IC T. 35, Art. 41, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 41, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions

Chapter 1. Jurisdiction and Definitions


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-0.1 Application of certain amendments


Sec. 0.1. The addition of section 5.5 of this chapter by P.L.80-2008 applies only to persons convicted after June 30, 2008.



CREDIT(S)


As added by P.L.220-2011, SEC.590. Amended by P.L.63-2012, SEC.44.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-1


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-1 Jurisdiction


Sec. 1. (a) As used in this section, “Indiana” includes:


(1) the area within the boundaries of the state of Indiana, as set forth in Article 14, Section 1 of the Constitution of the State of Indiana;


(2) the portion of the Ohio River on which Indiana possesses concurrent jurisdiction with the state of Kentucky under Article 14, Section 2 of the Constitution of the State of Indiana; and


(3) the portion of the Wabash River on which Indiana possesses concurrent jurisdiction with the state of Illinois under Article 14, Section 2 of the Constitution of the State of Indiana.


(b) A person may be convicted under Indiana law of an offense if:


(1) either the conduct that is an element of the offense, the result that is an element, or both, occur in Indiana;


(2) conduct occurring outside Indiana is sufficient under Indiana law to constitute an attempt to commit an offense in Indiana;


(3) conduct occurring outside Indiana is sufficient under Indiana law to constitute a conspiracy to commit an offense in Indiana, and an overt act in furtherance of the conspiracy occurs in Indiana;


(4) conduct occurring in Indiana establishes complicity in the commission of, or an attempt or conspiracy to commit, an offense in another jurisdiction that also is an offense under Indiana law;


(5) the offense consists of the omission to perform a duty imposed by Indiana law with respect to domicile, residence, or a relationship to a person, thing, or transaction in Indiana;


(6) conduct that is an element of the offense or the result of conduct that is an element of the offense, or both, involve the use of the Internet or another computer network (as defined in IC 35-43-2-3) and access to the Internet or other computer network occurs in Indiana; or


(7) conduct:


(A) involves the use of:


(i) the Internet or another computer network (as defined in IC 35-43-2-3); or


(ii) another form of electronic communication;


(B) occurs outside Indiana and the victim of the offense resides in Indiana at the time of the offense; and


(C) is sufficient under Indiana law to constitute an offense in Indiana.


(c) When the offense is homicide, either the death of the victim or bodily impact causing death constitutes a result under subsection (b)(1). If the body of a homicide victim is found in Indiana, it is presumed that the result occurred in Indiana.


(d) If the offense is identity deception or synthetic identity deception, the lack of the victim's consent constitutes conduct that is an element of the offense under subsection (b)(1). If a victim of identity deception or synthetic identity deception resides in Indiana when a person knowingly or intentionally obtains, possesses, transfers, or uses the victim's identifying information, it is presumed that the conduct that is the lack of the victim's consent occurred in Indiana.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.1; P.L.295-1995, SEC.1; P.L.115-2005, SEC.3; P.L.125-2006, SEC.8; P.L.137-2009, SEC.12.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-2 Repealed


(Repealed by P.L.311-1983, SEC.49.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3 Repealed by P.L.114-2012, SEC.80, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3.1


Effective: March 12, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.1 Repealed


(Repealed by P.L.1-2010, SEC.156, eff. March 12, 2010.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3.2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.2 Repealed by P.L.114-2012, SEC.81, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3.3


Effective: March 12, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.3 Repealed


(Repealed by P.L.1-2010, SEC.156, eff. March 12, 2010.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3.4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.4 to 35-41-1-4.4 Repealed by P.L.114-2012, SECS.82 to 86, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-3.4

35-31.5-2-20

35-41-1-3.5

35-31.5-2-16.5

35-41-1-4

35-31.5-2-29

35-41-1-4.3

35-31.5-2-31

35-41-1-4.4

35-31.5-2-51

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-3.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.4 to 35-41-1-4.4 Repealed by P.L.114-2012, SECS.82 to 86, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-3.4

35-31.5-2-20

35-41-1-3.5

35-31.5-2-16.5

35-41-1-4

35-31.5-2-29

35-41-1-4.3

35-31.5-2-31

35-41-1-4.4

35-31.5-2-51

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.4 to 35-41-1-4.4 Repealed by P.L.114-2012, SECS.82 to 86, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-3.4

35-31.5-2-20

35-41-1-3.5

35-31.5-2-16.5

35-41-1-4

35-31.5-2-29

35-41-1-4.3

35-31.5-2-31

35-41-1-4.4

35-31.5-2-51

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.4 to 35-41-1-4.4 Repealed by P.L.114-2012, SECS.82 to 86, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-3.4

35-31.5-2-20

35-41-1-3.5

35-31.5-2-16.5

35-41-1-4

35-31.5-2-29

35-41-1-4.3

35-31.5-2-31

35-41-1-4.4

35-31.5-2-51

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4.4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-3.4 to 35-41-1-4.4 Repealed by P.L.114-2012, SECS.82 to 86, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-3.4

35-31.5-2-20

35-41-1-3.5

35-31.5-2-16.5

35-41-1-4

35-31.5-2-29

35-41-1-4.3

35-31.5-2-31

35-41-1-4.4

35-31.5-2-51

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.5 Repealed


(Repealed by P.L.9-1990, SEC.17.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4.6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-4.7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-5.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-6.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-6.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-6.6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-8.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-9


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-4.6 to 35-41-1-10.6 Repealed by P.L.114-2012, SECS.87 to 102, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-4.6

35-31.5-2-50

35-41-1-4.7

35-31.5-2-49

35-41-1-5

35-31.5-2-71

35-41-1-5.5

35-31.5-2-72

35-41-1-6

35-31.5-2-75

35-41-1-6.3

35-31.5-2-78

35-41-1-6.5

35-31.5-2-76

35-41-1-6.6

35-31.5-2-83

35-41-1-7

35-31.5-2-85

35-41-1-8

35-31.5-2-86

35-41-1-8.5

35-31.5-2-92

35-41-1-9

35-31.5-2-94

35-41-1-10

35-31.5-2-107

35-41-1-10.3

35-31.5-2-109

35-41-1-10.5

35-31.5-2-127

35-41-1-10.6

35-31.5-2-128

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.7 Repealed


(Repealed by P.L.1-2003, SEC.106.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.7 Repealed


(Repealed by P.L.1-2003, SEC.106.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-10.8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-11


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-12


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-12.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-13


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-14


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-15


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-16


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-16.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-17


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-18


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-18.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-18.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-19


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-19.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-19.4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-20


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-21


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-22


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-23


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-23.7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-24


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-24.2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-24.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-24.7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-24.8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-25


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-26


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-26.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-26.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-10.8 to 35-41-1-26.5 Repealed by P.L.114-2012, SECS.103 to 132, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-10.8

35-31.5-2-137

35-41-1-11

35-31.5-2-138

35-41-1-12

35-31.5-2-144

35-41-1-12.3

35-31.5-2-146

35-41-1-13

35-31.5-2-149

35-41-1-14

35-31.5-2-160

35-41-1-15

35-31.5-2-166

35-41-1-16

35-31.5-2-168

35-41-1-16.5

35-31.5-2-179

35-41-1-17

35-31.5-2-185

35-41-1-18

35-31.5-2-186

35-41-1-18.3

35-31.5-2-190

35-41-1-18.5

35-31.5-2-207

35-41-1-19

35-31.5-2-215

35-41-1-19.3

35-31.5-2-216

35-41-1-19.4

35-31.5-2-217

35-41-1-20

35-31.5-2-218

35-41-1-21

35-31.5-2-232

35-41-1-22

35-31.5-2-234

35-41-1-23

35-31.5-2-253

35-41-1-23.7

35-31.5-2-258

35-41-1-24

35-31.5-2-261

35-41-1-24.2

35-31.5-2-281

35-41-1-24.3

35-31.5-2-283

35-41-1-24.7

35-31.5-2-285

35-41-1-24.8

35-31.5-2-287

35-41-1-25

35-31.5-2-292

35-41-1-26

35-31.5-2-302

35-41-1-26.3

35-31.5-2-321

35-41-1-26.5

35-31.5-2-329

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-26.8


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-26.8 Repealed


(Repealed by P.L.105-2010, SEC.18.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-27


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-27 to 35-41-1-29.4 Repealed by P.L.114-2012, SECS.133 TO 136, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-27

35-31.5-2-345

35-41-1-28

35-31.5-2-346

35-41-1-29

35-31.5-2-357

35-41-1-29.4

35-31.5-2-354

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-28


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-27 to 35-41-1-29.4 Repealed by P.L.114-2012, SECS.133 TO 136, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-27

35-31.5-2-345

35-41-1-28

35-31.5-2-346

35-41-1-29

35-31.5-2-357

35-41-1-29.4

35-31.5-2-354

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-29


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-27 to 35-41-1-29.4 Repealed by P.L.114-2012, SECS.133 TO 136, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-27

35-31.5-2-345

35-41-1-28

35-31.5-2-346

35-41-1-29

35-31.5-2-357

35-41-1-29.4

35-31.5-2-354

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-1-29.4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 1. Jurisdiction and Definitions (Refs & Annos)

35-41-1-27 to 35-41-1-29.4 Repealed by P.L.114-2012, SECS.133 TO 136, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-41-1-27

35-31.5-2-345

35-41-1-28

35-31.5-2-346

35-41-1-29

35-31.5-2-357

35-41-1-29.4

35-31.5-2-354

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-2-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-1 Voluntary conduct


Sec. 1. (a) A person commits an offense only if he voluntarily engages in conduct in violation of the statute defining the offense. However, a person who omits to perform an act commits an offense only if he has a statutory, common law, or contractual duty to perform the act.


(b) If possession of property constitutes any part of the prohibited conduct, it is a defense that the person who possessed the property was not aware of his possession for a time sufficient for him to have terminated his possession.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-2-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-2 Culpability


Sec. 2. (a) A person engages in conduct “intentionally” if, when he engages in the conduct, it is his conscious objective to do so.


(b) A person engages in conduct “knowingly” if, when he engages in the conduct, he is aware of a high probability that he is doing so.


(c) A person engages in conduct “recklessly” if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.


(d) Unless the statute defining the offense provides otherwise, if a kind of culpability is required for commission of an offense, it is required with respect to every material element of the prohibited conduct.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-2-3


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-3 Liability of corporation, limited liability company, partnership, or unincorporated association


Sec. 3. (a) A corporation, limited liability company, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within the scope of his authority.


(b) Recovery of a fine, costs (including fees), or forfeiture from a corporation, limited liability company, partnership, or unincorporated association is limited to the property of the corporation, limited liability company, partnership, or unincorporated association.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.5. Amended by P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-2-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-4 Aiding, inducing or causing an offense


Sec. 4. A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense, even if the other person:


(1) has not been prosecuted for the offense;


(2) has not been convicted of the offense; or


(3) has been acquitted of the offense.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 2. Basis of Criminal Liability

35-41-2-5 Intoxication


Sec. 5. Intoxication is not a defense in a prosecution for an offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant meets the requirements of IC 35-41-3-5.



CREDIT(S)


As added by P.L.210-1997, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 41, Ch. 3, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions

Chapter 3. Defenses Relating to Culpability


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-1 Legal authority


Sec. 1. A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.7.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-2


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-2 Use of force to protect person or property


Sec. 2. (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant. By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime. The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.


(b) As used in this section, “public servant” means a person described in IC 35-31.5-2-129 or IC 35-31.5-2-185.


(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:


(1) is justified in using deadly force; and


(2) does not have a duty to retreat;


if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.


(d) A person:


(1) is justified in using reasonable force, including deadly force, against any other person; and


(2) does not have a duty to retreat;


if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.


(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:


(1) is justified in using deadly force; and


(2) does not have a duty to retreat;


only if that force is justified under subsection (c).


(f) A person is justified in using reasonable force, including deadly force, against any other person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:


(1) on the ground in Indiana:


(A) after the doors of the aircraft are closed for takeoff; and


(B) until the aircraft takes off;


(2) in the airspace above Indiana; or


(3) on the ground in Indiana:


(A) after the aircraft lands; and


(B) before the doors of the aircraft are opened after landing.


(g) Notwithstanding subsections (c) through (e), a person is not justified in using force if:


(1) the person is committing or is escaping after the commission of a crime;


(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or


(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.


(h) Notwithstanding subsection (f), a person is not justified in using force if the person:


(1) is committing, or is escaping after the commission of, a crime;


(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or


(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.


(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:


(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;


(2) prevent or terminate the public servant's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle; or


(3) prevent or terminate the public servant's unlawful trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.


(j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:


(1) the person is committing or is escaping after the commission of a crime;


(2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;


(3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or


(4) the person reasonably believes the public servant is:


(A) acting lawfully; or


(B) engaged in the lawful execution of the public servant's official duties.


(k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:


(1) the person reasonably believes that the public servant is:


(A) acting unlawfully; or


(B) not engaged in the execution of the public servant's official duties; and


(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1; P.L.161-2012, SEC.1, eff. March 20, 2012; P.L.13-2013, SEC.139, eff. April 1, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-3 Use of force relating to arrest or escape


Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:


(1) a felony has been committed; and


(2) there is probable cause to believe the other person committed that felony.


However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.


(b) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:


(1) has probable cause to believe that that deadly force is necessary:


(A) to prevent the commission of a forcible felony; or


(B) to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and


(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.


(c) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.


(d) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:


(1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and


(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.


(e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.


(f) Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-4 Repealed


(Repealed by Acts 1977, P.L.340, SEC.148.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-5 Intoxication


Sec. 5. It is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body:


(1) without his consent; or


(2) when he did not know that the substance might cause intoxication.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.10; Acts 1980, P.L.205, SEC.1; P.L.210-1997, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-6 Mental disease or defect


Sec. 6. (a) A person is not responsible for having engaged in prohibited conduct if, as a result of mental disease or defect, he was unable to appreciate the wrongfulness of the conduct at the time of the offense.


(b) As used in this section, “mental disease or defect” means a severely abnormal mental condition that grossly and demonstrably impairs a person's perception, but the term does not include an abnormality manifested only by repeated unlawful or antisocial conduct.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.11; P.L.184-1984, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-7 Mistake of fact


Sec. 7. It is a defense that the person who engaged in the prohibited conduct was reasonably mistaken about a matter of fact, if the mistake negates the culpability required for commission of the offense.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.12.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-8 Duress


Sec. 8. (a) It is a defense that the person who engaged in the prohibited conduct was compelled to do so by threat of imminent serious bodily injury to himself or another person. With respect to offenses other than felonies, it is a defense that the person who engaged in the prohibited conduct was compelled to do so by force or threat of force. Compulsion under this section exists only if the force, threat, or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.


(b) This section does not apply to a person who:


(1) recklessly, knowingly, or intentionally placed himself in a situation in which it was foreseeable that he would be subjected to duress; or


(2) committed an offense against the person as defined in IC 35-42.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.13.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-9 Entrapment


Sec. 9. (a) It is a defense that:


(1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and


(2) the person was not predisposed to commit the offense.


(b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.14.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-10 Abandonment


Sec. 10. With respect to a charge under IC 35-41-2-4, IC 35-41-5-1, or IC 35-41-5-2, it is a defense that the person who engaged in the prohibited conduct voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.15.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-3-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-11 Mental disease or defect; use of justifiable reasonable force


Sec. 11. (a) As used in this section, “defendant” refers to an individual charged with any crime involving the use of force against a person.


(b) This section applies under the following circumstances when the defendant in a prosecution raises the issue that the defendant was at the time of the alleged crime suffering from the effects of battery as a result of the past course of conduct of the individual who is the victim of the alleged crime:


(1) The defendant raises the issue that the defendant was not responsible as a result of mental disease or defect under section 6 of this chapter, rendering the defendant unable to appreciate the wrongfulness of the conduct at the time of the crime.


(2) The defendant claims to have used justifiable reasonable force under section 2 of this chapter. The defendant has the burden of going forward to produce evidence from which a trier of fact could find support for the reasonableness of the defendant's belief in the imminence of the use of unlawful force or, when deadly force is employed, the imminence of serious bodily injury to the defendant or a third person or the commission of a forcible felony.


(c) If a defendant proposes to claim the use of justifiable reasonable force under subsection (b)(2), the defendant must file a written motion of that intent with the trial court not later than:


(1) twenty (20) days if the defendant is charged with a felony; or


(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;


before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before the commencement of the trial.


(d) The introduction of any expert testimony under this section shall be in accordance with the Indiana Rules of Evidence.



CREDIT(S)


As added by P.L.210-1997, SEC.5.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-0.1 Application of certain amendments


Sec. 0.1. The following amendments to this chapter apply as follows:


(1) The amendments made to section 2 of this chapter by P.L.309-1985 do not apply to violations occurring before April 9, 1985.


(2) The amendments made to section 2 of this chapter by P.L.48-2001 apply to all crimes regardless of whether the crime was committed before, on, or after July 1, 2001.


(3) The amendments made to section 2(f) of this chapter by P.L. 97-2004 do not apply to offenses committed under IC 35-42-4-3(c) and IC 35-42-4-3(d) as those provisions existed before the amendment of IC 35-42-4-3 by P.L.79-1994.



CREDIT(S)


As added by P.L.220-2011, SEC.591. Amended by P.L.63-2012, SEC.45.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-1 Standard of proof; insanity defense


Sec. 1. (a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.


