Indiana Sex Crimes Defense Attorneys – Protecting Your Future in Indiana
Being accused of a sex crime in Indiana is devastating. Even a false accusation can shatter your reputation, career, and personal relationships overnight. The stigma is immediate and intense – friends may turn away, employers often suspend or fire you, and the community can judge you guilty before you ever step foot in a courtroom. At BJ Johnson Law, we understand the fear and confusion you’re facing. Our team approaches these sensitive cases with compassion, respect, and unwavering dedication to protecting your rights. We believe every client deserves to be treated with dignity and that every story has two sides. In a time when it feels like the world is against you, our goal is to be the ally and advocate you can trust.
The Devastating Impact of a False Sex Crime Accusation
If you have been falsely accused of a sex offense, the consequences begin immediately. Law enforcement may initiate an aggressive investigation; you might be arrested or publicly charged before any evidence is fully reviewed. The mere allegation can lead to humiliating news headlines or social media gossip. You could face protective orders barring you from your home or children. Family members might question your innocence. The emotional toll – anxiety, anger, and despair – can be overwhelming. We have seen clients lose jobs, endure strained marriages, or even have to move away due to community ostracism before their case is ever heard. We know how high these stakes are. As defense attorneys for false sex offense accusations, we make it our mission to stop false allegations in their tracks by thoroughly investigating the claims, preserving any evidence of your innocence, and ensuring your side of the story is powerfully presented. Innocent until proven guilty is not just a phrase – it’s the foundation of our justice system, and we fight to make sure that principle is honored in your case.
Sex Crime Charges Under Indiana Law (IC 35-42-4-1 to 35-42-4-13)
Indiana’s sex crime laws are extensive and very strict. Indiana Code § 35-42-4 defines numerous offenses – from rape and sexual assault to internet sex crimes – each with specific legal definitions and severe penalties. Below are some of the most common sex crime charges in Indiana (IC 35-42-4-1 through 35-42-4-13) and what they mean:
- Rape (IC 35-42-4-1): Defined as sexual intercourse compelled by force, threat, or with someone who cannot consent (for example, due to unconsciousness or mental incapacity) In Indiana, rape is a serious felony; circumstances such as use of a weapon or drugging the victim can elevate the charge to an even higher level offense. A conviction can mean decades in prison and lifelong registry as a sex offender.
- Sexual Battery (IC 35-42-4-8): Any non-consensual sexual touching or groping accomplished by force, threat of force, or when the victim is unaware of the act. For instance, fondling someone who is unconscious or coercing someone to touch you can be charged as sexual battery. This is a felony offense in Indiana, and it underscores that you can face felony charges even when no intercourse occurred if consent was absent.
- Child Molesting (IC 35-42-4-3): Sexual intercourse or sexual touching with a child under 14 years old. Indiana law harshly punishes any sexual act with children. Even “fondling or touching” a child with the intent to arouse either party is child molestation. If the accused is over 21 or if force/injury is involved, it can be charged as a Level 1 felony – among the most serious crimes in the state, carrying up to 40 years in prison.
- Sexual Misconduct With a Minor (IC 35-42-4-9): Sexual intercourse or other sexual conduct with a minor who is 14 or 15 years old, when the accused is an adult at least 18 years of age. Even if a teenager purportedly consents, Indiana law deems them incapable of consenting under age 16. This offense covers scenarios that don’t fall under child molesting because the minor is older. It is generally a Level 5 felony if intercourse is involved (or Level 6 for sexual touching), but can be elevated if the accused is over 21 or force was used.
- Child Seduction (IC 35-42-4-7): Sexual activity with a minor aged 16 or 17 by an adult in a position of trust or authority over the youth. This law typically applies to people like teachers, coaches, step-parents, youth pastors, or other guardians. For example, if a 17-year-old high school student engages in sexual intercourse with a teacher or a coach, the adult can be charged with child seduction. Consent is not a defense due to the power dynamics and trust involved. Child seduction charges remind us that even when a minor is over the general age of consent (16 in Indiana), certain relationships make any sexual contact a crime.
