Indiana -- Age of Consent

coolteensites.net
[Cool Teen Sites]

INDIANA STUDENTS:  This is not a government sanctioned website.  

[EDITOR'S NOTE:  Age of Consent is a non-profit depository listing all of the world laws in one location.  We may no money from this site.  But here is what we are up against.

Subject: Violation of federal law
                        Dec. 5, 2001

        RE: Infringement of Intelenet Commission and the Indiana Criminal Justice Institute’s Trademarks and Copyrights by infringing website www.ageofconsent.com at www.ageofconsent.com/indiana.htm

Dear Sir or Madam:

The Intelenet Commission is a body corporate and politic of the State of Indiana (“Intelenet”) and is the owner of valuable intellectual property rights in the Access Indiana Service Mark (U.S. Registration No. 2,081,135), and The Access Indiana Information Network service mark (U.S. Registration No. 2,077,222) (“Intelenet Trademarks”), and other Indiana governmental agency copyrights and trademarks. Intelenet acts on behalf of Indiana state government and other agencies that have posted copyrighted information on the Access Indiana official web portal to state government information. Among these pages is an Indiana Criminal Justice Institute (CJI) site.

It has recently come to our attention that the website known as www.ageofconsent.com [209.235.236.138] for which you are the named administrative contact and registrant has intentionally copied, and is displaying without authorization, a copy of the trademark of the Indiana Criminal Justice Institute, taken from its own page, and has appropriated the name “Indiana Criminal Justice Institute” without authority.

This is an instance of “page-jacking”, by which web surfers looking for bona fide governmental information are unknowingly redirected from inoffensive Web sites to pages containing sexually explicit, adult-oriented material.

[In this instance, a student has mistaken your site for bona fide governmental information regarding Indiana statutory language.
]

Our investigation indicates that the site listed above is owned, operated, linked or has some affiliation with adult websites, and www.ageofconsent.com/indiana.htm contains code that redirects surfers to one or more pornographic sites.  [EDITOR:   Untrue.]

The unauthorized use and/or copying of the Indiana Criminal Justice Institute’s Trademark and name is in violation of the Indiana Criminal Justice Institute’s copyright and trademark rights under federal law (17 U.S.C. 501a; 15 U.S.C. 1125a). Intelenet has spent substantial time, effort, money and resources to develop and promote its Access Indiana and Access Indiana Information Network marks. Through their efforts and the proprietary copyrighted material and trademarks in the AI Website, Intelenet and CJI have established a favorable reputation and valuable goodwill in the community. In short, Intelenet and CJI have a very strong protectable interest in the copyrighted CJI Website, CJI’s name, its content, and its trademark.

The unauthorized copying of the Indiana Criminal Justice Institute trademark by your Infringing website and its links to pornographic sites is likely to cause confusion, mistake and deception as to the origin, source or sponsorship of the Infringing Websites. The public is likely to believe that there is some affiliation and/or connection between Intelenet or CJI and the pornographic sites linked to the Infringing Websites, causing substantial damage to Intelenet’s and CJI’s reputations. In fact, occasions of actual confusion between the Infringing Website and the AI Website have already occurred.. See Paddington Corp. v. Attiki Importers & Distribs., Inc., 996 F.2d 577, 27 U.S.P.Q. 2d 1189, 1195 (2d Cir. 1993) (“Where a second-comer acts in bad faith and intentionally copies a trademark or trade dress, a presumption arises that the copier has succeeded in causing confusion.”).

Further, the use of the CJI Trademark and name in the Infringing Website is likely to dilute that mark. Not only are the CJI Trademarks made less distinctive by this improper use of them, in addition, CJI’s reputation is severely tarnished by its association with graphic and explicit depictions of sexual activity. See Hasbro, Inc. v. Internet Entertainment Group, Ltd., 40 U.S.P.Q.2d 1479 (W.D. Wash. 1996) (dilution by tarnishment by “candyland.com” for Internet web site showing sexually explicit pictures); Toys “R” Us, Inc. v. Akkaoui, 40 U.S.P.Q.2d 1836 (N.D. Cal. 1996) (dilution by being tarnished by use of “adultsrus.com” as domain name for sale of adult sexual products); Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd., 467 F. Supp. 366, 201 U.S.P.Q. 740 (S.D.N.Y. 1979), aff’d, 604 F.2d, 203 U.S.P.Q. 161 (2d Cir. 1979) (actress sometimes attired in distinctive uniform of Dallas Cowboy Cheerleaders dilutes the reputation of plaintiff); Edgar Rice Burroughs, Inc. v. Manns Theaters, 195 U.S.P.Q. 159 (C.D. Cal. 1976) (use of mark TARZAN in X-rated film dilutes the mark). As the Second Circuit has observed: “The sine qua non of tarnishment is a finding that plaintiff’s mark will suffer negative associations through defendant’s use.” Hormel Foods Corp. v. Jim Henson Prods., 73 F.3d 497, 37 U.S.P.Q.2d 1516, 1523 (2d Cir. 1996). The misuse of the Intelenet Trademarks constitutes a violation of Intelenet’s and/or CJI’s rights under Federal Trademark Law, 15 U.S.C. Sections 1125(a) and 1125(c), as well as unfair competition and trademark infringement and/or dilution under state and common law.
Intelenet cannot allow the continued violation of its and CJI’s rights by the unauthorized use of CJI’s copyrighted site and name in connection with the Infringing Websites. Intelenet hereby demands that you take all available steps to immediately cease and desist all unauthorized reproduction, distribution or advertisement of the copyrighted Criminal Justice Institute trademark and use of the name Indiana Criminal Justice Institute.