(b) Notwithstanding subsection (a), the burden of proof is on the defendant to establish the defense of insanity (IC 35-41-3-6) by a preponderance of the evidence.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.16; Acts 1978, P.L.145, SEC.9.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-2


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-2 Periods of limitation


Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:


(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or


(2) within two (2) years after the commission of the offense, in the case of a misdemeanor.


(b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:


(1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or


(2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.


(c) A prosecution for a Class A felony may be commenced at any time.


(d) A prosecution for murder may be commenced:


(1) at any time; and


(2) regardless of the amount of time that passes between:


(A) the date a person allegedly commits the elements of murder; and


(B) the date the alleged victim of the murder dies.


(e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:


(1) IC 35-42-4-3(a) (Child molesting).


(2) IC 35-42-4-5 (Vicarious sexual gratification).


(3) IC 35-42-4-6 (Child solicitation).


(4) IC 35-42-4-7 (Child seduction).


(5) IC 35-46-1-3 (Incest).


(f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.


(g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.


(h) The period within which a prosecution must be commenced does not include any period in which:


(1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;


(2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or


(3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.


(i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:


(1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.


(2) The date of issuance of a valid arrest warrant.


(3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.


(j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.


(k) The following apply to the specified offenses:


(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).


(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).


(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).


(l) A prosecution for an offense under IC 23-14-48-9 is barred unless commenced within five (5) years after the earlier of the date on which the state:


(1) first discovers evidence sufficient to charge the offender with the offense; or


(2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.17; P.L.309-1985, SEC.2; P.L.232-1993, SEC.3; P.L.9-2000, SEC.1; P.L.48-2001, SEC.1; P.L.1-2002, SEC.149; P.L.97-2004, SEC.124, eff. Mar. 16, 2004; P.L.6-2006, SEC.7, P.L.140-2006, SEC.30, and P.L.173-2006, SEC.30; P.L.143-2009, SEC.47.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-3 When prosecution barred for same offense


Sec. 3. (a) A prosecution is barred if there was a former prosecution of the defendant based on the same facts and for commission of the same offense and if:


(1) the former prosecution resulted in an acquittal or a conviction of the defendant (A conviction of an included offense constitutes an acquittal of the greater offense, even if the conviction is subsequently set aside.); or


(2) the former prosecution was terminated after the jury was impaneled and sworn or, in a trial by the court without a jury, after the first witness was sworn, unless (i) the defendant consented to the termination or waived, by motion to dismiss or otherwise, his right to object to the termination, (ii) it was physically impossible to proceed with the trial in conformity with law, (iii) there was a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law, (iv) prejudicial conduct, in or outside the courtroom, made it impossible to proceed with the trial without injustice to either the defendant or the state, (v) the jury was unable to agree on a verdict, or (vi) false statements of a juror on voir dire prevented a fair trial.


(b) If the prosecuting authority brought about any of the circumstances in subdivisions (a)(2)(i) through (a)(2)(vi) of this section, with intent to cause termination of the trial, another prosecution is barred.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.18.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-4 When prosecution barred for different offense


Sec. 4. (a) A prosecution is barred if all of the following exist:


(1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts.


(2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.


(3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution.


(b) A prosecution is not barred under this section if the offense on which it is based was not consummated when the trial under the former prosecution began.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.19.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-5 Former prosecution in another jurisdiction a bar


Sec. 5. In a case in which the alleged conduct constitutes an offense within the concurrent jurisdiction of Indiana and another jurisdiction, a former prosecution in any other jurisdiction is a bar to a subsequent prosecution for the same conduct in Indiana, if the former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.20.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-4-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 4. Standard of Proof and Bars to Prosecution

35-41-4-6 Invalid or fraudulently procured prosecution not a bar


Sec. 6. A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:


(1) it was before a court that lacked jurisdiction over the defendant or the offense;


(2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or


(3) it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.21.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-5-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 5. Offenses of General Applicability

35-41-5-1 Attempt


Sec. 1. (a) A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step toward commission of the crime. An attempt to commit a crime is a felony or misdemeanor of the same class as the crime attempted. However, an attempt to commit murder is a Class A felony.


(b) It is no defense that, because of a misapprehension of the circumstances, it would have been impossible for the accused person to commit the crime attempted.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.22.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 5. Offenses of General Applicability

35-41-5-2 Conspiracy


Sec. 2. (a) A person conspires to commit a felony when, with intent to commit the felony, he agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same class as the underlying felony. However, a conspiracy to commit murder is a Class A felony.


(b) The state must allege and prove that either the person or the person with whom he agreed performed an overt act in furtherance of the agreement.


(c) It is no defense that the person with whom the accused person is alleged to have conspired:


(1) has not been prosecuted;


(2) has not been convicted;


(3) has been acquitted;


(4) has been convicted of a different crime;


(5) cannot be prosecuted for any reason; or


(6) lacked the capacity to commit the crime.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-41-5-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 5. Offenses of General Applicability

35-41-5-3 Multiple convictions


Sec. 3. (a) A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.


(b) A person may not be convicted of both a crime and an attempt to commit the same crime.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.24.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 42, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-0.1 Repealed by P.L.63-2012, SEC.46, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-0.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-0.5 Abortions exempt


Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with:


(1) IC 16-34; or


(2) IC 35-1-58.5 (before its repeal).



CREDIT(S)


As added by P.L.261-1997, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-1


Effective: March 30, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-1 Murder


Sec. 1. A person who:


(1) knowingly or intentionally kills another human being;


(2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking;


(3) kills another human being while committing or attempting to commit:


(A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);


(B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1);


(C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);


(D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or


(E) dealing in a schedule V controlled substance; or


(4) knowingly or intentionally kills a fetus that has attained viability (as defined in IC 16-18-2-365);


commits murder, a felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230, eff. March 30, 2007.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-2 Causing suicide


Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Class B felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-2.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-2.5 Assisting suicide


Sec. 2.5. (a) This section does not apply to the following:


(1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.


(2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), or IC 30-5 (power of attorney).


(b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Class C felony:


(1) Provides the physical means by which the other person attempts or commits suicide.


(2) Participates in a physical act by which the other person attempts or commits suicide.



CREDIT(S)


As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994, SEC.167.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-3 Voluntary manslaughter


Sec. 3. (a) A person who knowingly or intentionally:


(1) kills another human being; or


(2) kills a fetus that has attained viability (as defined in IC 16-18-2-365);


while acting under sudden heat commits voluntary manslaughter, a Class B felony. However, the offense is a Class A felony if it is committed by means of a deadly weapon.


(b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-4


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-4 Involuntary manslaughter


Sec. 4. (a) As used in this section, “child care provider” means a person who provides child care in or on behalf of:


(1) a child care center (as defined in IC 12-7-2-28.4); or


(2) a child care home (as defined in IC 12-7-2-28.6);


regardless of whether the child care center or child care home is licensed.


(b) As used in this section, “fetus” means a fetus that has attained viability (as defined in IC 16-18-2-365).


(c) A person who kills another human being while committing or attempting to commit:


(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;


(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or


(3) battery;


commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.


(d) A person who kills a fetus while committing or attempting to commit:


(1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;


(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;


(3) battery; or


(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);


commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.


(e) If:


(1) a child care provider recklessly supervises a child; and


(2) the child dies as a result of the child care provider's reckless supervision;


the child care provider commits involuntary manslaughter, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-5 Reckless homicide


Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Class C felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-6


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-6 Feticide


Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Class B felony. This section does not apply to an abortion performed in compliance with:


(1) IC 16-34; or


(2) IC 35-1-58.5 (before its repeal).



CREDIT(S)


As added by Acts 1979, P.L.153, SEC.3. Amended by P.L.2-1995, SEC.126; P.L.40-2009, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-7 Transferring contaminated body fluids


Sec. 7. (a) As used in this section, “component” means plasma, platelets, or serum of a human being.


(b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood, a blood component, or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Class C felony.


(c) However, the offense is a Class A felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.


(d) This section does not apply to:


(1) a person who, for reasons of privacy, donates, sells, or transfers blood or a blood component at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood or blood component must be disposed of and may not be used for any purpose;


(2) a person who transfers blood, a blood component, semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or


(3) a person who is an autologous blood donor for stem cell transplantation.



CREDIT(S)


As added by P.L.123-1988, SEC.30. Amended by P.L.184-1989, SEC.27; P.L.2-1993, SEC.184; P.L.59-2012, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-8 Sale or distribution of HIV testing equipment


Sec. 8. (a) The sale or distribution of:


(1) diagnostic testing equipment or apparatus; or


(2) a blood collection kit;


intended for home use to diagnose or confirm human immunodeficiency virus (HIV) infection or disease is prohibited unless the testing equipment, apparatus, or kit has been approved for such use by the federal Food and Drug Administration.


(b) A person who violates this section commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.184-1989, SEC.28.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-1-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 1. Homicide (Refs & Annos)

35-42-1-9 Failure of carriers of dangerous communicable diseases to warn persons at risk


Sec. 9. (a) Except as provided in this section, a person who recklessly violates or fails to comply with IC 16-41-7 commits a Class B misdemeanor.


(b) A person who knowingly or intentionally violates or fails to comply with IC 16-41-7-1 commits a Class D felony.


(c) Each day a violation described in this section continues constitutes a separate offense.



CREDIT(S)


As added by P.L.31-1998, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-0.1 Repealed by P.L.63-2012, SEC.47, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-1 Battery


Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor. However, the offense is:


(1) a Class A misdemeanor if:


(A) it results in bodily injury to any other person;


(B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;


(C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;


(D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;


(E) it is committed against a community policing volunteer:


(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or


(ii) because the person is a community policing volunteer; or


(F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;


(2) a Class D felony if it results in bodily injury to:


(A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the officer's official duty;


(B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;


(C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;


(D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;


(E) an endangered adult (as defined in IC 12-10-3-2);


(F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;


(G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;


(H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;


(I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;


(J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;


(K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;


(L) a community policing volunteer:


(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or


(ii) because the person is a community policing volunteer;


(M) a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:


(i) is at least eighteen (18) years of age; and


(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or


(N) a department of child services employee while the employee is engaged in the execution of the employee's official duty;


(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;


(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;


(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;


(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);


(7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and


(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.


(b) For purposes of this section:


(1) “law enforcement officer” includes an alcoholic beverage enforcement officer; and


(2) “correctional professional” means a:


(A) probation officer;


(B) parole officer;


(C) community corrections worker; or


(D) home detention officer.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83, SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1; P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10; P.L.59-1995, SEC.2; P.L.31-1996, SEC.20 and P.L.32-1996, SEC.20; P.L.255-1996, SEC.25; P.L.37-1997, SEC.2; P.L.212-1997, SEC.1; P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1; P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3; P.L.2-2005, SEC.125, eff. April 25, 2005; P.L.99-2007, SEC.209, eff. May 2, 2007; P.L.164-2007, SEC.1; P.L.120-2008, SEC.93; P.L.131-2009, SEC.73; P.L.114-2012, SEC.137.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-1.3


Effective: February 22, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-1.3 Domestic battery


Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:


(1) is or was a spouse of the other person;


(2) is or was living as if a spouse of the other person as provided in subsection (c); or


(3) has a child in common with the other person;


in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.


(b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:


(1) has a previous, unrelated conviction:


(A) under this section (or IC 35-42-2-1(a)(2)(E) before that provision was removed by P.L.188-1999, SECTION 5); or


(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or


(2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.


(c) In considering whether a person is or was living as a spouse of another individual for purposes of subsection (a)(2), the court shall review:


(1) the duration of the relationship;


(2) the frequency of contact;


(3) the financial interdependence;


(4) whether the two (2) individuals are raising children together;


(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and


(6) other factors the court considers relevant.



CREDIT(S)


As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3; P.L.221-2003, SEC.18; P.L.129-2006, SEC.1; P.L.6-2012, SEC.225, eff. Feb. 22, 2012.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-1.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-1.5 Aggravated battery


Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:


(1) serious permanent disfigurement;


(2) protracted loss or impairment of the function of a bodily member or organ; or


(3) the loss of a fetus;


commits aggravated battery, a Class B felony.



CREDIT(S)


As added by P.L.213-1991, SEC.2. Amended by P.L.261-1997, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-2 Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation


Sec. 2. (a) As used in this section, “hazing” means forcing or requiring another person:


(1) with or without the consent of the other person; and


(2) as a condition of association with a group or organization;


to perform an act that creates a substantial risk of bodily injury.


(b) A person who recklessly, knowingly, or intentionally performs:


(1) an act that creates a substantial risk of bodily injury to another person; or


(2) hazing;


commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.


(c) The offense of criminal recklessness as defined in subsection (b) is:


(1) a Class A misdemeanor if the conduct includes the use of a vehicle;


(2) a Class D felony if:


(A) it is committed while armed with a deadly weapon; or


(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or


(3) a Class C felony if:


(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or


(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.


(d) A person who recklessly, knowingly, or intentionally:


(1) inflicts serious bodily injury on another person; or


(2) performs hazing that results in serious bodily injury to a person;


commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.


(e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:


(1) makes a report of hazing in good faith;


(2) participates in good faith in a judicial proceeding resulting from a report of hazing;


(3) employs a reporting or participating person described in subdivision (1) or (2); or


(4) supervises a reporting or participating person described in subdivision (1) or (2);


is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.


(f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.


(g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:


(1) an offense under this section; or


(2) a delinquent act that would be an offense under this section if the offender was an adult.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94, eff. April 2, 2003; P.L.75-2006, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-3 Provocation


Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable man to commit battery commits provocation, a Class C infraction.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.32.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-4 Obstruction of traffic


Sec. 4. (a) A person who recklessly, knowingly, or intentionally obstructs vehicular or pedestrian traffic commits obstruction of traffic, a Class B misdemeanor.


(b) The offense described in subsection (a) is:


(1) a Class A misdemeanor if the offense includes the use of a motor vehicle; and


(2) a Class D felony if the offense results in serious bodily injury.



CREDIT(S)


As added by P.L.92-1988, SEC.7.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-5 Overpass mischief


Sec. 5. (a) As used in this section, “overpass” means a bridge or other structure designed to carry vehicular or pedestrian traffic over any roadway, railroad track, or waterway.


(b) A person who knowingly, intentionally, or recklessly:


(1) drops, causes to drop, or throws an object from an overpass; or


(2) with intent that the object fall, places on an overpass an object that falls off the overpass;


causing bodily injury to another person commits overpass mischief, a Class C felony. However, the offense is a Class B felony if it results in serious bodily injury to another person.



CREDIT(S)


As added by P.L.297-1995, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-5.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-5.5 Railroad mischief


Sec. 5.5. A person who recklessly, knowingly, or intentionally:


(1) removes an appurtenance from a railroad signal system, resulting in damage or impairment of the operation of the railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal on a railroad owned, leased, or operated by a railroad carrier without consent of the railroad carrier involved;


(2) tampers with or obstructs a switch, a frog, a rail, a roadbed, a crosstie, a viaduct, a bridge, a trestle, a culvert, an embankment, a structure, or an appliance pertaining to or connected with a railroad carrier without consent of the railroad carrier involved; or


(3) steals, removes, alters, or interferes with a journal bearing, a brass, a waste, a packing, a triple valve, a pressure cock, a brake, an air hose, or another part of the operating mechanism of a locomotive, an engine, a tender, a coach, a car, a caboose, or a motor car used or capable of being used by a railroad carrier in Indiana without consent of the railroad carrier;


commits railroad mischief, a Class D felony. However, the offense is a Class C felony if it results in serious bodily injury to another person and a Class B felony if it results in the death of another person.



CREDIT(S)


As added by P.L.259-1999, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-6 Battery by body waste


Sec. 6. (a) As used in this section, “corrections officer” includes a person employed by:


(1) the department of correction;


(2) a law enforcement agency;


(3) a probation department;


(4) a county jail; or


(5) a circuit, superior, county, probate, city, or town court.


(b) As used in this section, “firefighter” means a person who is a:


(1) full-time, salaried firefighter;


(2) part-time, paid firefighter; or


(3) volunteer firefighter (as defined in IC 36-8-12-2).


(c) As used in this section, “emergency medical responder” means a person who:


(1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for emergency medical responder certification; and


(2) responds to an incident requiring emergency medical services.


(d) As used in this section, “human immunodeficiency virus (HIV)” includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.


(e) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer, firefighter, emergency medical responder, corrections officer, or department of child services employee, identified as such and while engaged in the performance of official duties, or coerces another person to place blood or another body fluid or waste on the law enforcement officer, firefighter, emergency medical responder, corrections officer, or department of child services employee, commits battery by body waste, a Class D felony. However, the offense is:


(1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:


(A) hepatitis B or hepatitis C;


(B) HIV; or


(C) tuberculosis;


(2) a Class B felony if:


(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or


(B) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and


(3) a Class A felony if:


(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with HIV; and


(B) the offense results in the transmission of HIV to the other person.


(f) A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine, or fecal waste on another person commits battery by body waste, a Class A misdemeanor. However, the offense is:


(1) a Class D felony if the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with:


(A) hepatitis B or hepatitis C;


(B) HIV; or


(C) tuberculosis;


(2) a Class C felony if:


(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or


(B) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and


(3) a Class B felony if:


(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with HIV; and


(B) the offense results in the transmission of HIV to the other person.



