Imagine being a parent or guardian in Indianapolis and suddenly your teenager is accused of a sex crime involving another minor. The panic, confusion, and fear are overwhelming.
At Eskew Law, we see families facing this crisis, and we know how life-altering the consequences can be. In this article, we will examine whether a minor in Indiana can be charged with sex crimes involving a juvenile victim, how the juvenile and adult systems differ, and why it is critical to engage an Indianapolis criminal defense lawyer without delay.
Our firm serves clients throughout Indianapolis and Central Indiana, acting as criminal defense attorneys for young people and families facing juvenile crime or sex offense allegations.
Understanding Indiana’s Juvenile Justice Framework
The Juvenile Court vs. Adult Criminal Court
Under Indiana law, the juvenile justice system has unique rules geared toward rehabilitation rather than punishment. Most children under 18 arrested in Indiana will have their cases in juvenile court, as the “child” has committed a delinquent act that would be a crime if committed by an adult.
Unlike the adult system, juvenile cases emphasize treatment, community supervision, and the avoidance of collateral harm.
The Key Age and Jurisdiction Question
However, when sex crimes involving juvenile victims are alleged, the lines blur. Indiana law defines many sex offenses in Title 35 of the Indiana Code. For example, under Indiana Code §35-42-4-9, “sexual misconduct with a minor” applies to a person at least 18 years of age engaging in sexual conduct with a child under 16.
That statute presumes the accused is an adult. So what happens if the accused is not yet 18? Or if the victim is also a minor?
As criminal defense attorneys in Indianapolis with experience in juvenile crime, we know that when the accused is a minor, the case generally proceeds in the juvenile system, unless it is transferred to adult court under certain conditions.
Transfer to Adult Court: The Exception
Indiana law allows juvenile cases involving heinous or aggravated acts to be waived into adult court. The practical meaning: when a minor commits a particularly serious crime, for example, felony child molesting, the prosecutor or juvenile court may seek to move the case to adult court, meaning the accused minor may face adult criminal penalties.
In short, Yes, a minor can be charged with a sex crime involving a juvenile victim, but the applicable system (juvenile vs. adult) and exposure differ depending on the ages involved, the nature of the conduct, and statutory jurisdiction rules.
What Types of Sex Crimes Involving Juvenile Victims Are There?
To understand exposure, you must know the kinds of sex crime statutes in Indiana.
A Few Key Statutes
- Child Molesting (IC 35-42-4-3): Covers sexual intercourse or other sexual conduct with a child under age 14.
- Sexual Misconduct With a Minor (IC 35-42-4-9): Applies to a person age 18 or older who knowingly engages in sexual conduct with a child under age 16.
- Other Offenses: Child solicitation, child seduction, and similar laws protect juveniles from sexual contact by older persons.
The Age Gap and Close-in-Age Exceptions
Under IC 35-42-4-9(e), there is a defense when the accused is not more than four years older than the minor victim, the relationship was a dating or ongoing personal relationship (not a family relationship), and aggravating factors like the use of a weapon or serious bodily injury are absent. This reflects that Indiana law is more nuanced when minors of similar ages are involved.
Important Takeaway
If the accused minor is under 18, the case will typically start in juvenile court, unless there is a waiver to adult court due to the severity of the offense. The specific statute may apply to an adult offender, but the juvenile adjudication process still applies to minors, and sometimes the prosecutor seeks adult penalties.
Can Minors Be Charged, and What Are the Risks?
Adjudication vs. Conviction
If a minor is adjudicated delinquent in juvenile court for a sex offense, this is not a “conviction” like adult criminal court, but the consequences can still be serious. The juvenile may be subject to detention, probation, treatment programs, restrictions, and their record may impact their future.
Adult Court Exposure
If the case is transferred or filed directly in adult court, the minor may face adult criminal charges, sentencing ranges, sex-offender registration, and long-term collateral consequences including employment and housing restrictions. Penalties vary depending on the offense and circumstances.
Jurisdictional Gap for Late Reporting
A critical and lesser-known issue occurs when an offense is committed while the accused was a minor, but the state waits until the accused is over 21 to file charges. The juvenile court loses jurisdiction, and the adult court may not automatically have jurisdiction for a juvenile act. This “jurisdictional gap” means timely action is essential.
Registration as a Sex Offender
In adult cases, a conviction for a sex crime may trigger registration under Indiana’s Sex and Violent Offender Registry. If a minor is adjudicated delinquent, whether registration applies depends on the offense and the court system involved. The exact exposure should be evaluated by a juvenile defense attorney in Indianapolis.
Why You Need a Seasoned Juvenile Crime Lawyer in Indianapolis
Facing allegations of a sex crime involving a juvenile victim is one of the most serious and emotionally charged legal challenges a family can encounter. At Eskew Law, our team of criminal defense attorneys in Indianapolis brings decades of combined experience to juvenile and sex-crime defense.
How We Can Help
- Immediate Assessment: We review when and how the allegations arose, the ages of the parties, whether the case is in juvenile or adult court, and the statute under which charges could be filed.
- Jurisdiction Analysis: We examine whether the case should remain in juvenile court or can be transferred to adult court.
- Defense Strategy: We evaluate evidentiary issues, statutory defenses, such as the close-in-age exception, and whether the accused reasonably believed the minor was at least 16 years old.
- Guarding Future Rights: Even in juvenile court, an adjudication can affect reputation, housing, education, and employment. We work to minimize or avoid lifelong harm.
- Communicating with the Family: We understand this is an emotional time for parents and minors alike. We provide clear, honest guidance and help you make informed decisions.
Why Choose Eskew Law
- Our firm is based in Indianapolis and serves clients throughout Indiana.
- We focus heavily on criminal defense and juvenile crime cases.
- We are committed to one-on-one attention: you deal directly with an attorney, not just a staff member.
- We have a track record of handling complex cases, including sex crimes and juvenile matters.
Actionable Steps for Parents and Juveniles Facing These Charges
- Do Not Delay: Contact a skilled juvenile defense attorney in Indianapolis as soon as you are aware of any investigation or possible charges.
- Preserve Evidence and Avoid Self-Incrimination: Do not let your child talk to law enforcement or prosecutors without legal counsel present. Keep any communications or evidence.
- Understand the Process: If the case is in juvenile court, know the difference between “adjudication” and “conviction.” Ask about detention, probation, and potential transfer to adult court.
- Explore Defenses: Age gap defenses, reasonable belief of age, relationship history, and statutory exceptions may apply.
- Mitigate Long-Term Consequences: Even after the case resolves, ask about record sealing, expungement, and steps to protect your child’s future.
- Consult with Us at Eskew Law: As your defense lawyer in Indiana, we will evaluate your case, explain your options, and guide you through every step of the process.
The Stakes Are Too High To Go It Alone
When a young person is accused of a sex crime involving another juvenile, the emotional weight is heavy, the legal risks significant, and the future uncertain. You do not have to go through this alone. A trusted Indianapolis criminal defense lawyer or juvenile defense attorney in Indianapolis can make all the difference.
At Eskew Law, we understand the specialized nature of juvenile sex-crime defense in Indiana. We value our clients, and we tailor our representation to protect your family’s future. If your child is facing such allegations, reach out to us today for a confidential consultation.
