Ages of consent in the United States - Wikipedia

Executive Director Stephen J. Johnson said the change doesn't lower the age of consent.

Indiana bill would raise the age of consent

It modifies a law that made sexual misconduct with a minor a separate offense from child molesting as a way of dealing with teenage sexuality, Johnson said. The defense can be asserted if the person accused of having sexual contact with a or year-old is under 21, is no more than four years older than the alleged victim and was involved in a dating relationship with the victim at the time. Sex with a person under 14 is still considered child molesting, regardless of the age of the perpetrator.

But the new law could protect an year-old from adult felony charges if he has sex with a year-old girlfriend, for instance.

Indiana Statutory Rape Laws

Landis said the law change arose from concern that the ever-widening set of crimes that force people to register as sex offenders was having unintended consequences. 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.

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.


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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. Indiana is one of the few states that provides for a mistake of fact in their statutory rape laws.

Ages of consent in the United States

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. If you believe you have violated Indiana's age of consent laws, you should contact an attorney immediately. A criminal defense lawyer can help you understand the law, what your options are, and represent you if the state decides to press charges.

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