Sec. 3. (a) A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person:

(1) for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the person or with any other person; or

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2

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Terms Used In Indiana Code 35-45-4-3

(2) for having fondled, or on the understanding that the other person will fondle, the genitals of the person or any other person;

commits making an unlawful proposition, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has two (2) prior convictions under this section.

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

(1) victim consented to engage in prostitution; or

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

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4; P.L.158-2013, SEC.527; P.L.48-2017, SEC.2; P.L.144-2018, SEC.31; P.L.215-2018(ss), SEC.17.