Indiana § 35-42-3-4 - Interference with custody

§ 35-42-3-4. Interference with custody

Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally:

(1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or

(2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;

commits interference with custody, a Level 6 felony. However, the offense is a Level 5 felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Level 4 felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.

(b) A person who with the intent to deprive another person of custody or parenting time rights:

(1) knowingly or intentionally takes;

(2) knowingly or intentionally detains; or

(3) knowingly or intentionally conceals;

a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.

(c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.

(d) The offenses described in this section continue as long as the child is concealed or detained or both.

(e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.

(f) It is a defense to a prosecution under this section that the accused person:

(1) was threatened; or

(2) reasonably believed the child was threatened;

which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.

As added by P.L.49-1989, SEC.22. Amended by P.L.162-1990, SEC.1; P.L.68-2005, SEC.60; P.L.164-2007, SEC.2; P.L.158-2013, SEC.435.

IC 35-42-3.5Chapter 3.5. Human and Sexual Trafficking

35-42-3.5-0.5Definitions 35-42-3.5-1Promotion of human labor trafficking 35-42-3.5-1.1Promotion of human sexual trafficking 35-42-3.5-1.2Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child 35-42-3.5-1.3Child sexual trafficking 35-42-3.5-1.4Human trafficking 35-42-3.5-2Restitution orders 35-42-3.5-3Civil cause of action 35-42-3.5-4Rights of alleged victims 35-42-3.5-5Reporting of human trafficking investigations to the attorney general

IC 35-42-3.5-0.5Definitions Sec. 0.5. (a) The following definitions apply throughout this chapter:

(1) "Human trafficking" means an offense described in sections 1 through 1.4 of this chapter.

(2) "Human trafficking victim" means a person who is the victim of human trafficking.

(3) "Sexual conduct" has the meaning set forth in IC 35-42-4-4.

(b) As used in this chapter, "force", "threat of force", "coercion", or "fraud" means but is not limited to a person:

(1) causing or threatening to cause physical harm to a human trafficking victim;

(2) physically restraining or threatening to physically restrain a human trafficking victim;

(3) abusing or threatening to abuse the law or legal process to further the act of human trafficking;

(4) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of the human trafficking victim;

(5) using blackmail or threatening to cause financial harm for the purpose of exercising financial control over the human trafficking victim; or

(6) facilitating or controlling a human trafficking victim's access to a controlled substance.

As added by P.L.144-2018, SEC.19.

IC 35-42-3.5-1Promotion of human labor trafficking Sec. 1. A person who, by force, threat of force, coercion, or fraud, knowingly or intentionally recruits, harbors, provides, obtains, or transports an individual to engage the individual in labor or services commits promotion of human labor trafficking, a Level 4 felony.

As added by P.L.173-2006, SEC.52. Amended by P.L.1-2012, SEC.4; P.L.72-2012, SEC.3; P.L.55-2013, SEC.1; P.L.158-2013, SEC.436; P.L.168-2014, SEC.66; P.L.13-2016, SEC.14; P.L.86-2017, SEC.13; P.L.144-2018, SEC.20.

IC 35-42-3.5-1.1Promotion of human sexual trafficking Sec. 1.1. A person who knowingly or intentionally uses force, threat of force, coercion, or fraud to recruit, entice, harbor, or transport an individual with the intent of causing the individual to:

(1) marry another person;

(2) engage in prostitution; or

(3) participate in sexual conduct;

commits promotion of human sexual trafficking, a Level 4 felony.

As added by P.L.144-2018, SEC.21.

IC 35-42-3.5-1.2Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child Sec. 1.2. (a) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than eighteen (18) years of age with the intent of causing the child to engage in:

(1) prostitution or juvenile prostitution; or

(2) a performance or incident that includes sexual conduct in violation of IC 35-42-4-4 (child exploitation);

commits promotion of child sexual trafficking, a Level 3 felony.

(b) It is not a defense to a prosecution under this section that the:

(1) child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct; or

(2) intended victim of the offense is a law enforcement officer.

(c) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than sixteen (16) years of age with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a Level 3 felony. It is a defense to a prosecution under this subsection if:

(1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or

(2) all the following apply:

(A) The person is not more than four (4) years older than the victim.

(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.

(C) The crime:

(i) was not committed by a person who is at least twenty-one (21) years of age;

(ii) was not committed by using or threatening the use of deadly force;

(iii) was not committed while armed with a deadly weapon;

(iv) did not result in serious bodily injury;

(v) was not 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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and

(vi) was not committed by a person having a position of authority or substantial influence over the victim.

(D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.