Please note that: (i) damages recoverable by Intelenet for copyright infringement include profits attributable to the infringement (17 U.S.C. 5046); (ii) it is a criminal offense to infringe a copyright willfully for purposes of commercial advantage or private financial gain (17 U.S.C. 506a); and (iii) Intelenet reserves the right to notify appropriate law enforcement of this incident, as well as other governmental agencies (including but not limited to Clark County, Nevada, the Nevada Division of Investigation, the Federal Bureau of Investigation, and other appropriate authorities.)
Please provide to us by no later than the close of business ten (10) days from the date of this letter your written assurance that it will comply with this demand. If you believe you have received this letter in error, please include such a statement in your response. If you fail to comply with this request, Intelenet will take all steps necessary to fully protect and enforce its and CJI’s rights. We look forward to your timely response.
                        Sincerely,
                     
                        General Counsel for the
                        INTELENET COMMISSION

 

 

 

 


Indiana Code 35-42-4-5

Enacted 1984

Amended 1994

 

 IC 35-42-4-5 Sec. 5. (a) A person eighteen (18) years of age or older who 
knowingly or intentionally directs, aids, induces, or causes a child 
under the age of sixteen (16) to touch or fondle himself or another child 
under the age of sixteen (16) with intent to arouse or satisfy the sexual 
desires of a child or the older person commits vicarious sexual 
gratification, a Class D felony. However, the offense is a Class C 
felony if a child involved in the offense is under the age of fourteen 
(14), and it is a Class B felony if the offense is committed by using or 
threatening the use of deadly force, or while armed with a deadly 
weapon, and a Class A felony if it results in serious bodily injury. 
 (b) A person eighteen (18) years of age or older who knowingly or 
intentionally directs, aids, induces, or causes a child under the age 
of sixteen (16) to: 
(1) engage in sexual intercourse with another child under sixteen 
(16) years of age; 
(2) engage in sexual conduct with an animal other than a human being; 
or 
(3) engage in deviate sexual conduct with another person; 
with intent to arouse or satisfy the sexual desires of a child or the 
older person commits vicarious sexual gratification, a Class C 
felony. However, the offense is a Class B felony if any child involved in 
the offense is less than fourteen (14) years of age, and it is a Class A 
felony if the offense is committed by using or threatening the use of 
deadly force, or while armed with a deadly weapon, or if it results in 
serious bodily injury. 

Indiana Code 35-42-4-3

Enacted 1976

Amended 1994

 

 IC 35-42-4-3 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 it is committed by using or threatening the 
use of deadly force, or while armed with a deadly weapon, or if it results 
in serious bodily injury. 
 (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 it is committed by 
using or threatening the use of deadly force, or while armed with a 
deadly weapon. 
 (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. 

Indiana Code 35-42-4-6

Enacted 1984

Amended 1994

 

 IC 35-42-4-6 Sec. 6. A person eighteen (18) years of age or older who 
knowingly or intentionally solicits a child under fourteen (14) years 
of age to engage in: 
(1) sexual intercourse; 
(2) deviate sexual conduct; or 
(3) any fondling or touching intended to arouse or satisfy the sexual 
desires of either the child or the older person; 
commits child solicitation, a Class D felony. 

Indiana Code 35-42-4-9

Enacted 1994

Amended 1994

 

 IC 35-42-4-9 Sec. 9. (a) A person at least eighteen (18) years of age who, 
with a child at least fourteen (14) years of age but less than sixteen 
(16) years of age, performs or submits to sexual intercourse or deviate 
sexual conduct commits sexual misconduct with a minor, a Class C 
felony. However, the offense is a Class A felony if it is committed by 
using or threatening the use of deadly force, or while armed with a 
deadly weapon, or if it results in serious bodily injury. 
 (b) A person at least eighteen (18) years of age who, with a child at least 
fourteen (14) years of age but less than sixteen (16) 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 sexual misconduct with 
a minor, a Class D felony. However, the offense is a Class B felony if it is 
committed by using or threatening the use of deadly force or while armed 
with a deadly weapon. 
 (c) It is a defense that the accused person reasonably believed that the 
child was at least sixteen (16) years of age at the time of the conduct. 
 (d) It is a defense that the child is or has ever been married. 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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