CREDIT(S)


As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002, SEC.1; P.L.85-2004, SEC.53; P.L.178-2007, SEC.3; P.L.131-2009, SEC.74; P.L.77-2012, SEC.62.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-7 Tattooing or body piercing a minor


Sec. 7. (a) As used in this section, “tattoo” means:


(1) any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or


(2) any design, letter, scroll, figure, or symbol done by scarring;


upon or under the skin.


(b) As used in this section, “body piercing” means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.


(c) Except as provided in subsection (e), a person who provides a tattoo to a person who is less than eighteen (18) years of age commits tattooing a minor, a Class A misdemeanor.


(d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional's practice. Except as provided in subsection (e), a person who performs body piercing upon a person who is less than eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.


(e) A person may provide a tattoo to a person who is less than eighteen (18) years of age or perform body piercing upon a person who is less than eighteen (18) years of age if a parent or legal guardian of the person receiving the tattoo or undergoing the body piercing:


(1) is present at the time the tattoo is provided or the body piercing is performed; and


(2) provides written permission for the person to receive the tattoo or undergo the body piercing.


(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or more restrictive than this section or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.



CREDIT(S)


As added by P.L.181-1997, SEC.3. Amended by P.L.166-1999, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-8 Obstruction of delivery of prescription drug


Sec. 8. (a) The following definitions apply throughout this section:


(1) “Health care provider” refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or IC 16-18-2-163(c)) or a qualified medication aide as described in IC 16-28-1-11.


(2) “Licensed health professional” has the meaning set forth in IC 25-23-1-27.1.


(3) “Practitioner” has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian.


(4) “Prescription drug” has the meaning set forth in IC 35-48-1-25.


(b) A person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:


(1) prescribed or ordered by a practitioner for a person who is a patient of the practitioner; and


(2) without the prescription or order of a practitioner;


commits interference with medical services, a Class A misdemeanor. However, the offense is a Class D felony if the offense results in bodily injury to the patient.


(c) However, an offense described in subsection (b) is:


(1) a Class C felony if it is committed by a person who is a licensed health care provider or licensed health professional;


(2) a Class B felony if it results in serious bodily injury to the patient; and


(3) a Class A felony if it results in the death of the patient.


(d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct was performed by:


(1) a health care provider or licensed health professional who acted in good faith within the scope of the person's practice or employment; or


(2) a person who was rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.



CREDIT(S)


As added by P.L.154-2001, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-2-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 2. Battery and Related Offenses

35-42-2-9 Strangulation


Sec. 9. (a) This section does not apply to a medical procedure.


(b) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:


(1) applies pressure to the throat or neck of another person; or


(2) obstructs the nose or mouth of the another person;


in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Class D felony.



CREDIT(S)


As added by P.L.129-2006, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3. Kidnapping and Confinement

35-42-3-0.1 Repealed by P.L.63-2012, SEC.48, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3. Kidnapping and Confinement

35-42-3-1 “Confine” defined


Sec. 1. As used in this chapter, “confine” means to substantially interfere with the liberty of a person.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.33.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3. Kidnapping and Confinement

35-42-3-2 Kidnapping


Sec. 2. (a) A person who knowingly or intentionally confines another person:


(1) with intent to obtain ransom;


(2) while hijacking a vehicle;


(3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or


(4) with intent to use the person confined as a shield or hostage;


commits kidnapping, a Class A felony.


(b) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another:


(1) with intent to obtain ransom;


(2) while hijacking a vehicle;


(3) with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention; or


(4) with intent to use the person removed as a shield or hostage;


commits kidnapping, a Class A felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.34; Acts 1978, P.L.144, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3. Kidnapping and Confinement

35-42-3-3 Criminal confinement


Sec. 3. (a) 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. Except as provided in subsection (b), the offense of criminal confinement is a Class D felony.


(b) The offense of criminal confinement defined in subsection (a) is:


(1) a Class C felony if:


(A) the person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child;


(B) it is committed by using a vehicle; or


(C) it results in bodily injury to a person other than the confining or removing person; and


(2) a Class B felony if it:


(A) is committed while armed with a deadly weapon;


(B) results in serious bodily injury to a person other than the confining or removing person; or


(C) is committed on an aircraft.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.35; Acts 1979, P.L.299, SEC.1; P.L.183-1984, SEC.2; P.L.278-1985, SEC.8; P.L.49-1989, SEC.21; P.L.59-2002, SEC.2; P.L.70-2006, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3-4


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3. Kidnapping and Confinement

35-42-3-4 Interference with custody


Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally:


(1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or


(2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;


commits interference with custody, a Class D felony. However, the offense is a Class C felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Class B felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.


(b) A person who with the intent to deprive another person of custody or parenting time rights:


(1) knowingly or intentionally takes;


(2) knowingly or intentionally detains; or


(3) knowingly or intentionally conceals;


a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.


(c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.


(d) The offenses described in this section continue as long as the child is concealed or detained or both.


(e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.


(g) [FN1]It is a defense to a prosecution under this section that the accused person:


(1) was threatened; or


(2) reasonably believed the child was threatened;


which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.



CREDIT(S)


As added by P.L.49-1989, SEC.22. Amended by P.L.162-1990, SEC.1; P.L.68-2005, SEC.60; P.L.164-2007, SEC.2.


[FN1] There is no Subsec. (f) in this section as it appears in the enrolled acts.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3.5-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3.5. Human and Sexual Trafficking

35-42-3.5-1 Promotion of human trafficking; sexual trafficking of a minor; human trafficking


Sec. 1. (a) A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors, or transports another person:


(1) to engage the other person in:


(A) forced labor; or


(B) involuntary servitude; or


(2) to force the other person into:


(A) marriage;


(B) prostitution; or


(C) participating in sexual conduct (as defined by IC 35-42-4-4);


commits promotion of human trafficking, a Class B felony.


(b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:


(1) engaging the child in:


(A) forced labor; or


(B) involuntary servitude; or


(2) inducing or causing the child to:


(A) engage in prostitution; or


(B) participate in sexual conduct (as defined by IC 35-42-4-4);


commits promotion of human trafficking of a minor, a Class B felony. Except as provided in subsection (e), it is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.


(c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct (as defined by IC 35-42-4-4) commits sexual trafficking of a minor, a Class A felony.


(d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into:


(1) forced labor;


(2) involuntary servitude; or


(3) prostitution;


commits human trafficking, a Class C felony.


(e) It is a defense to a prosecution under subsection (b)(2)(B) if:


(1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or


(2) all the following apply:


(A) The person is not more than four (4) years older than the victim.


(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term “ongoing personal relationship” does not include a family relationship.


(C) The crime:


(i) was not committed by a person who is at least twenty-one (21) years of age;


(ii) was not committed by using or threatening the use of deadly force;


(iii) was not committed while armed with a deadly weapon;


(iv) did not result in serious bodily injury;


(v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and


(vi) was not committed by a person having a position of authority or substantial influence over the victim.


(D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.



CREDIT(S)


As added by P.L.173-2006, SEC.52. Amended by P.L.1-2012, SEC.4, eff. Jan. 30, 2012; P.L.72-2012, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3.5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3.5. Human and Sexual Trafficking

35-42-3.5-2 Restitution to victim


Sec. 2. In addition to any sentence or fine imposed for a conviction of an offense under section 1 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime under IC 35-50-5-3.



CREDIT(S)


As added by P.L.173-2006, SEC.52.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3.5-3


Effective: July 1, 2010


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3.5. Human and Sexual Trafficking

35-42-3.5-3 Civil cause of action for victim; limitation


Sec. 3. (a) If a person is convicted of an offense under section 1 of this chapter, the victim of the offense:


(1) has a civil cause of action against the person convicted of the offense; and


(2) may recover the following from the person in the civil action:


(A) Actual damages.


(B) Court costs (including fees).


(C) Punitive damages, when determined to be appropriate by the court.


(D) Reasonable attorney's fees.


(b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under section 1 of this chapter.



CREDIT(S)


As added by P.L.173-2006, SEC.52. Amended by P.L.106-2010, SEC.15.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-3.5-4


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 3.5. Human and Sexual Trafficking

35-42-3.5-4 Treatment of alleged victim of offense; LEA Declaration; denial and reconsideration of LEA Declaration


Sec. 4. (a) An alleged victim of an offense under section 1 of this chapter:


(1) may not be detained in a facility that is inappropriate to the victim's status as a crime victim;


(2) may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and


(3) shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:


(A) taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and


(B) ensuring that the names and identifying information of the alleged victim and the victim's family members are not disclosed to the public.


This subsection shall be administered by law enforcement agencies and the Indiana criminal justice institute as appropriate.


(b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under section 1 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (LEA Declaration, Form I-914 Supplement B) in accordance with 8 CFR 214.11(f)(1). However, if the law enforcement agency finds that the grant of an LEA Declaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEA Declaration. After receiving a denial letter, the alleged victim may submit additional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the additional evidence.



CREDIT(S)


As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009, SEC.27.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 42, Ch. 4, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-0.1 Repealed by P.L.63-2012, SEC.49, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-1 Rape


Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when:


(1) the other person is compelled by force or imminent threat of force;


(2) the other person is unaware that the sexual intercourse is occurring; or


(3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given;


commits rape, a Class B felony.


(b) An offense described in subsection (a) is a Class A felony if:


(1) it is committed by using or threatening the use of deadly force;


(2) it is committed while armed with a deadly weapon;


(3) it results in serious bodily injury to a person other than a defendant; or


(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19; P.L.297-1989, SEC.1; P.L.31-1998, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-2 Criminal deviate conduct


Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:


(1) the other person is compelled by force or imminent threat of force;


(2) the other person is unaware that the conduct is occurring; or


(3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;


commits criminal deviate conduct, a Class B felony.


(b) An offense described in subsection (a) is a Class A felony if:


(1) it is committed by using or threatening the use of deadly force;


(2) it is committed while armed with a deadly weapon;


(3) it results in serious bodily injury to any person other than a defendant; or


(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3; P.L.31-1998, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-3


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-3 Child molesting


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:


(1) it is committed by a person at least twenty-one (21) years of age;


(2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;


(3) it results in serious bodily injury; or


(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.


(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:


(1) it is committed by using or threatening the use of deadly force;


(2) it is committed while armed with a deadly weapon; or


(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.


(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, unless:


(1) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;


(2) the offense results in serious bodily injury; or


(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301, SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996, SEC.18; P.L.31-1998, SEC.5; P.L.216-2007, SEC.42.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-4


Effective: May 7, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-4 Child exploitation; possession of child pornography; violation classification; exemption; definitions; defenses


Sec. 4. (a) The following definitions apply throughout this section:


(1) “Disseminate” means to transfer possession for free or for a consideration.


(2) “Matter” has the same meaning as in IC 35-49-1-3.


(3) “Performance” has the same meaning as in IC 35-49-1-7.


(4) “Sexual conduct” means:


(A) sexual intercourse;


(B) deviate sexual conduct;


(C) exhibition of the:


(i) uncovered genitals; or


(ii) female breast with less than a fully opaque covering of any part of the nipple;


intended to satisfy or arouse the sexual desires of any person;


(D) sadomasochistic abuse;


(E) sexual intercourse or deviate sexual conduct with an animal; or


(F) any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.


(b) A person who:


(1) knowingly or intentionally manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;


(2) knowingly or intentionally disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age;


(3) knowingly or intentionally makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age; or


(4) with the intent to satisfy or arouse the sexual desires of any person:


(A) knowingly or intentionally:


(i) manages;


(ii) produces;


(iii) sponsors;


(iv) presents;


(v) exhibits;


(vi) photographs;


(vii) films;


(viii) videotapes; or


(ix) creates a digitized image of;


any performance or incident that includes the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age;


(B) knowingly or intentionally:


(i) disseminates to another person;


(ii) exhibits to another person;


(iii) offers to disseminate or exhibit to another person; or


(iv) sends or brings into Indiana for dissemination or exhibition;


matter that depicts the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age; or


(C) makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age;


commits child exploitation, a Class C felony.


(c) A person who knowingly or intentionally possesses:


(1) a picture;


(2) a drawing;


(3) a photograph;


(4) a negative image;


(5) undeveloped film;


(6) a motion picture;


(7) a videotape;


(8) a digitized image; or


(9) any pictorial representation;


that depicts or describes sexual conduct by a child who the person knows is less than sixteen (16) years of age or who appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Class D felony.


(d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials is for legitimate scientific or educational purposes.


(e) It is a defense to a prosecution under this section that:


(1) the person is a school employee; and


(2) the acts constituting the elements of the offense were performed solely within the scope of the person's employment as a school employee.


(f) Except as provided in subsection (g), it is a defense to a prosecution under subsection (b) or (c) if all of the following apply:


(1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to possess, produce, or disseminate the image.


(2) The defendant is not more than four (4) years older or younger than the person who is depicted in the image or who received the image.


(3) The relationship between the defendant and the person who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term “ongoing personal relationship” does not include a family relationship.


(4) The crime was committed by a person less than twenty-two (22) years of age.


(5) The person receiving the image or who is depicted in the image acquiesced in the defendant's conduct.


(g) The defense to a prosecution described in subsection (f) does not apply if:


(1) the person who receives the image disseminates it to a person other than the person:


(A) who sent the image; or


(B) who is depicted in the image;


(2) the image is of a person other than the person who sent the image or received the image; or


(3) the dissemination of the image violates:


(A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);


(B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);


(C) a workplace violence restraining order issued under IC 34-26-6;


(D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;


(E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;


(F) a no contact order issued as a condition of probation;


(G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);


(H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;


(I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;


(J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);


(K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:


(i) tribe;


(ii) band;


(iii) pueblo;


(iv) nation; or


(v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);


that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;


(L) an order issued under IC 35-33-8-3.2; or


(M) an order issued under IC 35-38-1-30.



CREDIT(S)


As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983, SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995, SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2; P.L.216-2007, SEC.43; P.L.180-2011, SEC.3; P.L.6-2012, SEC.226, eff. Feb. 22, 2012; P.L.181-2013, SEC.1, eff. May 7, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-5 Vicarious sexual gratification; fondling in the presence of a minor


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:


(1) a Class C felony if a child involved in the offense is under the age of fourteen (14);


(2) a Class B felony if:


(A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; or


(B) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim' s knowledge; and


(3) 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, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.


(c) A person eighteen (18) years of age or older who knowingly or intentionally:


(1) engages in sexual intercourse;


(2) engages in deviate sexual conduct; or


(3) touches or fondles the person's own body;


in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, a Class D felony.



CREDIT(S)


As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994, SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-6


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-6 Child solicitation


Sec. 6. (a) As used in this section, “solicit” means to command, authorize, urge, incite, request, or advise an individual:


(1) in person;


(2) by telephone;


(3) in writing;


(4) by using a computer network (as defined in IC 35-43-2-3(a));


(5) by advertisement of any kind; or


(6) by any other means;


to perform an act described in subsection (b) or (c).


(b) A person eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be 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. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).


(c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) 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. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).


(d) In a prosecution under this section, including a prosecution for attempted solicitation, the state is not required to prove that the person solicited the child to engage in an act described in subsection (b) or (c) at some immediate time.



CREDIT(S)


As added by P.L.183-1984, SEC.5. Amended by P.L.11-1994, SEC.16; P.L.79-1994, SEC.14; P.L.216-1996, SEC.20; P.L.118-2002, SEC.2; P.L.124-2005, SEC.1; P.L.216-2007, SEC.44.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-7 Child seduction


Sec. 7. (a) As used in this section, “adoptive parent” has the meaning set forth in IC 31-9-2-6.


(b) As used in this section, “adoptive grandparent” means the parent of an adoptive parent.


(c) As used in this section, “charter school” has the meaning set forth in IC 20-18-2-2.5.


(d) As used in this section, “child care worker” means a person who:


(1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility;


(2) is employed by a:


(A) school corporation;


(B) charter school;


(C) nonpublic school; or


(D) special education cooperative;


attended by a child who is the victim of a crime under this chapter; or


(3) is:


(A) affiliated with a:


(i) school corporation;


(ii) charter school;


(iii) nonpublic school; or


(iv) special education cooperative;


attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;


(B) in a position of trust in relation to a child who attends the school or cooperative;


(C) engaged in the provision of care or supervision to a child who attends the school or cooperative; and


(D) at least four (4) years older than the child who is the victim of a crime under this chapter.


The term does not include a student who attends the school or cooperative.


(e) As used in this section, “custodian” means any person who resides with a child and is responsible for the child's welfare.


(f) As used in this section, “military recruiter” means a member of the armed forces of the United States (as defined in IC 20-33-10-2) or the Indiana National Guard whose primary job function, classification, or specialty is recruiting individuals to enlist with the armed forces of the United States or the Indiana National Guard.


(g) As used in this section, “nonpublic school” has the meaning set forth in IC 20-18-2-12.


(h) As used in this section, “school corporation” has the meaning set forth in IC 20-18-2-16.


(i) As used in this section, “special education cooperative” has the meaning set forth in IC 20-35-5-1.


(j) As used in this section, “stepparent” means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.


(k) If a person who:


(1) is at least eighteen (18) years of age; and


(2) is:


(A) the:


(i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or


(ii) child care worker for; or


(B) a military recruiter who is attempting to enlist;


a child at least sixteen (16) years of age but less than eighteen (18) years of age;


engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-31.5-2-94), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.