- Child Exploitation & Child Pornography (IC 35-42-4-4): These offenses involve the production, distribution, or possession of sexual images or videos of minors. Child exploitation refers to creating or disseminating child sexual material – for instance, an adult who knowingly manages or produces any performance or digital file that includes sexual conduct by a child under 18. Even persuading a minor to send explicit images can fall under this law. Possession of child pornography is likewise illegal; having any sexual images of a person under 18 (even if you didn’t produce them) is a felony offense. Indiana punishes each file or image as a separate count in many cases, so a single incident can lead to multiple felony charges.
- Vicarious Sexual Gratification (IC 35-42-4-5): A complex name for crimes where an adult engages in sexual conduct in the presence of a minor or forces a minor to participate in a sexual act for the purpose of the adult’s sexual arousal. This can include making a child watch sexual acts or perform sexual acts while the adult observes. For example, an adult who masturbates in front of a child, or forces two minors to engage in sexual behavior with each other, could be charged under this statute. Indiana law explicitly lists “performing sexual conduct in the presence of a minor” as a crime in this category. These offenses can range from Level 6 felonies up to Level 2 felonies depending on the specific act and the child’s age, reflecting the severe view Indiana takes on such behavior.
- Child Solicitation (IC 35-42-4-6): Asking, urging, or enticing a child to engage in sexual activity. This often applies to scenarios like an adult soliciting a minor for sex, whether in person or through communications (text, social media, etc.). For instance, if an adult arranges to meet a 13-year-old for sexual purposes (sometimes these are police sting operations), that adult can be charged with child solicitation. The penalties depend on the child’s age and the method of solicitation – using a computer to solicit (online enticement) can elevate the charge. Child solicitation is typically a felony, and each communication or attempt can be a separate count.
- Inappropriate Communication With a Child (IC 35-42-4-13): It is a crime in Indiana for an adult (18 or older) to communicate with a child under 14 about sexual activities with the intent to satisfy sexual desires. This law covers what many consider “grooming” behavior – for example, talking graphically about sex to a young child, or sending sexually explicit messages, even if no physical contact is ever planned or occurs. Inappropriate communication with a child is usually a misdemeanor offense (Class B misdemeanor) but it can be enhanced to a Class A misdemeanor if done via the internet/digital communications, and even a Level 6 felony if the person has a prior sex offense conviction. Recent legislative efforts have aimed to rename this offense “sexual grooming” and potentially increase penalties, reflecting how seriously such conduct is viewed.
- Offenses Related to Sex Offender Status: Indiana law also criminalizes certain actions by individuals who have prior sex crime convictions. If someone has been designated a “sexually violent predator” or is otherwise required to register, it is illegal for them to do things that might put children at risk. Examples include Unlawful Employment Near Children by a Sexual Predator (IC 35-42-4-10) – which makes it a crime for a convicted sexual predator to work or volunteer in areas with children (like schools, daycares, parks) – and the Sex Offender Residency Offense (IC 35-42-4-11), which prohibits certain offenders from living within specified distances of schools, youth centers, or public parks. Additionally, a Sex Offender Internet Offense (IC 35-42-4-12) makes it a crime for some registered offenders to use social networking websites or chat rooms where children are present, if that use violates their probation or court-ordered restrictions. Even using an unmanned aerial vehicle (drone) to surveil children or restricted locations can be a separate offense (IC 35-42-4-12.5). Finally, failure to comply with sex offender registration requirements (such as not updating your address or employment information) is itself a crime (often a felony) under Indiana law.
No matter the charge you face – whether it’s a he-said/she-said date rape allegation or a complex internet sting operation – you need to take it extremely seriously. All of these offenses carry severe penalties, including potential imprisonment, heavy fines, and the life-changing requirement to register as a sex offender. It’s critical to have an attorney who knows the nuances of Indiana’s sex crime laws inside and out. BJ Johnson Law has that knowledge and experience. Our legal team will explain the specific charges against you, the legal definitions, and what the prosecution must prove for each element of the offense. We leave no stone unturned in building a defense, because we know your freedom and future are on the line.
