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.