Zionsville Child Seduction Attorney
Child seduction accusations can surface rapidly, intensify quickly, and result in repercussions that go well beyond incarceration, such as sex offender status and significant lifestyle limitations. They also tend to involve emotionally driven accusations, evidence, and high stakes. In these cases, it is important to get legal assistance from a Zionsville child seduction lawyer from The Criminal Defense Team as soon as possible.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana-based criminal defense law firm serving clients in Zionsville and all over Boone County. We proudly represent clients in Hamilton County and the surrounding communities also.
Many of our cases are heard at the Boone County Courthouse, located at 100 N. Main Street, Lebanon, IN 46052. We can discuss your case and how to navigate through the Zionsville justice system. Our attorneys work as a team by assigning at least two criminal lawyers and a paralegal to every serious case.
There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana, and five of the six work at The Criminal Defense Team.
We have over 100 years of combined experience and focus on helping clients facing felony charges. We also have a former prosecutor on our team who focused on serious felonies and homicide investigations. We can work with you to help you understand how the state will build its evidence against you and approach the trial. We believe in high-touch service and a 24/7 on-call rotation of lawyers.
Understanding Zionsville Child Seduction Laws
Indiana’s child seduction law is Indiana Code § 35-42-4-7. The law can be applied if an adult, 18 or older, in a position of authority over a minor under 18, engages in specific sexual acts with that child. The big difference between child seduction and other Indiana sex crime statutes is age. Child seduction cases often hinge on the dynamics of influence.
Child seduction laws are typically aimed at adults who are meant to protect, supervise, educate, or mentor minors. They make it illegal to engage in sexual activity when your role with that minor could impact their decisions, safety, or well-being.
In the US, at least one in four girls and one in twenty males had been sexually abused as children. The perpetrator of almost 90% of child sexual abuse is someone the kid or family members know and trust.
What Makes Child Seduction Charges Different
Child seduction allegations are easily mixed up with other sex crimes, such as child molestation and sexual misconduct. While it’s true that these charges can overlap depending on the circumstances, Indiana has built different statutes to address different age groups, criminal conduct, and relationships.
Sometimes prosecutors will file both sex offenses at the same time. At other times, the prosecution might simply charge child seduction but frame the accusations in a way that aligns with the elements of a different sex crime. The statute helps determine the potential penalties and felony level.
What Must Be Proven in These Cases
The elements of child seduction are outlined in the statute itself, but to get a conviction, prosecutors will generally need to prove the following:
- The accused was 18 years old or older
- The alleged victim was a minor, under the age of 18
- The defendant was in a position of authority, trust, or supervision with your alleged victim
- The alleged sexual act itself, as the law defines it, or some form of touching intended to create sexual excitement
Relationships become crucial in child seduction cases. Your defense typically focuses on discrediting the state’s assertion that a qualifying position of trust exists between the defendant and the alleged victim.
Common Evidence Used in Child Seduction Investigations
No two child seduction investigations are exactly alike. However, these cases generally encompass multiple accusations, and almost invariably feature digital evidence. Common forms of evidence include:
- Text messages, DMs, emails, or phone call histories
- School, employment, or sports records
- Victim, defendant, or witness statements to police or investigators
- Statements from parents, coworkers, or friends
- Phone searches or social media downloads
Child seduction cases can produce massive amounts of digital evidence. This often leads the State to build its case theory around screenshots or message snippets. Having an experienced child seduction attorney review everything is vital.
Penalties and Consequences
Under Indiana law, child seduction is a felony offense. The felony level can vary based on what type of sexual conduct is alleged, as well as the age of the victim. If convicted of child seduction, a person can face prison time, probation, and large fines. A person can also face a sex offender registry, which can place restrictions on where a person can live or work.
In addition to these penalties, this can also result in reputational damage, whether or not a person is convicted.
Defenses in Child Seduction Cases
Building a solid defense in these cases starts with gathering all the facts. Your available defenses vary by circumstance but almost always include arguments that the prosecutor cannot prove each element of the offense. Due to the sensitive nature of the accusations, it’s common for the prosecution’s case to rely on one party’s word against the defendant. When this happens, depositions and reviewing documents become even more critical.
Because these cases can be extremely nuanced, it’s extremely important to have someone reviewing the police report and evidence who knows how to identify weaknesses in a case.
Hire a Child Seduction Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist.
Deciding to hire a child seduction lawyer when you’re under investigation or charged with child seduction can change the outcome of your case. During an investigation, there is digital evidence to preserve, witnesses to interview, and forensic exams to challenge. Delaying contact with an attorney gives the prosecution an advantage in building its case.
Our defense team begins preparing for trial as soon as you hire us. While the prosecutor is trying to strengthen their case, we work to identify weaknesses.
Contact The Criminal Defense Team Today
When you are accused of child seduction in Zionsville or anywhere in Boone County, do not hesitate to seek legal representation. Child seduction charges are serious, complicated matters that are typically prosecuted based upon evidence that must be attacked immediately.
There are only six Board-Certified* Criminal Trial Specialists in the entire State of Indiana. Five of them work at The Criminal Defense Team. If you have been accused of child seduction, The Criminal Defense Team can help. Contact us today for a consultation.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.