Lifelong Consequences of a Sex Crime Conviction in Indiana
A conviction for a sex-related offense doesn’t end with serving a prison sentence – in many ways, it’s just the beginning of a lifetime of restrictions and public scrutiny. Indiana imposes some of the harshest lifelong consequences on those convicted of sex crimes. It’s important to understand what’s at stake:
- Mandatory Sex Offender Registration (IC 11-8-8): If convicted, you will be required to register as a sex offender in Indiana’s Sex and Violent Offender Registry. For many offenses, the minimum registration period is 10 years after release from incarceration or completion of your sentence. For more serious offenses – such as those involving minors under 12, repeat offenders, or crimes involving force – registration is for life. Being on the registry means your name, photograph, home address, work address, and the offense of conviction are available to the public online. Neighbors, employers, and anyone with an internet connection can look you up on the Indiana Sex Offender Registry at any time. This permanent label is incredibly damaging. It marks you as a pariah in the community and can feel like a punishment that never ends. Indiana’s registry is part of a nationwide network, so moving out of state doesn’t avoid the requirement – you’d have to register wherever you relocate, and often you must register in multiple jurisdictions if, for example, you work in one county and live in another. Failing to comply precisely with registry rules (missing an update or giving false information) is a felony offense by itself, so one conviction can lead to new charges years later if you make a mistake on paperwork. BJ Johnson Law understands the complex registration laws (IC 11-8-8) and can advise you on compliance or even challenge unwarranted registration requirements in certain cases. We offer sex offender registry defense in Indiana for those accused of registration violations or seeking relief when possible.
- Restricted Residency and Exclusion Zones: Those on the sex offender registry face strict limitations on where they can live. Indiana law often forbids sex offenders from residing within 1,000 feet of schools, parks, or youth program centers (like Boys & Girls Clubs or daycare centers) This is known as the “residency restriction” (IC 35-42-4-11). In practical terms, huge portions of cities and towns are off-limits to you. Finding housing that is both affordable and legally permissible can be extremely difficult. Many offenders are forced to live in isolated areas or far away from family support because so many neighborhoods fall within restricted zones. Violating these residency rules – even unintentionally, such as if a new daycare opens up near your home – can result in a new criminal charge. Our attorneys have experience handling sex offender residency defense cases and know how to navigate these complex restrictions.
- Limited Employment Opportunities: A sex crime conviction can be an employment nightmare. Beyond the immediate job loss you might suffer when charged, your future career options will be severely limited. Many professions that require background checks (teaching, healthcare, law enforcement, childcare, coaching, etc.) are essentially closed to someone with a sex offense record. It may even be illegal for you to work in certain roles – for example, Indiana law bans “sexual predators” from working or volunteering in positions that involve contact with children. Employers in other industries may be reluctant to hire you once they discover your status on a background check or through the public registry. Even trades and labor jobs can be difficult to get, because some unions or job sites have policies against hiring registered offenders. We often help clients brainstorm safe employment options and can provide documentation or legal explanations to potential employers about a client’s case when appropriate. While no lawyer can erase the employment stigma entirely, we strive to mitigate these impacts by possibly obtaining relief like expungements (in limited circumstances) or advocating for lesser charges that won’t trigger as many barriers.
- Public Stigma and Social Restrictions: The social stigma attached to being labeled a “sex offender” is severe. You might face harassment or vigilante behavior from neighbors once your information is on the registry. It’s not uncommon for registrants to find graffiti on their homes or to receive threatening messages. You could be shunned from community events or banned from places like churches or malls. Indiana’s registry information is meant for public safety, but it often results in public shaming. Unfortunately, there is no way to live a truly private life while on the registry – anyone from a curious neighbor to a local reporter can publicize your status. Our firm treats you with respect and humanity, and we are prepared to confront the stigma head-on by ensuring that the legal narrative (your side of the story) is preserved even after a case ends. For example, if a false accusation gets dismissed or you are acquitted, we can petition to seal records or remove your information from public sites where possible. We want you to eventually regain as normal a life as possible.
