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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29803
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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A person is arrested and charged with 2 felonies...sexual deviate

Customer Question

A person is arrested and charged with 2 felonies...sexual deviate conduct and sexual battery. A plea is in the making. What is "confinement" and possible sentence?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 years ago.
Hi Pamela,

Thank you for using Just Answer. Confinement is when a person is held in jail awaiting trial, usually because the court feels that he is a flight risk or a danger to society. Under Indiana Code 35-42-4, deviate conduct can be charged as either a class A or class B felony. The sentence would depend on which it is - if the defendant, for example, plead to a Class B felony, the sentence would be lower. Sexual battery can be a Class C or Class D felony. Again, the sentence would depend on what is charged, whether the defendant entered a guilty plea, or what facts the jury found at trial. It would also depend on whether the judge decided that the sentences should be served concurrently or consecutively. Here is the statute that explains how much time a person could serve for each type of felony.
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Customer: replied 7 years ago.

The plea bargain was called"confinement" and he pleaded guilty to that crime. In that context, what does confinement mean in one's sentencing?

Expert:  Lucy, Esq. replied 7 years ago.
Under Indiana law, "to confine" means "to substantially interfere with the liberty of a person." Indiana Code 35-42-3. Section 35-42-3-3 provides that the crime of criminal confinement occurs when a person who knowingly or intentionally:
(1) confines another person without the other person's consent; or
(2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
commits criminal confinement. Criminal confinement is usually a Class D felony.

However, it is a Class C felony if:
a) the person is under the age of 14 (and not the child of the offender)
b) the crime is committed using a vehicle, or
c)it results in bodily injury to a person other than the confining or removing person

Confinement is a Class B felony if the defendant is armed with a motor vehicle, results in serious bodily injury to someone other than the confining or removing person, or is committed using an aircraft.