Allegations of child sexual abuse are aggressively prosecuted in Indiana. The emotion, stigma, and sentencing laws that accompany these allegations make being charged with child molestation one of the most serious crimes anyone can be charged with. According to the Child Welfare League of America, there were 21,755 children in Indiana who were victims of abuse or neglect in 2013, of which 14.1% were sexually abused.
If you are being investigated or have been charged with a sex crime involving a child, you should seek the assistance of seasoned Indianapolis child molestation lawyer Chris Eskew. Eskew has experience defending people specifically accused of such crimes. We understand how confusing this time must be right now. Our sex crimes defense lawyers have helped several people in your position. We will not let this define you. Call us today for defense strategies that succeed, and the dedicated legal defense you deserve.
Indiana statutes at Ind. Code §35-42-4-3 defines child molestation generally as the crime committed when a person knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct with a child less than fourteen (14) years old. At its simplest form, child molestation is a Level 3 felony punishable, in accordance with Ind. Code § 35-50-2-5 with a sentence between six and 20 years and a fine not exceeding $10,000.
If the act involves fondling or touching of either the child or the older person, with the intent to arouse or to satisfy the sexual desires of either the child or the older person, it is considered a Level 4 felony punishable under Ind. Code § 35-50-2-5.5 with a term of imprisonment between two and 12 years and a fine not exceeding $10,000. Our child molestation attorneys in Indianapolis are experienced with defending these charges and can help you with your case.
However, Indiana statutes at Ind. Code §35-42-4-3 also lists circumstances when the offense of Level 3 child molestation is upgraded to a Level 1 felony punishable by a fixed prison term between 20 and 40 years and a fine not exceeding $10,000. These circumstances are the following:
With regard to Level 4 child molestation, it may be upgraded to a Level 2 felony if the following circumstances are met:
Level 2 felonies are punishable by a term of imprisonment of between 10 and 30 years and a fine not more than $10,000, in accordance with Ind. Code § 35-50-2-4.5. The statute also provides that an individual charged may raise an affirmative defense with his or her Indianapolis sex crimes defense attorneys, arguing that the defendant reasonably believed that the child was 16-years-old at the time of the alleged conduct.
However, this is not a defense if the crime was committed with the use or threat of deadly force or while armed with a deadly weapon. Additionally, the defense is unavailing if the victim was furnished with a drug or a controlled substance.
If you were charged with child molestation in Indianapolis or throughout Central Indiana, you must contact an experienced Indianapolis child molestation lawyer immediately. Having expert defense counsel at the outset of your case may help you achieve a positive outcome in the end. Call Eskew Law at (317) 942-3942 or submit our online consultation request form. We will review your information and help you determine the best strategy for defending your case.
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If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