- Limitations on Internet Use and Personal Freedoms: In today’s digital world, having restricted internet access is a significant handicap – yet many convicted sex offenders, especially those whose offenses involved minors or online activity, face exactly that. Indiana courts and probation departments frequently impose strict rules: you may be barred from using social networking websites, chat rooms, or messaging platforms where minors are present. For instance, using Facebook, Instagram, or even certain dating sites can land you back in jail if those terms are in your probation. There’s even a specific crime (the “sex offender internet offense”) for knowingly violating such internet restrictions. Additionally, travel freedom is curtailed. If you want to take a trip, you often must notify law enforcement ahead of time or get permission from your probation officer. Crossing state lines might mean you have to register in the new state if you stay longer than a few days. International travel can be nearly impossible – federal law now requires that U.S. passports of certain sex offenders be marked, and many countries will deny entry if they know of your conviction. Essentially, a sex crime conviction can confine you not just socially but geographically. We emphasize these consequences because they highlight why early and aggressive defense is so critical – the goal is to avoid a conviction that triggers these life-altering penalties.
- Psychological and Family Consequences: It’s also important to note the less legal, but very real, personal consequences. Many individuals on the registry suffer from depression, anxiety, and social isolation. Family relationships can be strained or broken – for example, if your conviction involved a minor, you may be legally prevented from being alone with your own children, nieces, or nephews. Custody battles and divorce are common outcomes. The stress on spouses and family members who stick by you is immense; they too may face community ostracism or embarrassment. Our attorneys approach sex crime cases with an understanding of this human toll. We can connect clients with counseling resources and support networks to help cope with the stress. And during the case, we handle matters with discretion to try to shield your family from unnecessary publicity.
In sum, a sex crime conviction in Indiana brings lifelong consequences that reach far beyond any jail term. This isn’t meant to scare you – it’s the reality our clients live, and it’s why we fight so hard to prevent these outcomes. If there is any way to get the charges reduced, secure an acquittal, or avoid the harshest penalties, we will pursue that avenue relentlessly. Your future is our foremost concern.
Immediate Legal Representation is Critical in Sex Crime Cases
Facing a sex crime investigation or charge is an emergency. Do not wait to seek legal help. The moments and days following an accusation are often crucial to building a strong defense. Here’s why getting an experienced Indiana sex crimes lawyer involved early can make all the difference:
- Protecting Your Rights from the Start: The police and prosecutors are already building a case against you from the minute an allegation surfaces. Officers may try to interview you, often using high-pressure tactics or deception to elicit a confession. In sex crime cases, it’s common for investigators to pretend they “just want your side of the story,” when really they are gathering statements to use against you. By having our attorneys by your side, you ensure that your rights are protected. We will immediately communicate to law enforcement that all contact must go through us. This prevents you from accidentally saying something that could be misconstrued as incriminating. Never speak to police about the allegations without your attorney present – exercising your right to remain silent is critical. We’ll handle those interactions and make sure that if you do make a statement, it’s done strategically and safely.
- Early Investigation and Evidence Preservation: Sex offense cases can be very fact-intensive. Often, these cases boil down to one person’s word against another’s, which means that any piece of evidence or corroboration becomes extremely important. The prosecution will have specialized units (sex crime detectives, forensic interviewers, crime lab analysts) working quickly to collect evidence like DNA, text messages, or computer data. You need a defense team doing the same for you. At BJ Johnson Law, as soon as we’re retained, we launch our own investigation. We’ll gather witness statements that might support your version of events (for example, alibi witnesses or people who can testify to motives for a false accusation). We work with professional investigators to recover security camera footage, phone records, social media posts – anything that could refute the allegations. Physical evidence, such as clothing or bedding in a rape case, must be preserved and examined by independent experts if necessary. By getting involved early, we can ensure evidence isn’t lost or destroyed over time. Quick action can mean the difference between finding a text message that proves your innocence versus having it overwritten or deleted.
