Penalties Increase for Child Sex Crimes When Drugs Are Involved

In Indiana, one of the factors that can greatly increase the penalties a defendant can face for sex crimes committed against minors is when drugs are involved. In some cases, drugs are treated the same way for purposes of increasing the severity of the charge as threats of violence and the use of weapons. 

The Types of Drugs That Can Increase the Penalty for a Sex Crime Committed Against a Child

There are specific types of drugs and controlled substances that can result in increased penalties for child sex crimes. These include “drugs” that are listed in certain publications described in the Indiana statutes. They also include “controlled substances” as listed in certain schedules, also under Indiana law.   

How the Use of a Drug or Controlled Substance by a Minor Can Increase the Severity of a Sex Crime

The following child sex crimes can be charged as higher-level crimes if the child was under the influence of a drug or controlled substance at the time of the alleged crime. In Indiana, level 1 is the most serious felony; level 6 is the least serious: 

• Child molesting – an increase from either a level 3 felony to a level 1 felony, or from a level 4 felony to a level 2 felony
• Vicarious sexual gratification; sexual conduct in the presence of a minor – an increase from a level 5 or 4 felony to a level 3 felony
• Sexual misconduct with a minor – an increase from a level 5 or 4 felony to a level 1 felony

These increases in the severity of the crime can be charged by prosecutors if the defendant administered the drug or controlled substance to the minor, or even if the defendant didn’t give the child the drug but knew that the minor was under the influence of the drug or controlled substance at the time the offense was allegedly committed. 

The consequences of these kinds of increases in the felony level can be severe. Where the penalties for a conviction of a level 5 felony can range from 1 to 6 years in prison, a level 1 felony can result in a sentence of between 20 and 40 years. 

Razumich & Associates Can Help Defend You Against Sex Crime Charges in Indiana

If you’re facing any kind of sex crime charge in Indiana, whether a minor was involved or not, and whether drugs or controlled substances were involved or not, you need the help of an experienced criminal defense attorney because your future is very much at stake. At Razumich & Associates we have the experience, knowledge, and fortitude to go up against the power of the state when it is focused against you. We will protect your rights and vigorously defend you against the charges you’re facing. 

Call us today at 317-449-8657 or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys. When your future is at stake, Razumich & Associates is here to defend you.