CREDIT(S)


As added by P.L.158-1987, SEC.4. Amended by P.L.1-1997, SEC.148; P.L.71-1998, SEC.5; P.L.228-2001, SEC.5; P.L.161-2003, SEC.10; P.L.1-2005, SEC.228; P.L.125-2009, SEC.7; P.L.114-2012, SEC.138.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-8 Sexual battery


Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:


(1) touches another person when that person is:


(A) compelled to submit to the touching by force or the imminent threat of force; or


(B) so mentally disabled or deficient that consent to the touching cannot be given; or


(2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;


commits sexual battery, a Class D felony.


(b) An offense described in subsection (a) is a Class C felony if:


(1) it is committed by using or threatening the use of deadly force;


(2) it is committed while armed with a deadly weapon; or


(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.



CREDIT(S)


As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7; P.L.72-2012, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-9


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-9 Sexual misconduct with a minor


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:


(1) a Class B felony if it is committed by a person at least twenty-one (21) years of age; and


(2) a Class A felony if it is committed by using or threatening the use of deadly force, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.


(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:


(1) a Class C felony if it is committed by a person at least twenty-one (21) years of age; and


(2) a Class B felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.


(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. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).


(d) It is a defense that the child is or has ever been married. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).


(e) It is a defense to a prosecution under this section if all the following apply:


(1) The person is not more than four (4) years older than the victim.


(2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term “ongoing personal relationship” does not include a family relationship.


(3) The crime:


(A) was not committed by a person who is at least twenty-one (21) years of age;


(B) was not committed by using or threatening the use of deadly force;


(C) was not committed while armed with a deadly weapon;


(D) did not result in serious bodily injury;


(E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and


(F) was not committed by a person having a position of authority or substantial influence over the victim.


(4) The person has not committed another sex offense (as defined in IC 11-8-8-5.2) (including a delinquent act that would be a sex offense if committed by an adult) against any other person.



CREDIT(S)


As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9 and P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1; P.L.216-2007, SEC.45.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-10


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-10 Unlawful employment near children by a sexual predator


Sec. 10. (a) As used in this section, “offender against children” means a person who is an offender against children under IC 35-42-4-11.


(b) As used in this section, “sexually violent predator” means a person who is a sexually violent predator under IC 35-38-1-7.5.


(c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:


(1) on school property;


(2) at a youth program center; or


(3) at a public park;


commits unlawful employment near children by a sexual predator, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction based on the person's failure to comply with any requirement imposed on an offender under IC 11-8-8.



CREDIT(S)


As added by P.L.6-2006, SEC. 3; P.L.140-2006, SEC.31, and P.L.173-2006, SEC.31. Amended by P.L.1-2007, SEC.231, eff. March 30, 2007; P.L.216-2007, SEC.46.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-11


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-11 Sex offender registry offense


Sec. 11. (a) As used in this section, and except as provided in subsection (d), “offender against children” means a person required to register as a sex or violent offender under IC 11-8-8 who has been:


(1) found to be a sexually violent predator under IC 35-38-1-7.5; or


(2) convicted of one (1) or more of the following offenses:


(A) Child molesting (IC 35-42-4-3).


(B) Child exploitation (IC 35-42-4-4(b)).


(C) Child solicitation (IC 35-42-4-6).


(D) Child seduction (IC 35-42-4-7).


(E) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age and the person is not the child's parent or guardian.


(F) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (E).


(G) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (F).


A person is an offender against children by operation of law if the person meets the conditions described in subdivision (1) or (2) at any time.


(b) As used in this section, “reside” means to spend more than three (3) nights in:


(1) a residence; or


(2) if the person does not reside in a residence, a particular location;


in any thirty (30) day period.


(c) An offender against children who knowingly or intentionally:


(1) resides within one thousand (1,000) feet of:


(A) school property, not including property of an institution providing post-secondary education;


(B) a youth program center; or


(C) a public park; or


(2) establishes a residence within one (1) mile of the residence of the victim of the offender's sex offense;


commits a sex offender residency offense, a Class D felony.


(d) This subsection does not apply to an offender against children who has two (2) or more unrelated convictions for an offense described in subsection (a). A person who is an offender against children may petition the court to consider whether the person should no longer be considered an offender against children. The person may file a petition under this subsection not earlier than ten (10) years after the person is released from incarceration, probation, or parole, whichever occurs last. A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered an offender against children. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered an offender against children. If a court finds that the person should no longer be considered an offender against children, the court shall send notice to the department of correction that the person is no longer considered an offender against children.



CREDIT(S)


As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32, and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47.


VALIDITY


<This section has been recognized as unconstitutional in the case of Ripps v. State, 2012 WL 1994858. >


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-12


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-12 Application of section; use of Internet social networking site or chat room program


Sec. 12. (a) This section does not apply to a person to whom all of the following apply:


(1) The person is not more than:


(A) four (4) years older than the victim if the offense was committed after June 30, 2007; or


(B) five (5) years older than the victim if the offense was committed before July 1, 2007.


(2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term “ongoing personal relationship” does not include a family relationship.


(3) The crime:


(A) was not committed by a person who is at least twenty-one (21) years of age;


(B) was not committed by using or threatening the use of deadly force;


(C) was not committed while armed with a deadly weapon;


(D) did not result in serious bodily injury;


(E) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and


(F) was not committed by a person having a position of authority or substantial influence over the victim.


(b) This section applies only to a person required to register as a sex or violent offender under IC 11-8-8 who has been:


(1) found to be a sexually violent predator under IC 35-38-1-7.5; or


(2) convicted of one (1) or more of the following offenses:


(A) Child molesting (IC 35-42-4-3).


(B) Child exploitation (IC 35-42-4-4(b)).


(C) Possession of child pornography (IC 35-42-4-4(c)).


(D) Vicarious sexual gratification (IC 35-42-4-5(a) or IC 35-42-4-5(b)).


(E) Sexual conduct in the presence of a minor (IC 35-42-4-5(c)).


(F) Child solicitation (IC 35-42-4-6).


(G) Child seduction (IC 35-42-4-7).


(H) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age and the person is not the child's parent or guardian.


(I) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (H).


(J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (H).


(c) As used in this section, “instant messaging or chat room program” means a software program that requires a person to register or create an account, a username, or a password to become a member or registered user of the program and allows two (2) or more members or authorized users to communicate over the Internet in real time using typed text. The term does not include an electronic mail program or message board program.


(d) As used in this section, “social networking web site” means an Internet web site that:


(1) facilitates the social introduction between two (2) or more persons;


(2) requires a person to register or create an account, a username, or a password to become a member of the web site and to communicate with other members;


(3) allows a member to create a web page or a personal profile; and


(4) provides a member with the opportunity to communicate with another person.


The term does not include an electronic mail program or message board program.


(e) A person described in subsection (b) who knowingly or intentionally uses:


(1) a social networking web site; or


(2) an instant messaging or chat room program;


that the offender knows allows a person who is less than eighteen (18) years of age to access or use the web site or program commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section.


(f) It is a defense to a prosecution under this section that the person:


(1) did not know that the web site or program allowed a person who is less than eighteen (18) years of age to access or use the web site or program; and


(2) upon discovering that the web site or program allows a person who is less than eighteen (18) years of age to access or use the web site or program, immediately ceased further use or access of the web site or program.



CREDIT(S)


As added by P.L.119-2008, SEC.18.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-4-13


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 4. Sex Crimes (Refs & Annos)

35-42-4-13 Application of section; communication with child concerning sexual activity


Sec. 13. (a) This section does not apply to the following:


(1) A parent, guardian, or custodian of a child.


(2) A person who acts with the permission of a child's parent, guardian, or custodian.


(3) A person to whom a child makes a report of abuse or neglect.


(4) A person to whom a child reports medical symptoms that relate to or may relate to sexual activity.


(b) As used in this section, “sexual activity” means sexual intercourse, deviate sexual conduct, or the fondling or touching of the buttocks, genitals, or female breasts.


(c) A person at least twenty-one (21) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)).



CREDIT(S)


As added by P.L.119-2008, SEC.19.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-5-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 5. Robbery

35-42-5-1 Robbery


Sec. 1. A person who knowingly or intentionally takes property from another person or from the presence of another person:


(1) by using or threatening the use of force on any person; or


(2) by putting any person in fear;


commits robbery, a Class C felony. However, the offense is a Class B felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Class A felony if it results in serious bodily injury to any person other than a defendant.



CREDIT(S)


As added by Acts 1977, P.L.340, SEC.39. Amended by Acts 1982, P.L.204, SEC.34; P.L.186-1984, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-42-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 42. Offenses Against the Person

Chapter 5. Robbery

35-42-5-2 Carjacking


Sec. 2. A person who knowingly or intentionally takes a motor vehicle from another person or from the presence of another person:


(1) by using or threatening the use of force on any person; or


(2) by putting any person in fear;


commits carjacking, a Class B felony.



CREDIT(S)


As added by P.L.230-1993, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 43, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-0.1 Repealed by P.L.63-2012, SEC.50, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-1 Arson


Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages:


(1) a dwelling of another person without the other person's consent;


(2) property of any person under circumstances that endanger human life;


(3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or


(4) a structure used for religious worship without the consent of the owner of the structure;


commits arson, a Class B felony. However, the offense is a Class A felony if it results in either bodily injury or serious bodily injury to any person other than a defendant.


(b) A person who commits arson for hire commits a Class B felony. However, the offense is a Class A felony if it results in bodily injury to any other person.


(c) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of any person with intent to defraud commits arson, a Class C felony.


(d) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of another person without the other person's consent so that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than five thousand dollars ($5,000) commits arson, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.40; Acts 1980, P.L.159, SEC.4; Acts 1981, P.L.302, SEC.1; Acts 1982, P.L.204, SEC.35; P.L.88-1999, SEC.1; P.L.123-2002, SEC.36.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-2


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-2 Criminal mischief; operator's permit or license


Sec. 2. (a) A person who:


(1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or


(2) knowingly or intentionally causes another to suffer pecuniary loss by deception or by an expression of intention to injure another person or to damage the property or to impair the rights of another person;


commits criminal mischief, a Class B misdemeanor. However, the offense is:


(A) a Class A misdemeanor if:


(i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500);


(ii) the property damaged was a moving motor vehicle;


(iii) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is not a sex or violent offender or was not required to register as a sex or violent offender;


(iv) the property damaged was a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;


(v) the property damaged was a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company;


(vi) the property damaged was any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; or


(vii) the property damage or defacement was caused by paint or other markings; and


(B) a Class D felony if:


(i) the pecuniary loss is at least two thousand five hundred dollars ($2, 500);


(ii) the damage causes a substantial interruption or impairment of utility service rendered to the public;


(iii) the damage is to a public record;


(iv) the property damaged contained data relating to a person required to register as a sex or violent offender under IC 11-8-8 and the person is a sex or violent offender or was required to register as a sex or violent offender;


(v) the damage causes substantial interruption or impairment of work conducted in a scientific research facility;


(vi) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5); or


(vii) the damage causes substantial interruption or impairment of work conducted in a food processing facility.


(b) A person who recklessly, knowingly, or intentionally damages:


(1) a structure used for religious worship;


(2) a school or community center;


(3) the grounds:


(A) adjacent to; and


(B) owned or rented in common with;


a structure or facility identified in subdivision (1) or (2); or


(4) personal property contained in a structure or located at a facility identified in subdivision (1) or (2);


without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).


(c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.


(d) The court may rescind an order for suspension or invalidation under subsection (c) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that:


(1) the person has removed or painted over the graffiti or has made other suitable restitution; and


(2) the person who owns the property damaged or defaced by the criminal mischief or institutional criminal mischief is satisfied with the removal, painting, or other restitution performed by the person.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1; P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5; P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1; P.L.123-2002, SEC.37; P.L.116-2002, SEC.24; P.L.1-2003, SEC.95, eff. April 2, 2003; P.L.140-2006, SEC.33, and P.L.173-2006, SEC.33; P.L.216-2007, SEC.48.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-2.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-2.1 Cemetery mischief


Sec. 2.1. (a) This section does not apply to the following:


(1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.


(2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.


(b) A person who recklessly, knowingly, or intentionally:


(1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3), or a facility used for memorializing the dead;


(2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or


(3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure;


commits cemetery mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).



CREDIT(S)


As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-3 Unlawful acts relating to caves; offense


Sec. 3. (a) As used in this section:


“Cave” means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel whether or not it has a natural entrance.


“Owner” means the person who holds title to or is in possession of the land on or under which a cave is located, or his lessee, or agent.


“Scientific purposes” means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and with the intent to publish the results of said exploration or research in an appropriate medium.


(b) A person who knowingly and without the express consent of the cave owner:


(1) disfigures, destroys, or removes any stalagmite, stalactite, or other naturally occurring mineral deposit or formation, or archeological or paleontological artifact in a cave, for other than scientific purposes;


(2) breaks any lock, gate, fence, or other structure designed to control or prevent access to a cave;


(3) deposits trash, rubbish, chemicals, or other litter in a cave; or


(4) destroys, injures, removes, or harasses any cave-dwelling animal for other than scientific purposes;


commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.177-1983, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-4 Computer tampering


Sec. 4. (a) As used in this section:


“Computer network” and “computer system” have the meanings set forth in IC 35-43-2-3.


“Computer program” means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.


“Data” means a representation of information, facts, knowledge, concepts, or instructions that:


(1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;


(2) has been prepared or is being prepared; and


(3) has been processed, is being processed, or will be processed;


in a computer system or computer network.


(b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:


(1) Class C felony if the offense is committed for the purpose of terrorism; and


(2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.



CREDIT(S)


As added by P.L.35-1986, SEC.2. Amended by P.L.156-2001, SEC.11.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-5


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-5 Tampering with or poisoning water supply


Sec. 5. (a) A person who, with the intent to cause serious bodily injury, tampers with a:


(1) water supply;


(2) water treatment plant (as defined in IC 13-11-2-264); or


(3) water distribution system (as defined in IC 13-11-2-259);


commits tampering with a water supply, a Class B felony. However, the offense is a Class A felony if it results in the death of any person.


(b) A person who recklessly, knowingly, or intentionally poisons a public water supply with the intent to cause serious bodily injury commits poisoning, a Class B felony.



CREDIT(S)


As added by P.L.137-2007, SEC.35. Amended by P.L.231-2007, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-1-6


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 1. Arson, Mischief, and Tampering (Refs & Annos)

35-43-1-6 Alteration of historic property


Sec. 6. A person who knowingly or intentionally alters, without a permit, historic property located on property owned or leased by the state commits a Class B misdemeanor.



CREDIT(S)


As added by P.L.167-2011, SEC.30.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 2. Burglary and Trespass

35-43-2-0.1 Repealed by P.L.63-2012, SEC.51, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-2-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 2. Burglary and Trespass

35-43-2-1 Burglary


Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony in it, commits burglary, a Class C felony. However, the offense is:


(1) a Class B felony if:


(A) it is committed while armed with a deadly weapon; or


(B) the building or structure is a:


(i) dwelling; or


(ii) structure used for religious worship; and


(2) a Class A felony if it results in:


(A) bodily injury; or


(B) serious bodily injury;


to any person other than a defendant.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.42; Acts 1982, P.L.204, SEC.36; P.L.88-1999, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-2-1.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 2. Burglary and Trespass

35-43-2-1.5 Residential entry


Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.



CREDIT(S)


As added by P.L.215-1991, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-2-2


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 2. Burglary and Trespass

35-43-2-2 Criminal trespass


Sec. 2. (a) A person who:


(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;


(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;


(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;


(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;


(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;


(6) knowingly or intentionally:


(A) travels by train without lawful authority or the railroad carrier's consent; and


(B) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;


(7) not having a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is:


(A) vacant or designated by a municipality or county enforcement authority to be abandoned property; and


(B) subject to abatement under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or


(8) knowingly or intentionally enters the property of another person after being denied entry by a court order that has been issued to the person or issued to the general public by conspicuous posting on or around the premises in areas where a person can observe the order when the property:


(A) has been designated by a municipality or county enforcement authority to be a vacant property or an abandoned property; and


(B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;


commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.


(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:


(1) personal communication, oral or written;


(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or


(3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.


(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.


(d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.


(e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.


(f) Subsections (a), (b), and (e) do not apply to the following:


(1) A passenger on a train.


(2) An employee of a railroad carrier while engaged in the performance of official duties.


(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.


(4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.


(5) A person on the station grounds or in the depot of a railroad carrier:


(A) as a passenger; or


(B) for the purpose of transacting lawful business.


(6) A:


(A) person; or


(B) person's:


(i) family member;


(ii) invitee;


(iii) employee;


(iv) agent; or


(v) independent contractor;


going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.


(7) A person having written permission from the railroad carrier to go on specified railroad property.


(8) A representative of the Indiana department of transportation while engaged in the performance of official duties.


(9) A representative of the federal Railroad Administration while engaged in the performance of official duties.


(10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.43; P.L.151-1989, SEC.12; P.L.242-1993, SEC.2; P.L.164-1993, SEC.11; P.L.1-1994, SEC.168; P.L.259-1999, SEC.3; P.L.88-2009, SEC.4; P.L.158-2009, SEC.7


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-2-3


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 2. Burglary and Trespass

35-43-2-3 Computer trespass


Sec. 3. (a) As used in this section:


“Access” means to:


(1) approach;


(2) instruct;


(3) communicate with;


(4) store data in;


(5) retrieve data from; or


(6) make use of resources of;


a computer, computer system, or computer network.