(E) The person is not promoting prostitution (as defined in IC 35-45-4-4) with respect to the victim even though the person has not been charged with or convicted of the offense.

As added by P.L.144-2018, SEC.22. Amended by P.L.186-2025, SEC.233; P.L.92-2026, SEC.29.

IC 35-42-3.5-1.3Child sexual trafficking Sec. 1.3. A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution, juvenile prostitution, or participating in sexual conduct commits child sexual trafficking, a Level 2 felony.

As added by P.L.144-2018, SEC.23.

IC 35-42-3.5-1.4Human trafficking Sec. 1.4. (a) A person who knowingly or intentionally:

(1) pays, or offers or agrees to pay, money or other property; or

(2) offers a benefit;

to or for a human trafficking victim with the specific intent to induce or obtain the product or act for which the human trafficking victim was trafficked commits human trafficking, a Level 4 felony.

(b) It is not a defense to a prosecution under this section that the human trafficking victim consented.

As added by P.L.144-2018, SEC.24. Amended by P.L.153-2022, SEC.2; P.L.3-2023, SEC.2.

IC 35-42-3.5-2Restitution orders Sec. 2. In addition to any sentence or fine imposed for a conviction of an offense under sections 1 through 1.4 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime under IC 35-50-5-3.

As added by P.L.173-2006, SEC.52. Amended by P.L.144-2018, SEC.25.

IC 35-42-3.5-3Civil cause of action Sec. 3. (a) If a person is convicted of an offense under sections 1 through 1.4 of this chapter, the victim of the offense:

(1) has a civil cause of action against the person convicted of the offense; and

(2) may recover the following from the person in the civil action:

(A) Actual damages.

(B) Court costs (including fees).

(C) Punitive damages, when determined to be appropriate by the court.

(D) Reasonable attorney's fees.

(b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under sections 1 through 1.4 of this chapter.

As added by P.L.173-2006, SEC.52. Amended by P.L.106-2010, SEC.15; P.L.144-2018, SEC.26.

IC 35-42-3.5-4Rights of alleged victims Sec. 4. (a) An alleged victim of an offense under sections 1 through 1.4 of this chapter:

(1) may not be detained in a facility that is inappropriate to the victim's status as a crime victim;

(2) may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and

(3) shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:

(A) taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and

(B) ensuring that the names and identifying information of the alleged victim and the victim's family members are not disclosed to the public.

This subsection shall be administered by law enforcement agencies and the Indiana criminal justice institute as appropriate.

(b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under sections 1 through 1.4 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (LEA Declaration, Form I-914 Supplement B) in accordance with 8 CFR 214.11(f)(1). However, if the law enforcement agency finds that the grant of an LEA Declaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEA Declaration. After receiving a denial letter, the alleged victim may submit additional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the additional evidence.

(c) If a law enforcement agency detains an alleged victim of an offense under sections 1 through 1.4 of this chapter who is less than eighteen (18) years of age, the law enforcement agency shall immediately notify the department of child services that the alleged victim:

(1) has been detained; and

(2) may be a victim of child abuse or neglect.

As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009, SEC.27; P.L.23-2015, SEC.3; P.L.144-2018, SEC.27.

IC 35-42-3.5-5Reporting of human trafficking investigations to the attorney general Sec. 5. Not more than thirty (30) days after the date a law enforcement agency begins an investigation regarding a violation of:

(1) section 1 of this chapter;

(2) section 1.1 of this chapter;

(3) section 1.2 of this chapter;

(4) section 1.3 of this chapter; or

(5) section 1.4 of this chapter;

the law enforcement agency shall notify the attorney general of the investigation, so that the attorney general may assist the law enforcement agency pursuant to IC 4-6-2-12.

As added by P.L.153-2022, SEC.3.

IC 35-42-4Chapter 4. Sex Crimes

35-42-4-0.1Repealed 35-42-4-1Rape; restitution 35-42-4-2Repealed 35-42-4-3Child molesting 35-42-4-4Child exploitation; exemptions; defenses 35-42-4-4.5Possession of child sexual abuse material; exemptions; defenses 35-42-4-5Vicarious sexual gratification; sexual conduct in presence of a minor 35-42-4-6Child solicitation 35-42-4-7Child seduction 35-42-4-8Sexual battery 35-42-4-9Sexual misconduct with a minor 35-42-4-10Unlawful employment by a sexual predator 35-42-4-11Sex offender residency restrictions 35-42-4-12Sex offender Internet offense 35-42-4-12.5Sex offender unmanned aerial vehicle offense 35-42-4-13Inappropriate communication with a child 35-42-4-14Unlawful entry by a serious sex offender