Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:
(1) touches another person when that person is:
(A) compelled to submit to the touching by force or the imminent threat of force; or
(B) so mentally disabled or deficient that consent to the touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;
commits sexual battery, a Level 6 felony.
(b) An offense described in subsection (a) is a Level 4 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7; P.L.72-2012, SEC.4; P.L.158-2013, SEC.444.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 42. Offenses Against the Person
35-42-4-4. Child Exploitation; Possession of Child Pornography; Exemptions; Defenses
35-42-4-5. Vicarious Sexual Gratification; Sexual Conduct in Presence of a Minor
35-42-4-9. Sexual Misconduct With a Minor
35-42-4-10. Unlawful Employment by a Sexual Predator
35-42-4-11. Sex Offender Residency Restrictions
35-42-4-12. Sex Offender Internet Offense
35-42-4-12.5. Sex Offender Unmanned Aerial Vehicle Offense
35-42-4-13. Inappropriate Communication With a Child
35-42-4-14. Unlawful Entry of School Property by a Serious Sex Offender