“Computer network” means the interconnection of communication lines or wireless telecommunications with a computer or wireless telecommunication device through:


(1) remote terminals;


(2) a complex consisting of two (2) or more interconnected computers; or


(3) a worldwide collection of interconnected networks operating as the Internet.


“Computer system” means a set of related computer equipment, software, or hardware.


“Hoarding program” means a computer program designed to bypass or neutralize a security measure, access control system, or similar system used by the owner of a computer network or computer system to limit the amount of merchandise that one (1) person may purchase by means of a computer network.


(b) A person who knowingly or intentionally accesses:


(1) a computer system;


(2) a computer network; or


(3) any part of a computer system or computer network;


without the consent of the owner of the computer system or computer network, or the consent of the owner's licensee, commits computer trespass, a Class A misdemeanor.


(c) A person who knowingly or intentionally uses a hoarding program to purchase merchandise by means of a computer network commits computer merchandise hoarding, a Class A misdemeanor. It is a defense to a prosecution under this subsection that the person used the hoarding program with the permission of the person selling the merchandise.


(d) A person who knowingly or intentionally sells, purchases, or distributes a hoarding program commits unlawful distribution of a hoarding program, a Class A misdemeanor. It is a defense to a prosecution under this subsection that the hoarding program was sold, purchased, or distributed for legitimate scientific or educational purposes.



CREDIT(S)


As added by P.L.35-1986, SEC.3. Amended by P.L.29-2001, SEC.1; P.L.79-2009, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 3. Robbery

35-43-3-1 Repealed


(Repealed by Acts 1977, P.L.340, SEC.148.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-0.1 Application of certain P.L.84-2001, P.L.143-2005 and P.L.158-2009 amendments


Sec. 0.1. The amendments made to section 4 of this chapter by P.L.84-2001 are intended to specify that the scope of the amended terms includes retail sales receipts, universal product codes (UPC), and other product identification codes. The amendment of these definitions shall not be construed to mean that these terms did not cover retail sales receipts, universal product codes (UPC), and other product identification codes before July 1, 2001.



CREDIT(S)


As added by P.L.220-2011, SEC.598. Amended by P.L.63-2012, SEC.52.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-1 Definitions


Sec. 1. (a) As used in this chapter, “exert control over property” means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property.


(b) Under this chapter, a person's control over property of another person is “unauthorized” if it is exerted:


(1) without the other person's consent;


(2) in a manner or to an extent other than that to which the other person has consented;


(3) by transferring or encumbering other property while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of that other property;


(4) by creating or confirming a false impression in the other person;


(5) by failing to correct a false impression that the person knows is influencing the other person, if the person stands in a relationship of special trust to the other person;


(6) by promising performance that the person knows will not be performed;


(7) by expressing an intention to damage the property or impair the rights of any other person; or


(8) by transferring or reproducing:


(A) recorded sounds; or


(B) a live performance;


without consent of the owner of the master recording or the live performance, with intent to distribute the reproductions for a profit.


(c) As used in this chapter, “receiving” means acquiring possession or control of or title to property, or lending on the security of property.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.44; Acts 1979, P.L.300, SEC.1; P.L.180-1991, SEC.7.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-2


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-2 Theft; receiving stolen property


Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. However, the offense is a Class C felony if:


(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or


(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:


(A) relates to transportation safety;


(B) relates to public safety; or


(C) is taken from a:


(i) hospital or other health care facility;


(ii) telecommunications provider;


(iii) public utility (as defined in IC 32-24-1-5.9(a)); or


(iv) key facility;


and the absence of the property creates a substantial risk of bodily injury to a person.


(b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony. However, the offense is a Class C felony if:


(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or


(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:


(A) relates to transportation safety;


(B) relates to public safety; or


(C) is taken from a:


(i) hospital or other health care facility;


(ii) telecommunications provider;


(iii) public utility (as defined in IC 32-24-1-5.9(a)); or


(iv) key facility;


and the absence of the property creates a substantial risk of bodily injury to a person.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.45; Acts 1979, P.L.300, SEC.2; P.L.320-1985, SEC.1; P.L.158-2009, SEC.8.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-2.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-2.3 Dealing in altered property


Sec. 2.3. (a) As used in this section, “dealer” means a person who buys or sells, or offers to buy or sell, personal property. The term does not include the original retailer of personal property.


(b) A dealer who recklessly, knowingly, or intentionally buys or sells personal property in which the identification number or manufacturer's serial number has been removed, altered, obliterated, or defaced commits dealing in altered property, a Class A misdemeanor. However the offense is a Class D felony if the dealer has a prior conviction of an offense under this chapter or if the fair market value of the property is at least one thousand dollars ($1,000).



CREDIT(S)


As added by P.L.294-1989, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-2.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-2.5 Auto theft; receiving stolen auto parts


Sec. 2.5. (a) As used in this section, “motor vehicle” has the meaning set forth in IC 9-13-2-105(a).


(b) A person who knowingly or intentionally exerts unauthorized control over the motor vehicle of another person, with intent to deprive the owner of:


(1) the vehicle's value or use; or


(2) a component part (as defined in IC 9-13-2-34) of the vehicle;


commits auto theft, a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection or subsection (c).


(c) A person who knowingly or intentionally receives, retains, or disposes of a motor vehicle or any part of a motor vehicle of another person that has been the subject of theft commits receiving stolen auto parts, a Class D felony. However, the offense is a Class C felony if the person has a prior conviction of an offense under this subsection or subsection (b).



CREDIT(S)


As added by P.L.321-1985, SEC.1. Amended by P.L.136-1987, SEC.6; P.L.2-1991, SEC.106.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-2.7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-2.7 Unauthorized entry of a motorized vehicle


Sec. 2.7. (a) This section does not apply to the following:


(1) A public safety officer (as defined in IC 35-47-4.5-3) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties.


(2) A motor vehicle that must be moved because the motor vehicle is abandoned, inoperable, or improperly parked.


(3) An employee or agent of an entity that possesses a valid lien on a motor vehicle who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.


(b) As used in this section, “authorized operator” means a person who is authorized to operate a motor vehicle by an owner or a lessee of the motor vehicle.


(c) As used in this section, “motor vehicle” has the meaning set forth in IC 9-13-2-105(a).


(d) A person who:


(1) enters a motor vehicle knowing that the person does not have the permission of an owner, a lessee, or an authorized operator of the motor vehicle to enter the motor vehicle; and


(2) does not have a contractual interest in the motor vehicle;


commits unauthorized entry of a motor vehicle, a Class B misdemeanor.


(e) The offense under subsection (d) is:


(1) a Class A misdemeanor if the motor vehicle has visible steering column damage or ignition switch alteration as a result of an act described in subsection (d)(1); or


(2) a Class D felony if a person occupies the motor vehicle while the motor vehicle is used to further the commission of a crime, if the person knew or should have known that a person intended to use the motor vehicle in the commission of a crime.


(f) It is a defense to a prosecution under this section that the accused person reasonably believed that the person's entry into the vehicle was necessary to prevent bodily injury or property damage.


(g) There is a rebuttable presumption that the person did not have the permission of an owner, a lessee, or an authorized operator of the motor vehicle to enter the motor vehicle if the motor vehicle has visible steering column damage or ignition switch alteration.



CREDIT(S)


As added by P.L.143-2005, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-3


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-3 Conversion; unauthorized control of a motor vehicle


Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.


(b) The offense under subsection (a) is a Class D felony if committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime.


(c) The offense under subsection (a) is a Class C felony if:


(1) committed by a person who exerts unauthorized control over the motor vehicle of another person; and


(2) the person uses the motor vehicle to assist the person in the commission of a felony.


(d) The offense under subsection (a) is a Class D felony if:


(1) the person acquires the property by lease;


(2) the property is a motor vehicle;


(3) the person signs a written agreement to return the property to a specified location within a specified time; and


(4) the person fails to return the property:


(A) within thirty (30) days after the specified time; or


(B) within three (3) days after a written demand for return of the property is either:


(i) personally served on the person; or


(ii) sent by registered mail to the person's address that is provided by the person in the written agreement.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.46; P.L.143-2005, SEC.2; P.L.227-2011, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-3.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-3.5 Failure to return or pay for articles borrowed from library, gallery, museum, collection or exhibition


Sec. 3.5. (a) If a person:


(1) borrows any article which belongs to or is in the care of any library, gallery, museum, collection, or exhibition;


(2) borrows the article under an agreement to return the article within a specified period of time; and


(3) fails to return the article within that specified period of time;


then the lender shall comply with subsection (b).


(b) If a person commits those acts specified in subsection (a), the lender shall:


(1) send written notification of the violation of the agreement to the borrower;


(2) attach a copy of this section to the notice;


(3) include in the notice a request for return of the article within fifteen (15) days of receipt of the notice; and


(4) mail the notice to the last known address of the borrower or deliver it to the borrower in person.


The lender shall send the notice required by this subsection by certified or registered mail, return receipt requested.


(c) If the borrower willfully or knowingly fails to return the article, or reimburse the lender for the value of the article, within thirty (30) days of receipt of the notice required in subsection (b), he commits a Class C infraction.


(d) A person who commits an offense under this section may not be charged with an offense under section 2 or 3 of this chapter for the same act.



CREDIT(S)


As added by Acts 1980, P.L.206, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-4 Evidence


Sec. 4. (a) The price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value and ownership of the property.


(b) Evidence that a person:


(1) altered, substituted, or transferred a universal product code (UPC) or another product identification code, label, price tag, or price marking on property displayed or offered for sale or hire; or


(2) transferred property displayed or offered for sale or hire from the package, bag, or container in or on which the property was displayed or offered to another package, bag, or container;


constitutes prima facie evidence of intent to deprive the owner of the property of a part of its value and that the person exerted unauthorized control over the property.


(c) Evidence that a person:


(1) concealed property displayed or offered for sale or hire; and


(2) removed the property from any place within the business premises at which it was displayed or offered to a point beyond that at which payment should be made;


constitutes prima facie evidence of intent to deprive the owner of the property of a part of its value and that the person exerted unauthorized control over the property.


(d) Except as provided in subsection (e) of this section, evidence of failure to perform as promised, by itself, does not constitute evidence that the promisor knew that the promise would not be performed.


(e) Except as provided in section 5(b) of this chapter, a person who has insufficient funds in or no account with a drawee credit institution and who makes, draws, or utters a check, draft, or order for payment on the credit institution may be inferred:


(1) to have known that the credit institution would refuse payment upon presentment in the usual course of business; and


(2) to have intended to deprive the owner of any property acquired by making, drawing, or uttering the check, draft, or order for payment of a part of the value of that property.


(f) Evidence that a person, after renting or leasing any property under a written agreement providing for the return of the property to a particular place at a particular time, failed to return the property to the place within seventy-two (72) hours after the agreed time constitutes prima facie evidence that he exerted unauthorized control over the property.


(g) A judge may find that a photograph of property over which a person is alleged to have exerted unauthorized control or to have otherwise obtained unlawfully is competent evidence, if the photograph:


(1) will serve the purpose of demonstrating the nature of the property; and


(2) is otherwise admissible into evidence under all other rules of law governing the admissibility of photographs into evidence.


The fact that it is impractical to introduce into evidence the actual property for any reason, including its size, weight, or unavailability, need not be established for a judge to find a photograph of that property to be competent evidence. If a photograph is found to be competent evidence under this subsection, it is admissible into evidence in place of the property and to the same extent as the property itself.


(h) A law enforcement agency that is holding as evidence property over which a person is alleged to have exerted unauthorized control or to have otherwise obtained unlawfully, may return that property to its owner if:


(1) the property has been photographed in a manner that will serve the purpose of demonstrating the nature of the property, and if these photographs are filed with or retained by the law enforcement agency in place of the property;


(2) receipt for the property is obtained from the owner upon delivery by the law enforcement agency;


(3) the prosecuting attorney who is prosecuting a case that involves the property has not requested the law enforcement agency to decline requests for return of the property to its owner; and


(4) the property may be lawfully possessed by the owner.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.47; Acts 1980, P.L.200, SEC.2; P.L.322-1985, SEC.1; P.L.84-2001, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-5 Defenses


Sec. 5. (a) An owner in possession of encumbered property does not commit a crime under this chapter, as against a person having only a security interest in the property, by removing or otherwise dealing with the property contrary to the terms of the security agreement, even if title is in the credit institution under a mortgage, conditional sales contract, or bailment lease.


(b) It is a defense under this chapter if a maker or drawer:


(1) who has an account in a credit institution but does not have sufficient funds in that account; and


(2) who makes, draws, or utters a check, draft, or order for payment on the credit institution;


pays the credit institution the amount due, together with protest fees, within ten (10) days after receiving notice that the check, draft, or order has not been paid by the credit institution. Notice sent to either (i) the address printed or written on the check, draft, or order or (ii) the address given in writing to the recipient at the time the check, draft, or order was issued or delivered constitutes notice that the check, draft, or order has not been paid by the credit institution.


(c) A person who transfers or reproduces recorded sounds in connection with a broadcast or telecast, or for archival purposes, does not commit a crime under this chapter, even if he does not have the consent of the owner of the master recording.


(d) A person who receives, retains, or disposes of personal property that has been the subject of theft with the purpose of restoring it to the owner, does not commit a crime under this chapter.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.48; Acts 1979, P.L.300, SEC.3; P.L.323-1985, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-6 Unauthorized control over property of benefit provider; prima facie evidence


Sec. 6. (a) As used in this section:


“Benefit” includes any accident, sickness, or other health care or reimbursement therefor to which a person is entitled.


“Benefit identification card” means a writing that identifies a person, his spouse, or his dependent as being entitled to a benefit.


“Benefit provider” includes an employer, insurer, or health care provider who has agreed to provide or has provided a benefit to a person who has a benefit identification card.


(b) Evidence that a person:


(1) permitted a person who was not entitled to a benefit to use his benefit identification card to obtain a benefit; or


(2) uses his benefit identification card to obtain a benefit for a person who was not entitled to the benefit;


constitutes prima facie evidence that such person exerted unauthorized control over property of the benefit provider.



CREDIT(S)


As added by P.L.327-1983, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-7 Vending machine vandalism


Sec. 7. (a) As used in this section, “vending machine” means a mechanical or an electronic device or a receptacle designed:


(1) to receive a coin, bill, or token made for that purpose; and


(2) to automatically dispense goods, wares, merchandise, or other property in return for the insertion or deposit of a coin, bill, or token.


(b) A person who knowingly or intentionally:


(1) damages a vending machine; or


(2) removes goods, wares, merchandise, or other property from a vending machine without:


(A) inserting or depositing a coin, bill, or token made for that purpose; or


(B) the consent of the owner or operator of the vending machine;


commits vending machine vandalism, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the amount of the damage or the value of the goods, wares, merchandise, or other property removed from the vending machine is at least two hundred fifty dollars ($250).



CREDIT(S)


As added by P.L.299-1995, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-4-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 4. Theft, Conversion, and Receiving Stolen Property

35-43-4-8 Suspension of driving privileges for fuel theft


Sec. 8. (a) A conviction for an offense under section 2 of this chapter or section 3 of this chapter that involves exerting unauthorized control over gasoline or motor vehicle fuel:


(1) by operation of a motor vehicle to leave the premises of an establishment at which gasoline or motor vehicle fuel is offered for sale after the gasoline or motor vehicle fuel has been dispensed into the fuel tank of the motor vehicle; and


(2) without payment or authorization of payment by a credit card, debit card, charge card, or similar method of payment;


shall result in the suspension of the driving privileges of the person.


(b) The court imposing a sentence for a violation under subsection (a) shall issue an order to the bureau of motor vehicles:


(1) stating that the person has been convicted of an offense under section 2 of this chapter or section 3 of this chapter involving the unauthorized taking of gasoline or motor vehicle fuel; and


(2) ordering the suspension of the person's driving privileges under IC 9-30-13-8.


The suspension of a person's driving privileges under this section is in addition to other penalties prescribed by IC 35-50-3-2 for a Class A misdemeanor or by IC 35-50-2-7 for a Class D felony.



CREDIT(S)


As added by P.L.117-2001, SEC.6. Amended by P.L.125-2012, SEC.414.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-0.1 Application of certain statutory amendments


Sec. 0.1. The amendments made to section 1 of this chapter by P.L.84-2001 are intended to specify that the scope of the amended terms includes retail sales receipts, universal product codes (UPC), and other product identification codes. The amendment of these definitions shall not be construed to mean that these terms did not cover retail sales receipts, universal product codes (UPC), and other product identification codes before July 1, 2001.



CREDIT(S)


As added by P.L.220-2011, SEC.599. Amended by P.L.63-2012, SEC.53.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-1


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-1 Definitions


Sec. 1. (a) The definitions set forth in this section apply throughout this chapter.


(b) “Claim statement” means an insurance policy, a document, or a statement made in support of or in opposition to a claim for payment or other benefit under an insurance policy, or other evidence of expense, injury, or loss. The term includes statements made orally, in writing, or electronically, including the following:


(1) An account.


(2) A bill for services.


