(b) A person at least eighteen (18) years of age who, with a child atleast fourteen (14) years of age but less than sixteen (16) years ofage, performs or submits to any fondling or touching, of either the childor the older person, with intent to arouse or to satisfy the sexualdesires of either the child or the older person, commits sexualmisconduct with a minor, a Class D felony.
However, the offense is: (2) a Class B felony if it is committed by using or threatening theuse of deadly force, while armed with a deadly weapon, or if thecommission of the offense is facilitated by furnishing the victim,without the victim's knowledge, with a drug (as defined in IC16-42-19-2 (1)) or a controlled substance (as defined in IC 35-48-1-9) orknowing that the victim was furnished with the drug or controlledsubstance without the victim's knowledge.
However, the age of consent is 18 years where the sexual activity "exploits" the young person when it involves prostitution, pornography or occurs in a relationship of authority, trust or dependency (e.g., with a teacher, coach or babysitter).
Sexual activity can also be considered exploitative based on the nature and circumstances of the relationship, e.g., the young person’s age, the age difference between the young person and their partner, how the relationship developed (quickly, secretly, or over the Internet) and how the partner may have controlled or influenced the young person.
(c) It is a defense that the accused person reasonably believed thatthe child was at least sixteen (16) years of age at the time of theconduct.