help my daughter

[davesgirl2305]

Indiana
My daughter turned 16 in October her boyfriend turns 14 in December, They ranaway together and were caught at his moms house. I went to court yesterday for her and they asked her were she slept, she answered honestly and said in his bed, they asked her if she had sex with him she again answered honestly and said yes, She is now being charged with Child Molestation class B Felony, I go to court next week and they said it can be turned over to Adult court, with 15-25 yrs inprisonment. I dont know what to do she has been in trouble once before for underage drinking thats it. I know she needs to learn a lesson but not this. She denied the Molestation charge. I am so confused both families knew of there relationship. She did not molest him. He tried to tell the court when he went and they would not hear it. PLEASE tell me this is a dream? my daughter is going to go to jail for 15yrs???
ANY ADVICE APPRECIATED.

 

[You Are Guilty]

First, get a good lawyer. Then get a better shrink.

 

[BelizeBreeze]

Something doesn't sound right here.

First, the prosecution would have to prove an act of sexual contact occurred.
Second, the prosecution must prove 'intent' to establish the molestation charge under Indiana statute.
IC § 35-42-4-3 (West Supp. 1995).
Although each subsection of the statute does not so state, criminal intent is an element of the crime of child molesting. Butcher v. State, 627 N.E.2d 855, 860 (Ind. Ct. App. 1994); Cardwell v. State, 516 N.E.2d 1083 (Ind. Ct. App. 1987), trans. denied. Accordingly, in situations where there clearly is no criminal intent, such as where very young children engage in innocent sexual play, an allegation of juvenile delinquency based upon such play would be inappropriate.

The entire statutory reference is here:
IC 35-42-4-3
Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits child molesting, a Class B felony. However, the offense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of age;
(2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Class C felony. However, the offense is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301, SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996, SEC.18; P.L.31-1998, SEC.5.