(3) A bill of lading.


(4) A claim.


(5) A diagnosis.


(6) An estimate of property damages.


(7) A hospital record.


(8) An invoice.


(9) A notice.


(10) A proof of loss.


(11) A receipt for payment.


(12) A physician's records.


(13) A prescription.


(14) A statement.


(15) A test result.


(16) X-rays.


(c) “Coin machine” means a coin box, vending machine, or other mechanical or electronic device or receptacle designed:


(1) to receive a coin, bill, or token made for that purpose; and


(2) in return for the insertion or deposit of a coin, bill, or token automatically:


(A) to offer, provide, or assist in providing; or


(B) to permit the acquisition of;


some property.


(d) “Credit card” means an instrument or device (whether known as a credit card or charge plate, or by any other name) issued by an issuer for use by or on behalf of the credit card holder in obtaining property.


(e) “Credit card holder” means the person to whom or for whose benefit the credit card is issued by an issuer.


(f) “Customer” means a person who receives or has contracted for a utility service.


(g) “Drug or alcohol screening test” means a test that:


(1) is used to determine the presence or use of alcohol, a controlled substance, or a drug in a person's bodily substance; and


(2) is administered in the course of monitoring a person who is:


(A) incarcerated in a prison or jail;


(B) placed in a community corrections program;


(C) on probation or parole;


(D) participating in a court ordered alcohol or drug treatment program; or


(E) on court ordered pretrial release.


(h) “Entrusted” means held in a fiduciary capacity or placed in charge of a person engaged in the business of transporting, storing, lending on, or otherwise holding property of others.


(i) “Identifying information” means information that identifies a person, including a person's:


(1) name, address, date of birth, place of employment, employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity;


(2) unique biometric data, including the person's fingerprint, voice print, or retina or iris image;


(3) unique electronic identification number, address, or routing code;


(4) telecommunication identifying information; or


(5) telecommunication access device, including a card, a plate, a code, a telephone number, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access that may be used to:


(A) obtain money, goods, services, or any other thing of value; or


(B) initiate a transfer of funds.


(j) “Insurance policy” includes the following:


(1) An insurance policy.


(2) A contract with a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-1-27).


(3) A written agreement entered into under IC 27-1-25.


(k) “Insurer” has the meaning set forth in IC 27-1-2-3(x). The term also includes the following:


(1) A reinsurer.


(2) A purported insurer or reinsurer.


(3) A broker.


(4) An agent of an insurer, a reinsurer, a purported insurer or reinsurer, or a broker.


(5) A health maintenance organization.


(6) A limited service health maintenance organization.


(l) “Manufacturer” means a person who manufactures a recording. The term does not include a person who manufactures a medium upon which sounds or visual images can be recorded or stored.


(m) “Make” means to draw, prepare, complete, counterfeit, copy or otherwise reproduce, or alter any written instrument in whole or in part.


(n) “Metering device” means a mechanism or system used by a utility to measure or record the quantity of services received by a customer.


(o) “Public relief or assistance” means any payment made, service rendered, hospitalization provided, or other benefit extended to a person by a governmental entity from public funds and includes township assistance, food stamps, direct relief, unemployment compensation, and any other form of support or aid.


(p) “Recording” means a tangible medium upon which sounds or visual images are recorded or stored. The term includes the following:


(1) An original:


(A) phonograph record;


(B) compact disc;


(C) wire;


(D) tape;


(E) audio cassette;


(F) video cassette; or


(G) film.


(2) Any other medium on which sounds or visual images are or can be recorded or otherwise stored.


(3) A copy or reproduction of an item in subdivision (1) or (2) that duplicates an original recording in whole or in part.


(q) “Slug” means an article or object that is capable of being deposited in a coin machine as an improper substitute for a genuine coin, bill, or token.


(r) “Synthetic identifying information” means identifying information that identifies:


(1) a false or fictitious person;


(2) a person other than the person who is using the information; or


(3) a combination of persons described under subdivisions (1) and (2).


(s) “Utility” means a person who owns or operates, for public use, any plant, equipment, property, franchise, or license for the production, storage, transmission, sale, or delivery of electricity, water, steam, telecommunications, information, or gas.


(t) “Written instrument” means a paper, a document, or other instrument containing written matter and includes money, coins, tokens, stamps, seals, credit cards, badges, trademarks, medals, retail sales receipts, labels or markings (including a universal product code (UPC) or another product identification code), or other objects or symbols of value, right, privilege, or identification.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.49; P.L.321-1983, SEC.4; P.L.182-1984, SEC.3; P.L.180-1991, SEC.8; P.L.216-1991, SEC.1; P.L.193-1991, SEC.2; P.L.247-1993, SEC.1; P.L.150-1994, SEC.2; P.L.2-1995, SEC.127; P.L.84-2001, SEC.2 and P.L.180-2001, SEC.1; P.L.22-2003, SEC.1; P.L.160-2003, SEC.27; P.L.73-2005, SEC.170; P.L.171-2005, SEC.1; P.L.181-2005, SEC.5; P.L.137-2009, SEC.13.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-2 Counterfeiting; forgery; application fraud


Sec. 2. (a) A person who knowingly or intentionally:


(1) makes or utters a written instrument in such a manner that it purports to have been made:


(A) by another person;


(B) at another time;


(C) with different provisions; or


(D) by authority of one who did not give authority; or


(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:


(A) by another person;


(B) at another time;


(C) with different provisions; or


(D) by authority of one who did not give authority;


commits counterfeiting, a Class D felony.


(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:


(1) by another person;


(2) at another time;


(3) with different provisions; or


(4) by authority of one who did not give authority;


commits forgery, a Class C felony.


(c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48). A person who:


(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or for a renewal or a duplicate of a driver's license; or


(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license;


commits application fraud, a Class D felony.


(d) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:


(1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or


(2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;


commits application fraud, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.50; P.L.45-2005, SEC.2; P.L.106-2006, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-2.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-2.5 Counterfeiting government documents; Class A misdemeanor


Sec. 2.5. A person who knowingly or intentionally possesses, produces, or distributes a document not issued by a government entity that purports to be a government issued identification commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.109-2006, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-3 Deception


Sec. 3. (a) A person who:


(1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent;


(2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity;


(3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted;


(4) knowingly or intentionally, in the regular course of business, either:


(A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or


(B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity;


(5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service;


(6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property;


(7) with intent to defraud an owner of a coin machine, deposits a slug in that machine;


(8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug;


(9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;


(10) with intent to defraud, misrepresents a person as being a physician licensed under IC 25-22.5; or


(11) knowingly and intentionally defrauds another person furnishing cable TV service by avoiding paying compensation for that service by any scheme or device or by tampering with facilities or equipment of the person furnishing the service;


commits deception, a Class A misdemeanor.


(b) In determining whether an advertisement is false, misleading, or deceptive under subsection (a)(9), there shall be considered, among other things, not only representations contained or suggested in the advertisement, by whatever means, including device or sound, but also the extent to which the advertisement fails to reveal material facts in the light of the representations.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.51; Acts 1978, P.L.144, SEC.5; P.L.182-1984, SEC.4; P.L.237-1989, SEC.2; P.L.247-1993, SEC.2; P.L.222-1996, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-3.5


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-3.5 Penalties for identity deception


Sec. 3.5. (a) Except as provided in subsection (c), a person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person, including the identifying information of a person who is deceased:


(1) without the other person's consent; and


(2) with intent to:


(A) harm or defraud another person;


(B) assume another person's identity; or


(C) profess to be another person;


commits identity deception, a Class D felony.


(b) However, the offense defined in subsection (a) is a Class C felony if:


(1) a person obtains, possesses, transfers, or uses the identifying information of more than one hundred (100) persons;


(2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000); or


(3) a person obtains, possesses, transfers, or uses the identifying information of a person who is less than eighteen (18) years of age and is:


(A) the person's son or daughter;


(B) a dependent of the person;


(C) a ward of the person; or


(D) an individual for whom the person is a guardian.


(c) The conduct prohibited in subsections (a) and (b) does not apply to:


(1) a person less than twenty-one (21) years of age who uses the identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5);


(2) a minor (as defined in IC 35-49-1-4) who uses the identifying information of another person to acquire:


(A) a cigarette or tobacco product (as defined in IC 6-7-2-5);


(B) a periodical, a videotape, or other communication medium that contains or depicts nudity (as defined in IC 35-49-1-5);


(C) admittance to a performance (live or film) that prohibits the attendance of the minor based on age; or


(D) an item that is prohibited by law for use or consumption by a minor; or


(3) any person who uses the identifying information for a lawful purpose.


(d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.



CREDIT(S)


As added by P.L.180-2001, SEC.2. Amended by P.L.22-2003, SEC.2; P.L.125-2006, SEC.9; P.L.137-2009, SEC.14.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-3.6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-3.6 Terroristic deception


Sec. 3.6. A person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person with intent to:


(1) commit terrorism; or


(2) obtain or transport a weapon of mass destruction;


commits terroristic deception, a Class C felony.



CREDIT(S)


As added by P.L.123-2002, SEC.38.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-3.7


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-3.7 Notario publico deception


Sec. 3.7. A person who violates IC 33-42-2-10 commits notario publico deception, a Class A misdemeanor.



CREDIT(S)


As added by P.L.85-2007, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-3.8


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-3.8 Penalties for synthetic identity deception


Sec. 3.8. (a) A person who knowingly or intentionally obtains, possesses, transfers, or uses the synthetic identifying information:


(1) with intent to harm or defraud another person;


(2) with intent to assume another person's identity; or


(3) with intent to profess to be another person;


commits synthetic identity deception, a Class D felony.


(b) The offense under subsection (a) is a Class C felony if:


(1) a person obtains, possesses, transfers, or uses the synthetic identifying information of more than one hundred (100) persons; or


(2) the fair market value of the fraud or harm caused by the offense is at least fifty thousand dollars ($50,000).


(c) The conduct prohibited in subsections (a) and (b) does not apply to:


(1) a person less than twenty-one (21) years of age who uses the synthetic identifying information of another person to acquire an alcoholic beverage (as defined in IC 7.1-1-3-5); or


(2) a minor (as defined in IC 35-49-1-4) who uses the synthetic identifying information of another person to acquire:


(A) a cigarette or tobacco product (as defined in IC 6-7-2-5);


(B) a periodical, a videotape, or other communication medium that contains or depicts nudity (as defined in IC 35-49-1-5);


(C) admittance to a performance (live or on film) that prohibits the attendance of the minor based on age; or


(D) an item that is prohibited by law for use or consumption by a minor.


(d) It is not a defense in a prosecution under subsection (a) or (b) that no person was harmed or defrauded.



CREDIT(S)


As added by P.L.137-2009, SEC.15.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-4 Fraud


Sec. 4. A person who:


(1) with intent to defraud, obtains property by:


(A) using a credit card, knowing that the credit card was unlawfully obtained or retained;


(B) using a credit card, knowing that the credit card is forged, revoked, or expired;


(C) using, without consent, a credit card that was issued to another person;


(D) representing, without the consent of the credit card holder, that the person is the authorized holder of the credit card; or


(E) representing that the person is the authorized holder of a credit card when the card has not in fact been issued;


(2) being authorized by an issuer to furnish property upon presentation of a credit card, fails to furnish the property and, with intent to defraud the issuer or the credit card holder, represents in writing to the issuer that the person has furnished the property;


(3) being authorized by an issuer to furnish property upon presentation of a credit card, furnishes, with intent to defraud the issuer or the credit card holder, property upon presentation of a credit card, knowing that the credit card was unlawfully obtained or retained or that the credit card is forged, revoked, or expired;


(4) not being the issuer, knowingly or intentionally sells a credit card;


(5) not being the issuer, receives a credit card, knowing that the credit card was unlawfully obtained or retained or that the credit card is forged, revoked, or expired;


(6) with intent to defraud, receives a credit card as security for debt;


(7) receives property, knowing that the property was obtained in violation of subdivision (1) of this section;


(8) with intent to defraud the person's creditor or purchaser, conceals, encumbers, or transfers property;


(9) with intent to defraud, damages property; or


(10) knowingly or intentionally:


(A) sells;


(B) rents;


(C) transports; or


(D) possesses;


a recording for commercial gain or personal financial gain that does not conspicuously display the true name and address of the manufacturer of the recording;


commits fraud, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.52; Acts 1978, P.L.82, SEC.3; P.L.180-1991, SEC.9; P.L.193-1991, SEC.3; P.L.1-1992, SEC.180; P.L.180-2001, SEC.3; P.L.181-2005, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-4.3


Effective: July 1, 2009


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-4.3 Unlawful possession of a card skimming device


Sec. 4.3. (a) As used in this section, “card skimming device” means a device that is designed to read information encoded on a credit card. The term includes a device designed to read, record, or transmit information encoded on a credit card:


(1) directly from a credit card; or


(2) from another device that reads information directly from a credit card.


(b) A person who possesses a card skimming device with intent to commit:


(1) identity deception (IC 35-43-5-3.5);


(2) synthetic identity deception (IC 35-43-5-3.8);


(3) fraud (IC 35-43-5-4); or


(4) terroristic deception (IC 35-43-5-3.6);


commits unlawful possession of a card skimming device. Unlawful possession of a card skimming device under subdivision (1), (2), or (3) is a Class D felony. Unlawful possession of a card skimming device under subdivision (4) is a Class C felony.



CREDIT(S)


As added by P.L.125-2006, SEC.10. Amended by P.L.137-2009, SEC.16.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-4.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-4.5 Insurance fraud; insurance application fraud


Sec. 4.5. (a) A person who, knowingly and with intent to defraud:


(1) makes, utters, presents, or causes to be presented to an insurer or an insurance claimant, a claim statement that contains false, incomplete, or misleading information concerning the claim;


(2) presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, an oral, a written, or an electronic statement that the person knows to contain materially false information as part of, in support of, or concerning a fact that is material to:


(A) the rating of an insurance policy;


(B) a claim for payment or benefit under an insurance policy;


(C) premiums paid on an insurance policy;


(D) payments made in accordance with the terms of an insurance policy;


(E) an application for a certificate of authority;


(F) the financial condition of an insurer; or


(G) the acquisition of an insurer;


or conceals any information concerning a subject set forth in clauses (A) through (G);


(3) solicits or accepts new or renewal insurance risks by or for an insolvent insurer or other entity regulated under IC 27;


(4) removes:


(A) the assets;


(B) the record of assets, transactions, and affairs; or


(C) a material part of the assets or the record of assets, transactions, and affairs;


of an insurer or another entity regulated under IC 27, from the home office, other place of business, or place of safekeeping of the insurer or other regulated entity, or conceals or attempts to conceal from the department of insurance assets or records referred to in clauses (A) through (B); or


(5) diverts funds of an insurer or another person in connection with:


(A) the transaction of insurance or reinsurance;


(B) the conduct of business activities by an insurer or another entity regulated under IC 27; or


(C) the formation, acquisition, or dissolution of an insurer or another entity regulated under IC 27;


commits insurance fraud. Except as provided in subsection (b), insurance fraud is a Class D felony.


(b) An offense described in subsection (a) is a Class C felony if:


(1) the person who commits the offense has a prior unrelated conviction under this section; or


(2) the:


(A) value of property, services, or other benefits obtained or attempted to be obtained by the person as a result of the offense; or


(B) economic loss suffered by another person as a result of the offense;


is at least two thousand five hundred dollars ($2,500).


(c) A person who knowingly and with intent to defraud makes a material misstatement in support of an application for the issuance of an insurance policy commits insurance application fraud, a Class A misdemeanor.



CREDIT(S)


As added by P.L.181-2005, SEC.7.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-5 Check deception


Sec. 5. (a) A person who knowingly or intentionally issues or delivers a check, a draft, or an order on a credit institution for the payment of or to acquire money or other property, knowing that it will not be paid or honored by the credit institution upon presentment in the usual course of business, commits check deception, a Class A misdemeanor. However, the offense is a Class D felony if the amount of the check, draft, or order is at least two thousand five hundred dollars ($2,500) and the property acquired by the person was a motor vehicle.


(b) An unpaid and dishonored check, a draft, or an order that has the drawee's refusal to pay and reason printed, stamped, or written on or attached to it constitutes prima facie evidence:


(1) that due presentment of it was made to the drawee for payment and dishonor thereof; and


(2) that it properly was dishonored for the reason stated.


(c) The fact that a person issued or delivered a check, a draft, or an order, payment of which was refused by the drawee, constitutes prima facie evidence that the person knew that it would not be paid or honored. In addition, evidence that a person had insufficient funds in or no account with a drawee credit institution constitutes prima facie evidence that the person knew that the check, draft, or order would not be paid or honored.


(d) The following two (2) items constitute prima facie evidence of the identity of the maker of a check, draft, or order if at the time of its acceptance they are obtained and recorded, either on the check, draft, or order itself or on file, by the payee:


(1) Name and residence, business, or mailing address of the maker.


(2) Motor vehicle operator's license number, Social Security number, home telephone number, or place of employment of the maker.


