Indiana Prostitution and Solicitation Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 04, 2025

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Prostitution and solicitation are illegal in every state but Nevada. Indiana has three primary criminal laws that cover prostitution-related sex crimes. These laws make it illegal to engage in sex for money, to pay a sex worker to engage in sexual activities, or to promote prostitution.

Indiana law treats these three crimes separately. But they all involve engaging in sexual conduct or sexual intercourse in exchange for something of value. Generally, Indiana lawmakers break these crimes into prostitution, solicitation and patronizing a prostitute, and pimping.

If you're facing charges of prostitution or solicitation, contact a local lawyer immediately.

Indiana also criminalizes human trafficking for prostitution. Anybody who pays to engage in sexual acts with a human trafficking victim will face severe penalties, including life in prison and lifelong registration as a sex offender.

Here, we'll explain Indiana's prostitution and solicitation laws, including the penalties and defenses to these crimes.

What Qualifies as Prostitution, Solicitation, and Pimping Under Indiana Law

Most people know that prostitution is illegal. But not everyone understands that law enforcement can arrest them simply for asking a person if they're a prostitute. Many people are also unclear on how entrapment works. They think the state can't charge them with prostitution if the police arrest them during a sting operation. This isn't true.

As stated above, Indiana law recognizes three prostitution offenses: prostitution, solicitation, and pandering (pimping). It's worth taking a closer look at these laws and offenses.

  • Prostitution — A person is guilty of prostitution if they knowingly engage in sexual conduct with another person in exchange for money or something of value.
  • Solicitation of prostitution — The police can arrest and charge a person who engages in sex with a prostitute. The law calls these people as "johns." While the penalties for solicitation of a prostitute may not be as harsh as they are for pimping, they are still impactful.
  • Pimping/pandering — A person may be guilty of pimping or pandering if they promote prostitution in any way. This may involve managing a group of prostitutes and arranging for their "dates" to running a house of prostitution (brothel). The penalties for the promotion of sex work are harsher when human trafficking victims are involved.

Penalties and Sentences

Most prostitution-related charges are misdemeanors. But, if you have a prior conviction, the prosecutor may upgrade your charges to a felony. Pimping or promoting prostitution charges are all felonies. The penalties vary by the age of the sex worker and whether they're a trafficking victim.

Being a victim of human sex trafficking is a valid prostitution defense in Indiana. The state will not file criminal charges against a trafficking victim who engaged in prostitution. Under Ind. Criminal Law and Procedure §35-42-3.5-4, the state can't jail or fine alleged victims of sexual trafficking. Instead, the state must hold them in a facility that's inappropriate for crime victims.

Indiana Prostitution and Solicitation Laws: Statutes

The chart below outlines Indiana's prostitution laws. If you still have questions about your prostitution case, contact a skilled Indiana criminal defense attorney.

Code sections

Indiana Code Section 35-45 Chapter 4: Indecent Acts and Prostitution

IC Section 35-42-3.5.1: Human and Sexual Trafficking
What is prohibited?

In Indiana, the following crimes are illegal:

Prostitution — Knowingly performing or offering sex, including fondling the genitals of another person in exchange for money or other property

Patronizing a prostitute — Knowingly paying or offering to pay money to a person for sex or other sexual contact, including fondling or agreeing to fondle the genitals of the other person.

Human trafficking — This crime involves patronizing a sex trafficking victim or knowingly paying or agreeing to pay money or someone for sex, knowing a human trafficker forced them into sex work.

Promoting prostitution — A person who does any of the following may be guilty of pimping and pandering:

  • Knowingly compels another to become a sex worker.
  • Knowingly finds a prostitute for another person.
  • Knowingly controls a place of prostitution.
  • Gets money or property from a sex worker, knowing they earned the money from prostitution.
  • Knowingly directing another to a place of prostitution.

Promotion of human trafficking — Knowingly recruiting, harboring, or transporting another person into forced sex work.

Promotion of human trafficking of a minor — Knowingly recruiting, harboring, or transporting a person under 16 years of age for prostitution.

Promotion of sexual trafficking of a minor — Selling or transferring custody of a child under 16 for forced prostitution.
Penalty levels

The penalties for the above sex crimes depend on the victim’s age, the defendant's age, the defendant’s conduct, and prior convictions:

  • Level 2 felony — Promoting sex trafficking of a child under 16
  • Level 3 felony — Promoting human trafficking of a child under 16
  • Level 4 felony — Promoting human trafficking or promoting prostitution of someone under 18
  • Level 5 felony — Promoting prostitution or knowingly patronizing a sex trafficking victim
  • Level 6 felony — Prostitution or patronizing a prostitute with two prior convictions for the same offense
  • Class A misdemeanor — Prostitution or patronizing a prostitute
Penalties

Punishments for felonies and misdemeanors in Indiana vary by level or class. The penalty ranges for the above crimes are:

  • Level 2 felony — Imprisonment for 10 to 30 years and a fine of up to $10,000
  • Level 3 felony — Three to 16 years of incarceration and a fine of up to $10,000
  • Level 4 felony — Two to 12 years in state prison and a fine of up to $10,000
  • Level 5 felony — One to six years imprisonment and a fine of up to $10,000
  • Level 6 felony — Six months to 2.5 years incarceration and a fine of up to $10,000
  • Class A misdemeanor — Up to one year in prison and a fine of up to $5,000
  • Class B misdemeanor — Up to 180 days incarceration and a fine of up to $1,000

Note: State laws constantly change due to new legislation, higher court rulings, and other decrees. Always verify your state laws by talking to a criminal defense lawyer or conducting legal research.

Charged With Prostitution or Solicitation in Indiana? Get Legal Help

Prostitution charges are more serious than you may think. The penalties for prostitution-related offenses in Indiana are severe. If you're facing charges under Indiana prostitution and solicitation laws, reach out to an experienced sex crime attorney in Indiana today.

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