- Expert Consultation: Many sex crime allegations involve complex scientific or psychological evidence. For instance, a rape case might hinge on DNA analysis or medical examination results. An internet sex sting might rely on computer forensics or IP address tracking. Child abuse allegations often involve psychological evaluations or analysis of a child’s forensic interview for signs of coaching. We have a network of expert witnesses – from forensic DNA analysts to computer forensic specialists, and child psychology experts – whom we can consult early in the process. These experts can start reviewing the prosecution’s evidence and help us identify weaknesses. In some cases, we might conduct a polygraph (lie detector) test with a qualified examiner if it could help show your truthfulness regarding a denial of wrongdoing. We leave no avenue unexplored when it comes to gathering proof to support your defense. Starting this process immediately gives us a head start before the State’s narrative hardens.
- Nuances of Building a Defense: Defending sex crime cases requires a delicate and skilled approach. We must be aggressive in asserting your innocence, yet careful not to alienate a jury that may be naturally sympathetic to an alleged victim. As former prosecutors with nearly 40 years of combined experience in Indiana’s criminal courts, Brian Johnson and Kellie Pillar know how the other side operates. We anticipate their strategies – for example, we know the prosecution will often try to introduce evidence of prior bad acts or insinuate character issues, and we’ll fight to exclude anything that’s not directly relevant to the charges. We also know how to cross-examine sensitive witnesses effectively. In cases of alleged child victims, for instance, we handle questioning with great care – exposing inconsistencies or implausibilities in the testimony without appearing to bully a child. In false accusation scenarios, we might bring out evidence of ulterior motives (such as custody disputes, jealousy, or financial gain) to show the jury why someone would make such an accusation. Every decision in trial strategy matters in sex crime cases, because jurors carry strong emotions about these topics. Our experience on both sides of the courtroom gives us insight into selecting the right approach – whether it’s a hard-hitting attack on credibility or a more nuanced appeal to logic and fairness.
- Discretion and Confidentiality: We recognize that merely being charged with a sex offense is deeply embarrassing and can attract media attention. Our firm works discreetly and respectfully. All communications with our office are strictly confidential, and we often can file certain motions under seal or ask the court for protective orders to keep sensitive details (and the names of involved parties) out of public record when appropriate. If you are a professional or have a standing in the community, we understand the need to manage reputational harm. We can guide you on how to handle work or press inquiries, and in some cases, we engage a public relations consultant to help manage the narrative. Your privacy is a priority for us – we want you to be able to fight your charges without your life being irreparably destroyed by publicity.
Bottom line: the sooner you have a dedicated sex crimes defense attorney on your case, the better your chances of a favorable outcome. Early intervention can lead to charges being reduced or even dropped. In some instances, we’ve been able to present evidence to prosecutors before a case is formally filed, convincing them to reconsider weak allegations. And if charges do go forward, you’ll be in the best possible position to win at trial or negotiate a fair resolution. Time is of the essence – if you even suspect you are under investigation, contact BJ Johnson Law immediately. We offer urgent consultations and can even intervene before an arrest if we know law enforcement is looking at you. Your future is too important to delay.
Why Choose us for Your Defense?
Choosing the right attorney may be the most important decision you ever make when facing sex crime charges. Here’s what sets BJ Johnson Law apart and why so many clients in Indianapolis, Danville, and throughout Indiana have trusted us when everything was on the line:
- Former Prosecutors with Inside Knowledge: Our lead attorneys, Brian J. Johnson and Kellie Pillar, are former deputy prosecutors in Indiana. We have been on the other side – we know how police and prosecutors build sex crime cases, how they think, and where their weak spots are. This insider perspective is invaluable. We can often predict the prosecution’s next move, whether it’s a particular plea offer strategy or a tactic at trial, and prepare countermeasures in advance. Having worked these cases from the prosecution side, we also understand the common mistakes and overreaches that the State can make – and we exploit those to your advantage.
- Aggressive, Results-Focused Defense: We approach every case with the mindset that we are going to fight for the best possible outcome, period. Whether that means fiercely litigating pre-trial to suppress illegally obtained evidence, or taking the case all the way to a jury verdict, we are not afraid of a battle. Some lawyers might push you to take a quick plea deal – that’s not us. Your freedom and reputation come first. We meticulously prepare every case as if it will go to trial, which often positions us to negotiate from strength. Prosecutors in Indiana know that our firm will hold them to their burden of proof and will not back down easily. Our track record includes cases where we’ve secured case dismissals, not-guilty verdicts, and favorable plea agreements that protected our clients from the worst consequences. While every case is unique and we can’t guarantee results, we do guarantee that we will explore every legal defense, from mistaken identity to constitutional violations, and pursue every avenue to defend you.
