{"id":373274,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-prohibited-consensual-sexual-activity-laws.html"},"modified":"2024-11-01T16:44:30","modified_gmt":"2024-11-01T21:44:30","slug":"indiana-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Indiana Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Indiana Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s well-known that nonconsensual sexual activities, like rape and sexual assault, are illegal. What many people don’t know is that some consensual sexual activities are prohibited as well. Until 2003, some states have used laws to criminalize sexual activity between consenting same-sex partners.<\/p>\r\n

Besides laws against homosexual activity, many states also have Romeo and Juliet laws. These laws apply to cases where young people in an ongoing personal relationship face criminal charges for statutory rape or sexual misconduct with a minor.<\/p>\r\n

Here, we will explain Indiana’s consensual sexual activity laws and the penalties for these criminal offenses. We will also discuss other Indiana laws on sexual conduct between consenting partners.<\/p>\r\n

The Supreme Court and Anti-Sodomy Laws<\/b><\/h2>\r\n

In 2003, the U.S. Supreme Court heard <\/i>Lawrence v. Texas<\/i><\/a>, a case involving a man who challenged his conviction of sodomy in Texas. The lower courts convicted the petitioner for having sex with another man in the privacy of his own home.<\/p>\r\n

The Supreme Court justices ruled that Texas’ anti-sodomy laws were unconstitutional and unenforceable. In the wake of Lawrence v. Texas<\/i>, all anti-sodomy laws, as they apply to consensual sex between adults, became unconstitutional.<\/p>\r\n

The ruling in Lawrence<\/i> did not affect laws on child molestation, child seduction, or other sexual offenses involving a minor. The Supreme Court’s ruling in this case is only for cases involving adults in a consensual sexual relationship.<\/p>\r\n

Indiana’s Sexual Activities Laws<\/b><\/h2>\r\n

Indiana’s laws about the prohibition of specific consensual sexual activities include provisions for public indecency and indecent exposure<\/a>. Most states have similar laws.<\/p>\r\n

But Indiana goes a step further and requires mandatory testing and reporting if an HIV-positive person is guilty of a sex crime that "creates an epidemiologically demonstrated risk of [HIV] transmission<\/a>" to another person.<\/p>\r\n

Indiana’s Romeo and Juliet Laws<\/b><\/h2>\r\n

Indiana’s age of consent laws state that a person is not able to give valid consent to have sexual intercourse or engage in other sexual acts with someone until they are at least 16 years of age. If someone has sexual contact with a person who is below the legal age of consent, they may face criminal charges under the state’s statutory rape laws.<\/p>\r\n

Prohibited Consensual Sexual Activity Laws in Indiana<\/b><\/h2>\r\n

Indiana’s prohibited consensual sexual activity laws are in the following chart.<\/p>\r\n

HIV exposure and compelled testing for offenders Under Indiana Criminal Code Section 35-38-1-9.5<\/a>, a person guilty of a sexual offense must submit to HIV testing upon the victim’s request and order from the court. An offender must also undergo HIV testing if their offense involves a controlled substance.<\/p>\r\n