Indiana court rules that sex with 16-year-olds is fine, but sexting them is not
Having sex with a 16-year-old in Indiana is legal but sending one nude photos isn’t, the Indiana Supreme Court ruled this week.
The court’s unanimous 5-0 ruling means that Sameer Thakar, a former teacher at North Central High School, will go on trial for allegedly sending a 16-year-old girl from Oregon a nude image of himself in 2014, The Indianapolis Star reported. If convicted, he could serve three years behind bars.
Thakar allegedly sent the photo to the girl after they discussed her age, and she told him she wished she were 18. He later confessed to police that he had a problem with chatting online.
Thakar’s charge — a felony count of disseminating matter harmful materials to a minor — was originally dismissed last year on the basis that the state’s dissemination statute was vague because the age of consent for sex in Indiana is 16, the paper reported. While an appeals court upheld the dismissal, the state’s top court disagreed.
The Supreme Court judges acknowledged that while the laws may seem inconsistent, there’s no conflict between them because it’s still possible to follow both simultaneously.
“The Dissemination Statute clearly protects minors under the age of 18 from the dissemination of matter harmful to them,” Justice Mark S. Massa wrote in the court’s decision.
“Whether this inconsistent statutory treatment of minors aged 16 and 17 is advisable with respect to sexually-related activity is a matter for the legislature, and whether Thakar’s alleged conduct violated the Dissemination Statute is a matter for the jury.”
Attempts by Democratic lawmakers Sen. Frank Mrvan and state Rep. Linda Lawson to raise the age of consent to 18 in Indiana failed.