- Personalized and Empathetic Representation: We understand that a sex crime accusation is deeply personal and traumatic. You are not just “another case” to us – you are a human being going through perhaps the darkest time of your life. At Brian J Johnson Law, you will work directly with your attorneys, not get handed off to junior associates or paralegals. We take the time to listen to your side of the story in detail, with compassion and without judgment. We know it’s not easy to discuss these allegations, so we foster a supportive environment. Our team keeps you informed at every step, explains the legal process in plain English, and makes sure you are involved in the critical decisions about your case. We also extend that empathy to your family; if your spouse or parents are helping you through this crisis, we can include them (with your permission) in discussions so that everyone stays informed and reassured. Trust is the cornerstone of our attorney-client relationships – you can trust us to handle your case with the utmost integrity, confidentiality, and commitment to your well-being.
- Proven Advocates in Indiana Courts: Our firm has decades of combined experience practicing in Indiana courtrooms – including in Hendricks County, Marion County (Indianapolis), Boone County, Morgan County, Putnam County, and beyond. We are familiar faces to local judges and prosecutors, and we have built a solid reputation in the legal community. This respect can be a powerful asset in negotiations and court proceedings. When we advocate on your behalf – whether it’s arguing for a bond reduction, a evidentiary ruling, or directly to a jury – we carry the credibility of attorneys who have earned esteem through honesty and skill. We also understand the nuances of Indiana law and procedure. Sex crime laws and registry rules are constantly evolving, and we stay up-to-date on all legislative changes (for example, new amendments to the registry requirements or adjustments in consent laws). Our knowledge isn’t just theoretical; we constantly apply it in real cases. By choosing us, you are entrusting your case to lawyers who know exactly how to navigate Indiana’s legal system and who won’t be learning on the job at your expense.
When you hire Brian or Kellie, you are gaining allies who will stand by you unwaveringly. We know what you’re up against, and we have the skills, experience, and determination to guide you through it. Our goal is not only to win your case, but to help you rebuild and move forward with your life.
Don’t Face Sex Crime Charges Alone – We’re Here to Help
Time and again, we have seen that early and proactive legal representation makes a pivotal difference in sex crime cases. The prosecution is working hard to prove your guilt – you need a team working even harder to prove your innocence or mitigate the situation. Don’t wait and hope that the situation will resolve itself, and don’t try to handle this on your own. The stakes are simply too high.
If you or a loved one is under investigation or has been charged with a sex offense in Indiana – whether in Indianapolis, Danville, or anywhere in the state – contact BJ Johnson Law right away for a confidential consultation. We will review the allegations, answer your questions, and outline a plan to defend you. This initial consultation is not only confidential but also judgment-free; we are here to help, not to cast blame or doubt.
Call us today at (317) 718-7000 to speak with an experienced Indiana sex crimes defense attorney. You can also reach out through our website’s contact form or visit our Danville office – whatever is most comfortable for you. Our legal team is ready 24/7 to respond in emergencies because we know investigations don’t only happen during business hours.
When you’re facing the fight of your life, put a powerful ally in your corner. At BJ Johnson Law, we combine legal excellence with genuine compassion – we will listen to your story, rigorously defend your rights, and stand by your side every step of the way. Your freedom, your reputation, and your future are worth defending, and we are prepared to do everything in our power to secure the best possible outcome.
Take control of your defense now. Contact BJ Johnson Law and let us start fighting for you. Your consultation is private and protected by attorney-client privilege, so you have nothing to lose by getting informed. Let us help you navigate this crisis and work towards getting your life back.
Your life does not have to be defined by this accusation – with the right defense, you can overcome it. We are here to provide that defense. Call us today, and let’s begin the work of protecting your future.