(e) It is a defense under subsection (a) if a person who:


(1) has an account with a credit institution but does not have sufficient funds in that account; and


(2) issues or delivers a check, a draft, or an order for payment on that credit institution;


pays the payee or holder the amount due, together with protest fees and any service fee or charge, which may not exceed the greater of twenty-seven dollars and fifty cents ($27.50) or five percent (5%) (but not more than two hundred fifty dollars ($250)) of the amount due, that may be charged by the payee or holder, within ten (10) days after the date of mailing by the payee or holder of notice to the person that the check, draft, or order has not been paid by the credit institution. Notice sent in the manner set forth in IC 26-2-7-3 constitutes notice to the person that the check, draft, or order has not been paid by the credit institution. The payee or holder of a check, draft, or order that has been dishonored incurs no civil or criminal liability for sending notice under this subsection.


(f) A person does not commit a crime under subsection (a) when:


(1) the payee or holder knows that the person has insufficient funds to ensure payment or that the check, draft, or order is postdated; or


(2) insufficiency of funds or credit results from an adjustment to the person's account by the credit institution without notice to the person.



CREDIT(S)


As added by Acts 1978, P.L.144, SEC.6. Amended by Acts 1981, P.L.303, SEC.1; P.L.268-1983, SEC.2; P.L.328-1983, SEC.1; P.L.298-1989, SEC.1; P.L.42-1993, SEC.96; P.L.300-1995, SEC.1; P.L.85-2003, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-6 Utilizing a device or scheme to avoid being assessed for full amount of services received from utility or cable TV service provider


Sec. 6. (a) A customer who utilizes any device or scheme to avoid being assessed for the full amount of services received from a utility or a cable TV service provider commits a Class B infraction.


(b) Evidence that a customer's metering device has been altered, removed, or bypassed without the knowledge of or notification to the utility is prima facie evidence that the customer has utilized a device or scheme to avoid being assessed for the full amount of services received from the utility.


(c) Evidence that access to services of a utility or a cable TV service provider has been obtained without authority from the utility or the cable TV service provider constitutes prima facie evidence that the person benefiting from the access has utilized a device or scheme to avoid being assessed for the full amount of services received from the utility or the cable TV service provider.



CREDIT(S)


As added by P.L.321-1983, SEC.5. Amended by P.L.324-1985, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-6.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-6.5 Sale of kit or device for unauthorized use of cable television services system


Sec. 6.5. (a) A person who manufactures, distributes, sells, leases, or offers for sale or lease:


(1) a device; or


(2) a kit of parts to construct a device;


designed in whole or in part to intercept, unscramble, or decode a transmission by a cable television system with the intent that the device or kit be used to obtain cable television system services without full payment to the cable television system commits a Class D felony.


(b) The sale or distribution by a person of:


(1) any device; or


(2) a kit of parts to construct a device;


described in subsection (a) constitutes prima facie evidence of a violation of subsection (a) if, before or at the time of sale or distribution, the person advertised or indicated that the device or the assembled kit will enable a person to receive cable television system service without making full payment to the cable television system.



CREDIT(S)


As added by P.L.222-1996, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-7 Welfare fraud


Sec. 7. (a) A person who knowingly or intentionally:


(1) obtains public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement, fradulent [FN1] conveyance, or other fraudulent means;


(2) acquires, possesses, uses, transfers, sells, trades, issues, or disposes of:


(A) an authorization document to obtain public relief or assistance; or


(B) public relief or assistance;


except as authorized by law;


(3) uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;


(4) counterfeits or alters an authorization document to receive public relief or assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public relief or assistance; or


(5) conceals information for the purpose of receiving public relief or assistance to which he is not entitled;


commits welfare fraud, a Class A misdemeanor, except as provided in subsection (b).


(b) The offense is:


(1) a Class D felony if:


(A) the amount of public relief or assistance involved is more than two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500); or


(B) the amount involved is not more than two hundred fifty dollars ($250) and the person has a prior conviction of welfare fraud under this section; and


(2) a Class C felony if the amount of public relief or assistance involved is two thousand five hundred dollars ($2,500) or more, regardless of whether the person has a prior conviction of welfare fraud under this section.


(c) Whenever a person is convicted of welfare fraud under this section, the clerk of the sentencing court shall certify to the appropriate state agency and the appropriate agency of the county of the defendant's residence:


(1) his conviction; and


(2) whether the defendant is placed on probation and restitution is ordered under IC 35-38-2.



CREDIT(S)


As added by P.L.182-1984, SEC.5.


[FN1] So in 1984 enrolled act.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-7.1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-7.1 Medicaid fraud


Sec. 7.1. (a) Except as provided in subsection (b), a person who knowingly or intentionally:


(1) files a Medicaid claim, including an electronic claim, in violation of IC 12-15;


(2) obtains payment from the Medicaid program under IC 12-15 by means of a false or misleading oral or written statement or other fraudulent means;


(3) acquires a provider number under the Medicaid program except as authorized by law;


(4) alters with the intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1000.30) that are required to be kept under the Medicaid program; or


(5) conceals information for the purpose of applying for or receiving unauthorized payments from the Medicaid program;


commits Medicaid fraud, a Class D felony.


(b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least one hundred thousand dollars ($100,000).



CREDIT(S)


As added by P.L.10-1994, SEC.8. Amended by P.L.273-1999, SEC.179; P.L.1-2006, SEC.531, eff. March 24, 2006.


VALIDITY


<This section has been held unconstitutional in the case of Healthscript, Inc. v. State, 2002, 770 N.E.2d 810. See Notes to Decisions, post.>


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-7.2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-7.2 Insurance fraud


Sec. 7.2. (a) Except as provided in subsection (b), a person who knowingly or intentionally:


(1) files a children's health insurance program claim, including an electronic claim, in violation of IC 12-17.6;


(2) obtains payment from the children's health insurance program under IC 12-17.6 by means of a false or misleading oral or written statement or other fraudulent means;


(3) acquires a provider number under the children's health insurance program except as authorized by law;


(4) alters with intent to defraud or falsifies documents or records of a provider (as defined in 42 CFR 1002.301) that are required to be kept under the children's health insurance program; or


(5) conceals information for the purpose of applying for or receiving unauthorized payments from the children's health insurance program;


commits insurance fraud, a Class D felony.


(b) The offense described in subsection (a) is a Class C felony if the fair market value of the offense is at least one hundred thousand dollars ($100,000).



CREDIT(S)


As added by P.L.273-1999, SEC.180.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-7.3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-7.3 Repealed


(Repealed by P.L.255-2003, SEC.55.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-8 Fraud on financial institutions


Sec. 8. (a) A person who knowingly executes, or attempts to execute, a scheme or artifice:


(1) to defraud a state or federally chartered or federally insured financial institution; or


(2) to obtain any of the money, funds, credits, assets, securities, or other property owned by or under the custody or control of a state or federally chartered or federally insured financial institution by means of false or fraudulent pretenses, representations, or promises;


commits a Class C felony.


(b) As used in this section, the term “state or federally chartered or federally insured financial institution” means:


(1) an institution with accounts insured by the Federal Deposit Insurance Corporation;


(2) a credit union with accounts insured by the National Credit Union Administration Board;


(3) a federal home loan bank or a member, as defined in Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as in effect on December 31, 1990, of the Federal Home Loan Bank System; or


(4) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States or of the state.


The term does not include a lender licensed under IC 24-4.5.



CREDIT(S)


As added by P.L.187-1984, SEC.1. Amended by P.L.8-1991, SEC.35; P.L.10-2006, SEC.80, and P.L.57-2006, SEC.80.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-9 Falsely representing entity as disadvantaged or women-owned business enterprise


Sec. 9. (a) A person who knowingly or intentionally falsely represents any entity as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned business enterprise (as defined in IC 5-16-6.5-3) in order to qualify for certification as such an enterprise under a program conducted by a public agency (as defined in IC 5-16-6.5-2) designed to assist disadvantaged business enterprises or women owned business enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.


(b) A person who knowingly or intentionally falsely represents an entity with which the person will subcontract all or part of a contract with a public agency (as defined in IC 5-16-6.5-2) as a disadvantaged business enterprise (as defined in IC 5-16-6.5-1) or a women owned enterprise (as defined in IC 5-16-16.5-3) in order to qualify for certification as an eligible bidder under a program conducted by a public agency designed to assist disadvantaged business enterprises or women owned enterprises in obtaining contracts with public agencies for the provision of goods and services commits a Class D felony.



CREDIT(S)


As added by P.L.70-1987, SEC.2. Amended by P.L.71-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-10 Repealed


(Repealed by P.L.247-1993, SEC.3.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-11 Government contract procurement through false information


Sec. 11. A person who knowingly or intentionally provides false information to a governmental entity to obtain a contract from the governmental entity commits a Class A misdemeanor. However, the offense is a Class D felony if the provision of false information results in financial loss to the governmental entity.



CREDIT(S)


As added by P.L.29-1993, SEC.5.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-12


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-12 Check fraud


Sec. 12. (a) As used in this section, “financial institution” refers to a state or federally chartered bank, savings bank, savings association, or credit union.


(b) A person who knowingly or intentionally obtains property, through a scheme or artifice, with intent to defraud:


(1) by issuing or delivering a check, a draft, an electronic debit, or an order on a financial institution:


(A) knowing that the check, draft, order, or electronic debit will not be paid or honored by the financial institution upon presentment in the usual course of business;


(B) using false or altered evidence of identity or residence;


(C) using a false or an altered account number; or


(D) using a false or an altered check, draft, order or electronic instrument;


(2) by:


(A) depositing the minimum initial deposit required to open an account; and


(B) either making no additional deposits or making insufficient additional deposits to insure debits to the account; or


(3) by opening accounts with more than one (1) financial institution in either a consecutive or concurrent time period;


commits check fraud, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this section or the aggregate amount of property obtained is at least twenty-five thousand dollars ($25,000).



CREDIT(S)


As added by P.L.161-1994, SEC.1. Amended by P.L.79-1998, SEC.105.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-13


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-13 Deception involving out of hospital do not resuscitate declarations


Sec. 13. Certain offenses concerning forgery and other deceptions involving out of hospital do not resuscitate declarations and orders are described in IC 16-36-5.



CREDIT(S)


As added by P.L.148-1999, SEC.13.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-14 Possession of fraudulent sales document


Sec. 14. (a) A person who, with intent to defraud, possesses:


(1) a retail sales receipt;


(2) a label or other item with a universal product code (UPC); or


(3) a label or other item that contains a product identification code that applies to an item other than the items to which the label or other item applies;


commits possession of a fraudulent sales document, a Class A misdemeanor.


(b) The offense under subsection (a) is a Class D felony if the person possesses at least fifteen (15):


(1) retail sales receipts;


(2) labels containing a universal product code (UPC);


(3) labels containing another product identification code; or


(4) of any combination of the items described in subdivisions (1) through (3).



CREDIT(S)


As added by P.L.84-2001, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-15


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-15 Possession of a fraudulent sales document manufacturing device


Sec. 15. A person who, with intent to defraud, possesses a device to make retail sales receipts, universal product codes (UPC), or other product identification codes, commits possession of a fraudulent sales document manufacturing device, a Class A misdemeanor.



CREDIT(S)


As added by P.L.84-2001, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-16


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-16 Making a false sales document


Sec. 16. A person who, with intent to defraud:


(1) makes or puts a false universal product code (UPC) or another product identification code on property displayed or offered for sale; or


(2) makes a false sales receipt;


commits making a false sales document, a Class D felony.



CREDIT(S)


As added by P.L.84-2001, SEC.5.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-17


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-17 Delivery of a false sales document


Sec. 17. A person who, with intent to defraud, delivers a:


(1) false sales receipt;


(2) duplicate of a sales receipt; or


(3) label or other item with a false universal product code (UPC) or other product identification code;


to another person commits delivery of a false sales document, a Class D felony.



CREDIT(S)


As added by P.L.84-2001, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-18


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-18 Possession of device or substance to interfere with drug or alcohol screening test


Sec. 18. A person who knowingly or intentionally possesses a:


(1) device; or


(2) substance;


designed or intended to be used to interfere with a drug or alcohol screening test commits possession of a device or substance used to interfere with a drug or alcohol screening test, a Class B misdemeanor.



CREDIT(S)


As added by P.L.171-2005, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-19


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-19 Interference with a drug or alcohol screening test


Sec. 19. A person who interferes with or attempts to interfere with a drug or alcohol screening test by:


(1) using a:


(A) device; or


(B) substance;


(2) substituting a human bodily substance that is tested in a drug or alcohol screening test; or


(3) adulterating a substance used in a drug or alcohol screening test;


commits interfering with a drug or alcohol screening test, a Class B misdemeanor.



CREDIT(S)


As added by P.L.171-2005, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-5-20


Effective: July 1, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 5. Forgery, Fraud, and Other Deceptions

35-43-5-20 Inmate fraud


Sec. 20. (a) As used in this section, “inmate” means a person who is confined in:


(1) the custody of:


(A) the department of correction; or


(B) a sheriff;


(2) a county jail; or


(3) a secure juvenile facility.


(b) An inmate who, with the intent of obtaining money or other property from a person who is not an inmate, knowingly or intentionally:


(1) makes a misrepresentation to a person who is not an inmate and obtains or attempts to obtain money or other property from the person who is not an inmate; or


(2) obtains or attempts to obtain money or other property from the person who is not an inmate through a misrepresentation made by another person;


commits inmate fraud, a Class C felony.



CREDIT(S)


As added by P.L. 81-2008, SEC.5.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 43, Ch. 6, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-1 Application of chapter


Sec. 1. This chapter applies only to residential property, which means real property used in whole or in part as a dwelling by a consumer and includes all fixtures to, structures on, and improvements to the real property.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-2 “Consumer” defined


Sec. 2. As used in the chapter, “consumer” means an individual who owns, leases, or rents the residential property that is the subject of a home improvement contract.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-3 “Home improvement” defined


Sec. 3. As used in this chapter, “home improvement” means any alteration, repair, or other modification of residential property. However, this chapter does not apply to the original construction of a dwelling.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-4 “Home improvement contract” defined


Sec. 4. As used in this chapter, “home improvement contract” means an oral or written agreement between a home improvement supplier and a consumer to make a home improvement and for which the contract price exceeds one hundred fifty dollars ($150). Multiple contracts entered into by a home improvement supplier with a consumer are considered a home improvement contract for the purposes of this chapter if the multiple contracts arise from the same transaction.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-5 “Home improvement contract price” defined


Sec. 5. As used in this chapter, “home improvement contract price” means the amount actually charged for the services, materials, and work to be performed under the home improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the home improvement.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-6 “Home improvement supplier” defined


Sec. 6. As used in this chapter, “home improvement supplier” means a person who engages in or solicits home improvement contracts whether or not the person deals directly with the consumer.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-7 “Person” defined


Sec. 7. As used in this chapter, “person” means an individual, corporation, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-8 Unconscionable contract


Sec. 8. For the purposes of this chapter, a home improvement contract is unconscionable if an unreasonable difference exists between the fair market value of the services, materials, and work performed or to be performed and the home improvement contract price.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-9 Prima facie unconscionability


Sec. 9. For the purposes of this chapter, a home improvement contract price in excess of four (4) times greater than the fair market value of the services, materials, or work performed or to be performed is prima facie evidence of an unconscionable home improvement contract.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-10


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-10 Fair market value of improvement


Sec. 10. For the purposes of this chapter, the fair market value of a home improvement is that amount which in commercial judgment or under usage of trade would be reasonable for services, materials, and work of similar quality and workmanship.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-11 Determination of fair market value


Sec. 11. For the purposes of this chapter, fair market value shall be determined as of the time either the home improvement contract was formed or at the time any of the work commenced under the home improvement contract, whichever is earlier. However, if such evidence is not readily available, the fair market value prevailing within any reasonable time before or after the time described, which in commercial judgment or under usage of trade would serve as a reasonable substitute, may be used.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-12


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-12 Home improvement fraud; offense


Sec. 12. (a) A home improvement supplier who enters into a home improvement contract and knowingly:


(1) misrepresents a material fact relating to:


(A) the terms of the home improvement contract; or


(B) a preexisting or existing condition of any part of the property involved, including a misrepresentation concerning the threat of:


(i) fire; or


(ii) structural damage;


if the property is not repaired;


(2) creates or confirms a consumer's impression that is false and that the home improvement supplier does not believe to be true;


(3) promises performance that the home improvement supplier does not intend to perform or knows will not be performed;


(4) uses or employs any deception, false pretense, or false promise to cause a consumer to enter into a home improvement contract;


(5) enters into an unconscionable home improvement contract with a home improvement contract price of four thousand dollars ($4,000) or more, but less than seven thousand dollars ($7,000);


(6) misrepresents or conceals the home improvement supplier's:


(A) real name;


(B) business name;


(C) physical or mailing business address; or


(D) telephone number;


(7) upon request by the consumer, fails to provide the consumer with any copy of a written warranty or guarantee that states:


(A) the length of the warranty or guarantee;


(B) the home improvement that is covered by the warranty or guarantee; or


(C) how the consumer could make a claim for a repair under the warranty or guarantee;


(8) uses a product in a home improvement that has been diluted, modified, or altered in a manner that would void the manufacturer's warranty of the product without disclosing to the consumer the reasons for the dilution, modification, or alteration and that the manufacturer's warranty may be compromised; or


(9) falsely claims to a consumer that the home improvement supplier:


(A) was referred to the consumer by a contractor who previously worked for the consumer;


(B) is licensed, certified, or insured; or


(C) has obtained all necessary permits or licenses before starting a home improvement;


commits home improvement fraud, a Class B misdemeanor, except as provided in section 13 of this chapter.


