Sexual Age of Consent in the State of Indiana
Indiana law establishes the legal age of consent at 16. General Indiana Code 35-42-4-5 is the statutory provision that states a person who is at least 16 and who "engages another individual under age 16 in sexual intercourse commits sexual misconduct with a minor…. with a member of the opposite gender commits sexual misconduct with a minor." The statute goes on to establish an affirmative defense if the accused "is not more than three years older than the victim and the victim’s parent, guardian, or custodian gave permission for the defendant to engage in sexual intercourse with the victim."
While the consent of the victim’s parents or guardians to an alleged sexual offense involving a minor is typically not considered a defense and will not permit an adult to avoid criminal responsibility, as Indiana law is phrased, sexual misconduct with a minor is an exception. Sexual misconduct with a minor can be a Class A misdemeanor or a Class D felony. A Class A misdemeanor is a charge where the maximum term of imprisonment is one year and the maximum fine is $5,000. A Class D felony is a criminal charge where the penalty is six months to 3 years of imprisonment, a fine of up to $10,000, and up to 3 years in a youth program. If convicted of sexual misconduct with a minor as defined by the United States Code, an individual is required to register as a sex offender, which requires periodic reporting and adds severe restrictions. Victims in Indiana can report sexual offenses to the Indiana State Police .
Criminal sexual behavior is not the only area of the law that concerns age, minors, and young people. The legal "age of majority" in this state, which is the minimum age and the age at which a person enjoys all the rights granted to adults, is also 18, meaning that in any matter subject to Indiana law, a party cannot act as an adult, for example, bondage, unless they are at least 18 years of age.
Under Indiana Law, the legal age of majority is the age of 18. In legislation enacted in 1993 (IC 1-1-7-1), Congress abolished minority with respect to age. Generally, that means that individuals who are 18 years old and older enjoy the same rights, privileges, duties, and obligations as any other adult citizen. Unless a person has been legally emancipated, an Indiana resident who is at least 18 years old cannot be considered a minor by the law. In Indiana, emancipation means a minor is no longer under the care and control of his or her custodial parent(s) or legal guardian. A minor can also be legally emancipated by a court petition. Emancipation does not mean that the minor is of legal adult age. While emancipation entails a certain level of independence, without a minimum age of 18, emancipated or not, a minor is still legally subject to the jurisdiction and laws of the state.
Suffice it to say, that the age of consent laws and the age of majority laws are intertwined and interrelated and are important to individuals at either end of an age divide. What may be considered an innocent relationship to one party, may well be a case for the Indiana State Police to investigate in the mind of the other party.
The Indiana Legal Drinking Age
The legal drinking age in Indiana is 21. It is also illegal for a minor to consume or transport alcohol in any public location, or for a minor to purchase alcohol directly. Indiana has well-publicized penalties in place to enforce this law.
Under Indiana Code 9-30-5-1, the entire public consumption of alcohol by a minor is illegal. This regulation outlines the legal age for alcohol purchase or consumption. Under regulation 9-30-5-3, as part of this general ban, there are 13 exceptions for the public consumption of alcohol by a minor, including:
The sale or furnishing of alcohol to a minor is also illegal in Indiana. This includes any direct sale to a minor, as well as indirect acts of furnishing alcohol, even when the minor is physically present. The sale and furnishing of alcohol to a minor is specifically stated as a Class A misdemeanor.
For bars and restaurants, Indiana has statewide requirements for the sale of alcohol. Outlined in Indiana Code 7.1, liquor sellers and servers are required to obtain a license from the state and to register at the county level as an alcohol server. Employees that will handle alcohol must be a minimum age of 18. Certain parts of the state also have local ordinances which may regulate alcohol sales and consumption. For example, while the Indiana minimum age to purchase alcohol at a restaurant bar is 21, customers can often be served beer and ale if they are with a parent or guardian of at least 21 years of age. Employees should be careful to ensure that parents do not hand drinks off to children to evade the regulations.
Legal Driving Age in Indiana
The minimum age for a provisional driver’s licence or learner’s permit is 16. Upon completing the applicable graduated driving requirements, they will earn their full driving licence. A licence is not required to drive farm equipment, however, in many areas, local ordinances may restrict farm equipment from city roads.
The government requires young drivers to participate in a licensing program called "Graduated Driver’s License." Instead of being awarded a full driver’s license once they turn 16 years old, the program provides young drivers with a three-phase step-wise process.
Phase one of the graduated program is a learner’s permit. For young drivers, having a learner’s permit is like having a full driver’s license, except that a learner’s permit is only valid during the following hours: An exception applies to holders of a learner’s permit driving farm vehicles during the harvest season (from October 1 until May 15 unless a county sheriff issues a permit that allows otherwise).
A driver must meet the following requirements before being awarded a learner’s permit. The second phase is an intermediate driver’s licence, typically reached at the age of 16. Besides allowing the holder of a learner’s permit to drive alone, the government places restrictions on intermediate drivers: A full driver’s licence is given when the driver completes the intermediate stage.
Voting Age and Voter Registration in Indiana
Every citizen knows about their right to vote, but many are not aware they must be 18 years old before they can cast a vote in Indiana. Despite common perception, you do not have to wait until your birthday to register or vote.
The legal age for residents of Indiana to vote is 18. The only exception is if you are serving as a precinct or election official during the election. Otherwise, eligible voters must be 18 years old by Election Day to vote in the state.
Many young residents look forward to their first opportunity to vote. With this in mind, Indiana has programs to encourage first-time voters to register and make it as easy as possible for them to vote on Election Day.
