Sec. 133. (a) "Victim of child abuse or neglect", for purposes of IC 31-32-11-1 and IC 31-33 , refers to: (1) a child as described in: (A) IC 31-34-1-1 through IC 31-34-1-5 ; (B) IC 31-34-1-10 ; or (C) IC 31-34-1-11 ; regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court; or (2) an individual who: (A) is at least eighteen (18) years of age but less than twenty-one (21) years of age; (B) resides, or has previously resided, at a residential facility licensed by the department; and (C) is harmed or threatened with harm as a result of: (i) a battery offense included in IC 35-42-2 ; or (ii) sexual activity (as defined in IC 35-42-4-13 (b)); committed by a member of the staff at the residential facility. (b) The term does not include a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts. [Pre-1997 Recodification Citation: 31-6-11-2.1(9).]
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