, employment, or educational institution, you need to notify your county police within three days. You also must report to the law enforcement agency every year to update your information and have a new photo taken.
Failing to Register
Sex offender registration is complicated. There are many rules associated with when and how to register. If you fail to abide by one or more of these regulations, you could be charged with a crime. Per Indiana law, you can be charged with a level 6 felony if you:
- Fail to register when required to by law
- Fail to register in person
- Fail to register at each relevant location
- Fail to provide all necessary information or make a material misstatement to the police while registering
- Do not reside in the address you provide during registration
If you are accused of a second or subsequent registration violation, prosecutors may charge you with a level 5 felony.
By failing to properly register or renew your registration each year, you will quickly find yourself back in a courtroom and facing years in prison. After already completing your term of incarceration for the underlying offense, this is exactly what you want to avoid. Call a sex crimes lawyer from GDS Law Group, LLP to discuss how to defend yourself against a registration or probation violation.
Indiana Sex Offense Penalties
If you are convicted of a sex offense in Indiana, you can expect your penalties to include imprisonment, probation, fines, and sex offender registration. The potential terms of incarceration include:
- Level 6 felony – six months to two and a half years
- Level 5 felony – one to six years
- Level 4 felony – two to 12 years
- Level 3 felony – three to 16 years
- Level 2 felony – 10 to 30 years
- Level 1 felony – 20 to 40 years
For felonies, you can be fined up to $10,000, unless a specific statute allows for a greater amount.
After imprisonment, one of the hardest things to do is comply with all of the requirements of probation and sex offender registration. You will have many rules you need to adhere to, and one small mistake could lead to a probation violation. If you violate the terms of sex offender registration or probation in any way, you will be required to return to court. You may be sentenced to a new offense, which could be punished with months in prison.
Defenses Against Sex Crimes
If you have been accused of committing a sex crime or have been charged, you need to contact a sex crimes lawyer from GDS Law Group, LLP right away. We may argue that you had explicit consent, or you reasonably believed you had implicit consent from the alleged victim. Evidence of consent can be a strong defense to a sex crime if the alleged victim is a mentally fit adult.
It may be that a crime was committed, yet you are not the offender. If this is a case of mistaken identity, we will fight to prove you are not the culprit. We may do this is through DNA evidence or by establishing your alibi for the time of the offense.
If the prosecution’s case is weak, we may focus on showing the judge or jury that they have insufficient evidence. It is the prosecution’s job to prove you are guilty beyond a reasonable doubt, and we will do our best to create doubt in each juror’s mind.
Additionally, Indiana’s Romeo and Juliet law may be relevant to your case. In Indiana, teenage individuals can engage in consensual sexual conduct and intercourse with other adolescents who are no more than four years older than them. If you are accused of molesting a teenager, yet you were in a consensual, sexual relationship, we may use this defense. This strategy often comes down to whether you and your partner are within four years of age of each other, and whether your partner consented to the sexual activity.
Let a Sex Crimes Lawyer GDS Law Group, LLP Defend You
Have you or a loved one been accused of a sex crime in Indiana? If so, there are likely dozens of questions and concerns running through your head. At GDS Law Group, LLP, our experienced legal team will thoroughly investigate the claims against you and gather evidence to support your defense. We will also determine the strongest defense available in your case.