It is understandable for first-time voters to be a bit confused about the voting process. Registration deadlines, polling places and statewide races versus local initiatives can all seem overwhelming. Some first-time voters may have a lot of questions about the process in general and how to properly register to vote.
Indiana promotes voter registration through automated systems and frequent public outreach.
Marriageable Age in Indiana
In Indiana, the legal age for marriage is 18 years old. However, couples under the age of 18 may still be able to marry with the approval of a parent or guardian, or a court. If one or both parties is not of legal age, they will need to provide a sworn, notarized application certificate, and a signed consent form filled out by a parent or legal guardian, or a court order granting permission to the marriage license clerk. Once the requirements are satisfied, the couple can then apply for a marriage license.
While Indiana has had fairly lax requirements for those under 18 seeking to marry, changes have been proposed in the past few years to make it easier to obtain exemptions for victims of sexual violence. In practice, Indiana requires permission from both parents, one who cannot consent because of physical or mental incapacity , incarceration or death, to approve a marriage license.
A proposal rejected by a House committee in February 2018 would have prevented a person under the age of 18 from marrying anyone if they are a victim of sexual offense carried out by the prospective spouse or parent – irrespective of the age of the individual.
Arguments in favor of the legislation – proposed in response to a report that five kids were married to men legally authorized to wed minors in Indiana – state that the proposals could also apply to those under 16 who are pregnant, those who have given birth, or have suffered a miscarriage. However, opponents of the proposal argue that it would not affect those aged 16 and 17, and that it would be too difficult to track all minors who are pregnant, had a miscarriage, or gave birth.
Minimum Legal Employment and Labor Age in Indiana
Businesses, employers, and parents should have an interest in the Labor Laws of Indiana, specifically those provisions related to employment of minors. Indiana law restricts employment of minors and intensive market research firms such as Mintel and A.C. Nielsen have plenty to say about the importance of young workers to businesses. Young workers can help decrease personnel costs and fill positions that older workers may not be interested in. At the same time, changing societal norms, the passage of federal and state laws, technological change, and changes in educational requirements have all increased concerns about the employment of minors.
The legal working age in Indiana is 14 years old. All Indiana employers hiring minors less than 18 years old are required to have work permits in their employment records. In Indiana, the Department of Labor is generally charged with the enforcement of the Wage and Hour Laws. Other state agencies regulate specific employment types or workplaces. However, any employer in the state is subject to a visit from Indiana State Inspectors who are responsible for ensuring compliance with all wage and hour laws and regulations including those governing child labor.
The Indiana Department of Workforce Development enforces The Youth Employment Program which governs the hours and types of work permitted for minors in Indiana. Minors are prohibited from working more than 8 hours a day, and not more than 30 hours a week. Minors are prohibited from working before 6 a.m. and after 10 p.m. on school days or after 1 a.m. on non-school days. No minor under 15 years of age may be employed, permitted, or suffered to work in any occupation, except:
If an employer employs five or fewer minors under 18 years of age in an occupation other than newspaper delivery, then no permit will be required.
No minor between the ages of sixteen and eighteen shall be employed, permitted, or suffered to work in any of the following occupations:
Minors fourteen and fifteen years of age may not be employed during school hours nor for more than six days a week nor more than three hours on a school day; nor more than eight hours on a non-school day, nor more than 40 hours in a week; nor before 7:00 a.m. nor after 7:00 p.m., except that on days preceding a non-school day, such minors may be employed until 9:00 p.m.
The minimum legal working age in Indiana is also affected by the FLSA. In Indiana, the FLSA and the Indiana minimum wage provisions both apply to the employment of 14 and 15 year old minors.
Although minors make up a small portion of the U.S. Work Force, their employment raises questions of significant legal importance. Both federal and state laws grant minors certain rights designed to protect them from hazardous occupations as well as certain limitations on work hours and pay. The presence of this under-regulated work force raises important issues for stakeholders in many sectors of the economy.
Gambling Legal Age Requirements in Indiana
Legal Age for Gambling in Indiana
Indiana law allows for both traditional and online gambling participation, though with specific legal age requirements. Fighting gambling and corruption, the Indiana Gaming Commission’s Office of Enforcement (IGE) is responsible for licensing jurisdictional casinos, racetracks, and online gaming. IGE is also charged with ensuring the enforcement of minimum age requirements for gambling in Indiana. The Indian Gaming Regulatory Act (IGRA) regulates minimum ages for federal and state-recognized Native American tribes’ online and in-person casino gambling operations. Online casinos in Indiana require players to be at least 21 years old. This law also applies to poker rooms and other online card game and betting rooms. With the minimum age requirement set at 21, daily fantasy sports sites and skill gaming competitions do not require verification of a gambling age set at 18 or 21. Anyone under 21 can volunteer with state-recognized gambling operations without issue, but they cannot deal cards, handle money , or otherwise participate. The minimum age to operate table games or slot machines while collecting tips is 21. The minimum age for playing slot machines in Indiana is 21. The Indiana Gaming Commission can revoke your gambling license to play on facilities like Horseshoe Casino if you play with someone under 21 or allow someone who is under 21 to play for you. Multiple offenses can prevent you from receiving a gambling license on any Indiana-based gambling facility, such as an online casino. Maintaining gambling age transparency is a priority for online casinos in Indiana. Gamblers must scan their driver’s licenses to create an account. The most popular online casinos and casinos where you can bet on sports are Indiana residents get to scan their ID for wagering. Slot machines accept an ID scan, verifying the player’s age. Fraud and exploitation are a significant concern for online casinos is that they serve minors. To limit those under 21 from trying to participate in online gambling by using a virtual private network (VPN), gamblers must provide identification or scan the ID.