Romeo and Juliet Law in Indiana

Key Takeaways

• Indiana’s Romeo and Juliet law is a statutory defense, not a standalone protection.
• The age of consent in Indiana is 16; conduct involving anyone younger may result in criminal charges.
• The defense requires the defendant to be under 21 and no more than four years older than the younger party.
• Force, coercion, drugs, or a position of authority over the younger person eliminates eligibility entirely.
• Sexual misconduct with a minor is a Level 5 felony carrying up to six years in prison and $10,000 in fines.

A sex crime charge in Indiana carries consequences that follow a person for life: felony convictions, mandatory registration as a sex offender, and the lasting weight of a public record. When those charges arise from a relationship between young people close in age, Indiana law provides a narrow but meaningful defense. At Banks & Brower our team of Indianapolis Sex Crime Lawyers and Indianapolis criminal defense attorneys  represent individuals facing sex crime allegations across Indiana, including cases where the Romeo and Juliet law may apply. Understanding how this defense works and where its limits lie is the first step toward evaluating any legal options available in a given case.

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What Is the Romeo and Juliet Law in Indiana?

Indiana’s Romeo and Juliet law is a statutory defense that protects individuals in consensual relationships from criminal charges when both parties are close in age, and the relationship meets specific legal criteria established under Indiana Code §35-42-4-9. The defense exists because Indiana law recognizes a meaningful difference between consensual peer relationships and exploitative conduct. Before this provision existed, a high school student could face a felony charge for sexual activity with a classmate that was entirely consensual. The statute does not operate as a standalone protection; it functions as a defense to a specific charge, and defendants must meet every listed condition to rely on it.

What Is the Age of Consent in Indiana?

Indiana sets the age of consent at 16. Any person under 16 cannot legally consent to sexual activity under state law, and an adult who engages in sexual conduct with someone younger than 16 may face criminal charges regardless of perceived mutual agreement.

The age of the defendant also shapes the severity of those charges. Indiana law treats conduct involving victims between 14 and 15 differently from conduct involving victims 13 and under, one of several distinctions that run through the most commonly charged sex crimes in Indiana. Defendants between 18 and 20 often face different sentencing exposure than defendants who are 21 or older. Age on both sides of the relationship is the primary variable that determines how seriously a case is charged and how harshly it may be sentenced. These distinctions matter from the moment charges are filed, and they directly affect whether the Romeo and Juliet defense is even available in a given case.

When Does Indiana’s Close-in-Age Exception Apply?

The Romeo and Juliet law in Indiana operates as an affirmative defense under Indiana Code §35-42-4-9(e). To invoke it successfully, every one of the following conditions must be satisfied:

• The defendant is no more than four years older than the younger party
• The defendant is under 21 years of age
• The relationship was a dating relationship or an ongoing personal relationship, not a family relationship
• No force, threat of force, or deadly weapon was involved
• The victim did not sustain serious bodily injury
• The defendant did not hold a position of authority, trust, or substantial influence over the younger party
• No drugs or controlled substances were used to facilitate the sexual conduct
• The defendant has no prior sex offense convictions on record

Courts evaluate each element individually. The relationship must have existed before the sexual conduct occurred, and it must be genuine rather than a pretext constructed after the fact. Judges focus on credibility, documented relationship history, and whether any evidence suggests manipulation or coercion. A defendant who satisfies seven of these eight conditions does not qualify; the statute requires all of them. Meeting every condition is what separates a viable defense from a failed one, which is why early legal guidance matters before charges fully develop.

When Does the Romeo and Juliet Exception Not Apply?

Several circumstances disqualify a defendant from relying on the Romeo and Juliet law entirely.

Any use of force, threats, drugs, or alcohol eliminates the defense. A relationship that involves a teacher, coach, employer, or any other adult who holds authority over the younger person also falls outside the statute’s protection. Indiana courts have consistently applied this exclusion because the element of influence fundamentally changes the nature of the relationship, regardless of how the parties characterize it. A prior sex offense conviction on the defendant’s record removes eligibility as well. The statute is written to protect peer relationships, not to provide cover for individuals with a history of sexual offenses involving minors.

Any age gap greater than four years, or a defendant who is 21 or older at the time of the alleged offense, also renders the defense unavailable regardless of how genuine the relationship appeared. Each of these exclusions reflects a legislative judgment that certain circumstances carry too great a risk of harm to protect under a close-in-age exception.

What Are the Penalties for Violating Indiana Sex Crime Laws?

When the Romeo and Juliet exception does not apply, Indiana law imposes serious penalties. A person 18 or older who knowingly or intentionally engages in sexual conduct with a child under 16 commits sexual misconduct with a minor, classified as a Level 5 felony.

A Level 5 felony in Indiana carries a sentencing range of one to six years in prison and fines of up to $10,000. Depending on the circumstances, charges may be elevated to a Level 4 felony. A Level 4 felony carries a fixed sentencing range of two to twelve years, with an advisory sentence of six years and fines of up to $10,000. Beyond incarceration and fines, a conviction typically requires mandatory registration as a sex offender, a consequence that affects housing, employment, and every aspect of daily life long after any sentence is served. That lifetime sex offender registry can extend for years or, in some cases, permanently. The stakes are high enough that understanding every available defense, including the close-in-age exception, deserves immediate attention.

Banks & Brower attorneys have successfully used the Rome & Juliet statute to have cases dismissed or pled down in several instances.

Speak With an Indianapolis Sex Crimes Attorney

Sex crime charges in Indiana demand an immediate, thorough defense strategy. Whether the Romeo and Juliet law applies to a specific case or another defense fits the facts better, early legal guidance shapes what happens next. Banks & Brower represents people facing serious sex crime allegations across Indiana. Call us at (317) 870-0019 today to discuss the situation and learn what options may apply.