Child Molestation Defense in Fishers

What Indiana’s Child Molesting Statute Covers

Indiana Code 35-42-4-3 addresses alleged conduct involving a child under 14. The statute distinguishes sexual intercourse or other sexual conduct from fondling or touching performed with the required intent. The felony classification depends on the alleged conduct, the ages involved, and any claimed aggravating circumstances.

Factors affecting the classification may include the accused person’s age, deadly force, the use or threatened use of a deadly weapon, serious bodily injury, or the furnishing of drugs or controlled substances. Indiana law also addresses attempted child molesting. We compare the language of the charge with the available evidence and each element the prosecution must prove.

The statute contains a limited defense based on a reasonable belief that the child was at least 16, subject to statutory exceptions. This isn’t a general consent defense, and whether it applies depends on the specific facts and current law.

Evidence That Can Shape a Child Molesting Defense

Relevant evidence may include recorded statements, text messages, social media activity, device data, medical records, photographs, location information, and witness accounts. A forensic interview is a structured process used to obtain a child’s account of alleged events. The questions, setting, recording, and relationship to other statements may all require close review.

We examine whether the evidence is complete, reliable, and consistent with the alleged timeline. Our review may also address DNA or medical evidence, identification issues, conflicting accounts, the required intent, and whether investigators followed constitutional search and seizure requirements when obtaining statements or records.

Steps to Take After an Accusation or Arrest

Your obligations depend on whether you’re under investigation, released on bond, subject to a no-contact order, or scheduled for court. Careful decisions now can preserve important information and prevent additional legal problems.

Until you receive case-specific legal advice:

• Decline substantive questioning: Don’t answer questions from police or investigators before speaking with our defense attorneys.
• Avoid direct contact: Don’t contact the alleged victim or the alleged victim’s family about the accusation.
• Preserve relevant records: Keep messages, emails, call logs, photographs, receipts, location data, and potential witness names.
• Stay off social media: Don’t post about the allegations, investigation, witnesses, or court proceedings.
• Follow court orders: Comply with bond and no-contact conditions, protective orders, and scheduled hearing requirements.

Get Case-Specific Guidance Before You Respond

Child molesting allegations require careful review of the accusation, available evidence, and current procedural status. Our coordinated criminal defense team provides personal attention while drawing on more than 200 years of combined legal experience to assist clients through investigations, hearings, negotiations, motions, and trial preparation.

Massillamany Jeter & Carson LLP offers free initial consultations by phone and online contact. Bring any available paperwork, hearing information, bond terms, or investigator contact details so we can identify immediate concerns and discuss your legal options.

Call (317) 434-1490 to speak with our attorneys about the investigation, your rights, and your next steps.