State Guide
Age of Consent in Indiana
A plain-English guide to the age of consent in Indiana, cited to Indiana Code § 35-42-4-9. Sources disagree on the exact shape of Indiana’s close-in-age defense; this guide discloses that rather than picking one account.
Mistake-of-age defense confirmed; broader defense reported but unverifiedIndiana at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Ind. Code § 35-42-4-9 (Sexual Misconduct With a Minor) |
| Confirmed defense | Reasonable belief the child was 16 or older |
| Reported, unverified defense | Victim 14–15, gap ≤4 years, dating relationship |
| Related offense | Child seduction — position of authority, any age under 18 |
Overview
Indiana sets its age of consent at 16. Indiana Code Section 35-42-4-9 makes it a felony for anyone 18 or older to have sexual intercourse or other sexual conduct with someone under 16, regardless of whether the younger person agreed.
Age of consent in Indiana
Section 35-42-4-9(a) makes intercourse or other sexual conduct with a child under 16 a Level 5 felony, rising to a Level 4 felony if the offender is 21 or older. Section 35-42-4-9(b) covers fondling or touching with the same age group as a Level 6 felony, rising to a Level 5 felony if the offender is 21 or older.
Close-in-age rules in Indiana
Two different close-in-age narratives appear across sources describing this statute:
- Confirmed directly in the statute text: it is a defense that the accused reasonably believed the child was at least 16. This is a mistake-of-age defense, not a numeric age-gap rule.
- Reported by several secondary sources but not confirmed in the text this guide retrieved: a defense limited to a victim 14 or 15, an offender no more than four years older and under 21, in a dating or ongoing personal relationship.
Exceptions and defenses
A position of authority removes any close-in-age consideration entirely. Under Indiana’s child seduction statute, an adult who supervises, teaches, coaches, or has guardianship over a minor commits a felony for sexual contact with that minor even if the minor is 16 or 17 and has otherwise reached the age of consent. This statute is not a defense the accused raises; it is a separate offense targeting the authority relationship itself. Marriage between the two people is also a stated exclusion from Section 35-42-4-9.
Applicable statutes
The codified Indiana law this guide is drawn from.
Practical examples
Example 1. An 18-year-old and a 15-year-old who reasonably and specifically believed, based on a shown ID, that the 15-year-old was 16 or older. This could fit the confirmed mistake-of-age defense.
Example 2. A 19-year-old and a 15-year-old, a four-year gap, in an ongoing dating relationship, with no mistaken belief about age at all. Whether a defense applies here depends on which account of the law is accurate, which this guide has not been able to resolve.
Example 3. A 17-year-old and their 22-year-old swim coach. Because the coach holds a position of authority, the child seduction statute applies regardless of any close-in-age consideration.
Frequently asked questions about Indiana
What is the age of consent in Indiana?
16. Indiana Code Section 35-42-4-9 makes it a felony for anyone 18 or older to have sexual intercourse or other sexual conduct with someone under 16.
Does Indiana have a Romeo and Juliet law?
Sources disagree. The statute text this guide confirmed contains a mistake-of-age defense, not a numeric age-gap rule. Several secondary sources describe a separate four-year, dating-relationship defense that this guide could not independently verify.
What is the confirmed defense, exactly?
It is a defense that the accused reasonably believed the child was at least 16 years old at the time of the conduct, regardless of the child’s actual age or the size of the gap.
Does a position of authority change anything?
Yes. Indiana’s child seduction statute applies to a supervisor, teacher, coach, or guardian regardless of the minor’s age, up to 18, separate from the close-in-age question entirely.
Are married couples treated differently?
Yes. Marriage between the two people is a stated exclusion from Section 35-42-4-9.
Official sources
Primary and official sources this guide is built from.
Two accounts of the same statute
This guide discloses both rather than presenting one as settled.
| Account | Basis | Confirmation status |
|---|---|---|
| Mistake of age | Reasonable belief victim was 16+ | Confirmed in retrieved statute text |
| Age-gap and relationship | Victim 14–15, gap ≤4 years, dating | Reported by secondary sources, not independently confirmed |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Indiana Code, cross-checked across multiple years of codification and independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Indiana attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Indiana Code as of 26 July 2026. It has not yet been reviewed by a licensed Indiana attorney. A significant, unresolved discrepancy is flagged above: the statute text this guide directly retrieved and confirmed across three separate years shows only a mistake-of-age defense, while multiple secondary sources describe a separate four-year, dating-relationship defense this guide could not locate in that text. This should be the first item confirmed in any future review, ideally against the complete, current subsection list.