Sec. 2. (a) A person at least eighteen (18) years of age who knowingly or intentionally:

(1) performs, or offers or agrees to perform, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); or

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2

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Terms Used In Indiana Code 35-45-4-2

(2) fondles, or offers or agrees to fondle, the genitals of another person;

for money or other property commits prostitution, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has two (2) prior convictions under this section.

     (b) It is a defense to a prosecution under this section that the person was a victim or an alleged victim of an offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 at the time the person engaged in the prohibited conduct.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3; P.L.158-2013, SEC.526; P.L.23-2015, SEC.4; P.L.86-2017, SEC.15; P.L.144-2018, SEC.30.