Section 35-44.1-3-10 - Sexual misconduct with a service provider(a) The following definitions apply throughout this section: (1) "Lawful supervision" means supervision by:(A) the department of correction; (C) a probation department;(D) a community corrections program, a community transition program, or another similar program; or(2) "Service provider" means: (A) with respect to a person subject to lawful detention:(ii) a person employed by a governmental entity; or(iii) a person who provides goods or services to a person who is subject to lawful detention; and(B) with respect to a person subject to lawful supervision: (i) a public servant whose official duties include the supervision of the person subject to lawful supervision;(ii) a person employed by a governmental entity to provide supervision for the person subject to lawful supervision; or(iii) a person who is employed by or contracts with a governmental entity to provide treatment or other services to the person subject to lawful supervision as a condition of the person's lawful supervision.(b) A service provider who knowingly or intentionally engages in any fondling or touching with a person who is subject to lawful detention or lawful supervision with the intent to arouse or satisfy the sexual desires of the service provider or the person commits sexual misconduct, a Level 6 felony. However, the offense is a Level 5 felony if the service provider engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the person who is subject to lawful detention or lawful supervision.(c) A service provider at least eighteen (18) years of age who knowingly or intentionally engages in any fondling or touching with the intent to arouse or satisfy the sexual desires of the service provider or the other person, with a person who is:(1) less than eighteen (18) years of age; and(2) subject to lawful detention or lawful supervision; commits sexual misconduct, a Level 5 felony. However, the offense is a Level 4 felony if the service provider engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the person.
(d) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.(e) It is not a defense that an act described in subsection (b) or (c) was consensual.(f) This section does not apply to fondling, touching, sexual intercourse, or other sexual conduct (as defined in IC 35-31.5-2-221.5) between spouses.Amended by P.L. 209-2023,SEC. 4, eff. 7/1/2023.Amended by P.L. 11-2023,SEC. 113, eff. 7/1/2023.Amended by P.L. 11-2023,SEC. 113, eff. 7/1/2023.Amended by P.L. 78-2022,SEC. 10, eff. 7/1/2022.Amended by P.L. 185-2014, SEC. 6, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 516, eff. 7/1/2014.Added by P.L. 126-2012, SEC. 54, eff. 7/1/2012.