Seymour, IN asked in Criminal Law for Indiana

Q: Is it alright for a 13 year old girl to be in a relationship with a 19 year old boy under the law of Indiana

Without any sexual conduct

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1 Lawyer Answer
David M Seiter
David M Seiter
Answered
  • Criminal Law Lawyer
  • FISHERS, IN
  • Licensed in Indiana

A: I assume that your question is asking is it "legal" for a non-sexual relationship. There is nothing illegal about a 19 year old and 13 year old who socialize. However, obviously you recognize the red flags that this could lead to sexual relationship. Therefore, as a matter of proper parenting, this is not "alright". The age of consent in Indiana is 16. Therefore, the law assumes that any child under the age of 16 cannot consent to sex. This is where the term "statutory rape" applies. Sex may not be against the 13 year old's will but the statute will require court to find that it is without consent. Additionally, sexual conduct is not limited to intercourse. Sodomy or fondling of a 13 year is still a crime. Sex crimes are listed under Indiana Code, Section 35, Article 42, Section 4 (IC 35-41-4 et. seq) If you have additional questions, please contact an attorney practicing criminal law in your area. Many firms, such as mine, offer free initial consultations.

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