Ind. Code Ann. § 35-45-4-2(a) (1976).
- It is a defense to a prosecution under this section (prostitution) that the person was a victim or an alleged victim of trafficking offenses at the time the person engaged in the prohibited conduct.
- Prostitution is defined to include a person 18 years of age or older.
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IND. CODE § 35-38-1-7.1(b)(11) (2023).
- Courts may consider the following factors as mitigating circumstances or as favoring suspending the sentence and imposing probation:
- Where the person was convicted of a crime involving the use of force against a person who repeatedly inflicted physical or sexual abuse on them, and evidence shows that the convicted person suffered from the effects of battery as a result of the past course of conduct of the individual who is the victim of the crime for which the person was convicted.
IND. CODE § 31-37-22-11 (2020).
- Indiana law provides that a child who was: (1) the victim of human trafficking; and (2) adjudicated a delinquent child for an act performed while a victim of human trafficking is entitled to have the adjudication vacated if certain conditions are met.
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- Establishes a protocol requiring law enforcement to refer impacted children to a child services agency.
IND. CODE § 35-42-3.5-4(c) (2023).
- States that if a law enforcement agency detains an alleged victim of an offense such as human and sexual trafficking and who is less than eighteen years of age, the law enforcement agency shall immediately notify the department of child services that the alleged victim has been detained and may be a victim of child abuse or neglect.
IND. CODE § 35-45-4-2 (2023); IND. CODE § 35-42-3.5-1 (2017).
- Provides potential immunity by defining prostitution as a crime committed by: “A person at least eighteen (18) years of age who knowingly or intentionally performs, or offers or agrees to perform, sexual intercourse or other sexual conduct” and via statute (§35–42–3.5–4(c), effective 2015) requires law enforcement agencies to “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.”
IND. CODE § 35-45-4-4(a) (2023).
- Defines “juvenile prostitution victim” as “a person less than eighteen (18) years of age who engages in juvenile prostitution.”