(b) A home improvement supplier who, with the intent to enter into a home improvement contract, knowingly:


(1) damages the property of a consumer;


(2) does work on the property of a consumer without the consumer's prior authorization;


(3) misrepresents that the supplier or another person is an employee or agent of the federal government, the state, a political subdivision of the state, or any other governmental agency or entity; or


(4) misrepresents that the supplier or another person is an employee or agent of any public or private utility;


commits a Class A misdemeanor, except as provided in section 13(b) of this chapter.



CREDIT(S)


As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-13


Effective: March 30, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-13 Enhanced offenses


Sec. 13. (a) The offense in section 12(a) of this chapter is a Class A misdemeanor:


(1) in the case of an offense under section 12(a)(1) through 12(a)(4) or 12(a)(6) through 12(a)(9), if the home improvement contract price is one thousand dollars ($1,000) or more;


(2) for the second or subsequent offense under this chapter or in another jurisdiction for an offense that is substantially similar to another offense described in this chapter;


(3) if two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention; or


(4) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is at least seven thousand dollars ($7,000), but less than ten thousand dollars ($10,000).


(b) The offense in section 12 of this chapter is a Class D felony:


(1) if, in a violation of section 12(a)(5) of this chapter, the home improvement contract price is more than ten thousand dollars ($10,000);


(2) if, in a violation of:


(A) section 12(a)(1) through 12(a)(5); or


(B) section 12(a)(7) through 12(a)(9);


of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is ten thousand dollars ($10,000) or less;


(3) if, in a violation of section 12(b) of this chapter, the consumer is at least sixty (60) years of age; or


(4) if the home improvement supplier violates more than one (1) subdivision of section 12(a) of this chapter.


(c) The offense in section 12(a) of this chapter is a Class C felony:


(1) if, in a violation of:


(A) section 12(a)(1) through 12(a)(5); or


(B) section 12(a)(7) through 12(a)(9);


of this chapter, the consumer is at least sixty (60) years of age and the home improvement contract price is more than ten thousand dollars ($10,000); or


(2) if, in a violation of:


(A) section 12(a)(1) through 12(a)(4); or


(B) section 12(a)(7) through 12(a)(9);


of this chapter, the consumer is at least sixty (60) years of age, and two (2) or more home improvement contracts exceed an aggregate amount of one thousand dollars ($1,000) and are entered into with the same consumer by one (1) or more suppliers as part of or in furtherance of a common fraudulent scheme, design, or intention.



CREDIT(S)


As added by P.L.251-1987, SEC.4. Amended by P.L.81-2006, SEC.2; P.L.1-2007, SEC.232, eff. March 30, 2007.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-6-14


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 6. Home Improvement Fraud (Refs & Annos)

35-43-6-14 Defense


Sec. 14. For the purposes of section 13 of this chapter, it is not a defense to home improvement fraud committed against a consumer who is at least sixty (60) years of age that the supplier reasonably believed the consumer to be an individual less than sixty (60) years of age.



CREDIT(S)


As added by P.L.251-1987, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-7-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 7. Impairment of Identification

35-43-7-1 “Consent of the original manufacturer” defined


Sec. 1. As used in this chapter, “consent of the original manufacturer” includes consent:


(1) directly from the original manufacturer;


(2) from an appointed direct representative of the original manufacturer; or


(3) from a person operating under specific authorization of the original manufacturer.



CREDIT(S)


As added by P.L.294-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-7-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 7. Impairment of Identification

35-43-7-2 “Identification number” defined


Sec. 2. As used in this chapter, “identification number” means a number, letter, or number and letter assigned to a product by the manufacturer of the product for the purpose of identifying the item.



CREDIT(S)


As added by P.L.294-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-7-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 7. Impairment of Identification

35-43-7-3 “Product” defined


Sec. 3. As used in this chapter, “product” means the following items:


(1) Radio.


(2) Piano.


(3) Phonograph.


(4) Sewing machine.


(5) Washing machine.


(6) Typewriter.


(7) Adding machine.


(8) Comptometer.


(9) Bicycle.


(10) Safe.


(11) Vacuum cleaner.


(12) Dictaphone.


(13) Watch.


(14) Watch movement.


(15) Watch case.


(16) Any mechanical or electrical device, appliance, contrivance, material, piece of apparatus, or equipment not described in subdivisions (1) through (15).


(17) Integrated chip or panel.


(18) Printed circuit.


(19) Any other part of a computer.



CREDIT(S)


As added by P.L.294-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-7-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 7. Impairment of Identification

35-43-7-4 Impairment of identification


Sec. 4. A person who intentionally or knowingly conceals, alters, damages, or removes an identification number of a product with the intent to conceal the identity of the product and without the consent of the original manufacturer of the product commits impairment of identification, a Class A misdemeanor.



CREDIT(S)


As added by P.L.294-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-7-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 7. Impairment of Identification

35-43-7-5 Receiving unidentified property


Sec. 5. A person who intentionally or knowingly receives or possesses a product on which the identification number of the product has been concealed, altered, damaged, or removed with the intent to conceal the identity of the product and without the consent of the original manufacturer of the product commits receiving unidentified property, a Class A misdemeanor.



CREDIT(S)


As added by P.L.294-1989, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-8-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 8. Timber Spiking

35-43-8-1 “Timber” defined


Sec. 1. As used in this chapter, “timber” includes standing or felled trees and logs that can be used for any of the following:


(1) Sawing or processing into lumber for building or structural purposes.


(2) Posts, poles, bolts, pulpwood, or cordwood.


(3) The manufacture of wood products.



CREDIT(S)


As added by P.L.139-1992, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-8-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 8. Timber Spiking

35-43-8-2 Criminal offense; punishment


Sec. 2. A person who recklessly, knowingly, or intentionally, without claim or right or consent of the owner, drives, places, or fastens in timber a device of metal, ceramic, or other substance sufficiently hard to damage equipment used in the processing of timber into wood products, with the intent to hinder the felling, logging, or processing of timber, is guilty of a crime and may be sentenced under this chapter.



CREDIT(S)


As added by P.L.139-1992, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-8-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 8. Timber Spiking

35-43-8-3 Penalties; attorney fees and restitution


Sec. 3. (a) A person who violates section 2 of this chapter commits a Class C felony if the violation causes bodily injury to another person.


(b) A person who violates section 2 of this chapter commits a Class D felony if the violation does not cause bodily injury to another person.


(c) In addition to a penalty imposed under subsection (a) or (b), the court may order a person convicted of violating section 2 of this chapter to pay attorney's fees and restitution to the owner of property damaged because of the action of the person.



CREDIT(S)


As added by P.L.139-1992, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-8-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 8. Timber Spiking

35-43-8-4 Infractions


Sec. 4. A person commits a Class A infraction who:


(1) possesses a device of metal, ceramic, or other substance commonly used to damage saws, wood processing, manufacturing, or transportation equipment with the intent to use the device to hinder the logging or the processing of timber; or


(2) possesses a chemical or biological substance, mechanical equipment, or a tool with the intent to use the substance, equipment, or tool or permit the use of the substance, equipment, or tool to damage timber processing, manufacturing, or transportation equipment.



CREDIT(S)


As added by P.L.139-1992, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 43, Ch. 9, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-1 “Party” defined


Sec. 1. As used in this chapter, “party” means an individual who is:


(1) buying;


(2) selling; or


(3) refinancing;


a dwelling in a residential real property transaction.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-2 “Person” defined


Sec. 2. As used in this chapter, “person” means an individual, a corporation, a limited liability company, a partnership, a firm, an association, or another organization.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-3 “Residential real property transaction” defined


Sec. 3. As used in this chapter, “residential real property transaction” means the purchase, sale, or refinancing of a dwelling that has been or will be the residence of a party in the purchase, sale, or refinancing.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-4 “Title insurance agent” defined


Sec. 4. As used in this chapter, “title insurance agent” means a person who holds a limited lines producer's license issued under IC 27-1-15.6-18(4) and disburses funds from a title insurance escrow account to a party in connection with a residential real property transaction.



CREDIT(S)


As added by P.L.300-1995, SEC.2. Amended by P.L.132-2001, SEC.25; P.L.178-2003, SEC.97.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-5 “Title insurance escrow account” defined


Sec. 5. As used in this chapter, “title insurance escrow account” means an account in which written instruments, money, or other items are deposited and held in escrow or trust for disbursement to a party in connection with a residential real property transaction upon the performance of a specified condition or the happening of a certain event.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-6


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-6 “Title insurer” defined


Sec. 6. As used in this chapter, “title insurer” means a person holding a valid certificate of authority issued under IC 27-7-3-6.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-7


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-7 Violations


Sec. 7. (a) An officer, a director, or an employee of a title insurer, an individual associated with the title insurer as an independent contractor, or a title insurance agent who knowingly or intentionally:


(1) converts or misappropriates money received or held in a title insurance escrow account; or


(2) receives or conspires to receive money described in subdivision (1);


commits a Class D felony, except as provided in subsection (b).


(b) The offense is:


(1) a Class C felony if the amount of money:


(A) converted, misappropriated, or received; or


(B) for which there is a conspiracy;


is more than ten thousand dollars ($10,000) but less than one hundred thousand dollars ($100,000); and


(2) a Class B felony if the amount of money:


(A) converted, misappropriated, or received; or


(B) for which there is a conspiracy;


is at least one hundred thousand dollars ($100,000).



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-8 Notice of conviction


Sec. 8. The court shall direct the clerk of court to notify the Indiana department of insurance about a conviction of an offense under section 7 of this chapter.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-9-9


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 9. Conversion or Misappropriation of Title Insurance Escrow Funds (Refs & Annos)

35-43-9-9 Restitution


Sec. 9. In addition to any sentence or fine imposed for a conviction of an offense in section 7 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime pursuant to IC 35-50-5-3.



CREDIT(S)


As added by P.L.300-1995, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-10-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 10. Legend Drug Deception

35-43-10-1 Applicability of IC 25-26-14 definitions


Sec. 1. The definitions in IC 25-26-14 apply throughout this chapter.



CREDIT(S)


As added by P.L.212-2005, SEC.76, eff. Jan. 1, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-10-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 10. Legend Drug Deception

35-43-10-2 Application of chapter; exclusion


Sec. 2. Except as provided by federal law or regulation, this chapter does not apply to a pharmaceutical manufacturer that is approved by the federal Food and Drug Administration.



CREDIT(S)


As added by P.L.212-2005, SEC.76, eff. Jan. 1, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-10-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 10. Legend Drug Deception

35-43-10-3 Legend drug deception; penalty


Sec. 3. A person who knowingly or intentionally:


(1) possesses a contraband legend drug;


(2) sells, delivers, or possesses with intent to sell or deliver a contraband legend drug;


(3) forges, counterfeits, or falsely creates a label for a legend drug or falsely represents a factual matter contained on a label of a legend drug; or


(4) manufactures, purchases, sells, delivers, brings into Indiana, or possesses a contraband legend drug;


commits legend drug deception, a Class D felony.



CREDIT(S)


As added by P.L.212-2005, SEC.76, eff. Jan. 1, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-43-10-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 43. Offenses Against Property

Chapter 10. Legend Drug Deception

35-43-10-4 Legend drug deception resulting in death; penalty


Sec. 4. A person:


(1) who knowingly or intentionally manufactures, purchases, sells, delivers, brings into Indiana, or possesses a contraband legend drug; and


(2) whose act under subdivision (1) results in the death of an individual;


commits legend drug deception resulting in death, a Class A felony.



CREDIT(S)


As added by P.L.212-2005, SEC.76, eff. Jan. 1, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 44, Ch. 1, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-0.1 Repealed by P.L.63-2012, SEC.54; P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-1 to 35-44-1-3 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-1-1

35-44.1-1-2

35-44-1-2

35-44.1-1-1

35-44-1-3

35-44.1-1-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-1 to 35-44-1-3 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-1-1

35-44.1-1-2

35-44-1-2

35-44.1-1-1

35-44-1-3

35-44.1-1-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-1 to 35-44-1-3 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-1-1

35-44.1-1-2

35-44-1-2

35-44.1-1-1

35-44-1-3

35-44.1-1-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-4 Repealed


(Repealed by P.L.329-1983, SEC.2.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-5 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-1-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct (Refs & Annos)

35-44-1-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-0.1 Repealed by P.L.63-2012, SEC.55; P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-2-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 2. Perjury, False Reporting, Impersonation, and Ghost Employment

35-44-2-1 to 35-44-2-6 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-2-1

35-44.1-2-1

35-44-2-2

35-44.1-2-3

35-44-2-3

35-44.1-2-6

35-44-2-4

35-44.1-1-3

35-44-2-5

35-44.1-2-8

35-44-2-6

35-44.1-2-4

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-0.1 Repealed by P.L.63-2012, SEC.56; P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-1 Repealed


(Repealed by Acts 1978, P.L.144, SEC.13.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-3.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-6.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-2 to 35-44-3-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Repealed Section

New Section

35-44-3-2

35-44.1-2-5

35-44-3-3

35-44.1-3-1

35-44-3-3.5

35-44.1-3-2

35-44-3-4

35-44.1-2-2

35-44-3-5

35-44.1-3-4

35-44-3-6

35-44.1-2-9

35-44-3-6.5

35-44.1-2-10

35-44-3-7

35-44.1-3-3

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-8


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8 Repealed


(Repealed by P.L.191-2001, Sec.2.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-8.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-9


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-9.3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-9.5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-9.6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-10


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-8.5 to 35-44-3-10 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-8.5

35-44.1-4-9

35-44-3-9

35-44.1-3-5

35-44-3-9.3

35-44.1-3-6

35-44-3-9.5

35-44.1-3-7

35-44-3-9.6

35-44.1-3-8

35-44-3-10

35-44.1-2-11

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-11


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-11 Repealed


(Repealed by Acts 1977, P.L.342, SEC.2.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-11.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-11.1 to 35-44-3-13 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-11.1

35-44.1-2-12

35-44-3-12

35-44.1-2-7

35-44-3-13

35-44.1-3-9

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-12


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-11.1 to 35-44-3-13 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-11.1

35-44.1-2-12

35-44-3-12

35-44.1-2-7

35-44-3-13

35-44.1-3-9

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-3-13


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

35-44-3-11.1 to 35-44-3-13 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


DISPOSITION TABLE


Showing where subject matter of repealed sections is now covered in new sections of West's Annotated Indiana Code.


Former Provision

Current Provision

35-44-3-11.1

35-44.1-2-12

35-44-3-12

35-44.1-2-7

35-44-3-13

35-44.1-3-9

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-4-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 4. Interference with a Firefighter

35-44-4-1 to 35-44-4-8 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44-5-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44. Offenses Against Public Administration

Chapter 5. Offenses Relating to Illegal Aliens

35-44-5-1 to 35-44-5-7 Repealed by P.L.126-2012, SEC.53, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-1-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 1. General Public Administration

35-44.1-1-1 Official misconduct


Sec. 1. A public servant who knowingly or intentionally:


(1) commits an offense in the performance of the public servant's official duties;


(2) solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment;


(3) acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant's office that official action that has not been made public is contemplated; or


(4) fails to deliver public records and property in the public servant's custody to the public servant's successor in office when that successor qualifies;


commits official misconduct, a Class D felony.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-1-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 1. General Public Administration

35-44.1-1-2 Bribery


Sec. 2. (a) A person who:


(1) confers, offers, or agrees to confer on a public servant, either before or after the public servant becomes appointed, elected, or qualified, any property, except property the public servant is authorized by law to accept, with intent to control the performance of an act related to the employment or function of the public servant or because of any official act performed or to be performed by the public servant, former public servant, or person selected to be a public servant;


(2) being a public servant, solicits, accepts, or agrees to accept, either before or after the person becomes appointed, elected, or qualified, any property, except property the person is authorized by law to accept, with intent to control the performance of an act related to the person's employment or function as a public servant;


(3) confers, offers, or agrees to confer on a person any property, except property the person is authorized by law to accept, with intent to cause that person to control the performance of an act related to the employment or function of a public servant;


(4) solicits, accepts, or agrees to accept any property, except property the person is authorized by law to accept, with intent to control the performance of an act related to the employment or function of a public servant;


(5) confers, offers, or agrees to confer any property on a person participating or officiating in, or connected with, an athletic contest, sporting event, or exhibition, with intent that the person will fail to use the person's best efforts in connection with that contest, event, or exhibition;


(6) being a person participating in, officiating in, or connected with an athletic contest, sporting event, or exhibition, solicits, accepts, or agrees to accept any property with intent that the person will fail to use the person's best efforts in connection with that contest, event, or exhibition;


(7) being a witness or informant in an official proceeding or investigation, solicits, accepts, or agrees to accept any property, with intent to:


(A) withhold any testimony, information, document, or thing;


(B) avoid legal process summoning the person to testify or supply evidence; or


(C) absent the person from the proceeding or investigation to which the person has been legally summoned;


(8) confers, offers, or agrees to confer any property on a witness or informant in an official proceeding or investigation, with intent that the witness or informant:


(A) withhold any testimony, information, document, or thing;


(B) avoid legal process summoning the witness or informant to testify or supply evidence; or


(C) absent himself or herself from any proceeding or investigation to which the witness or informant has been legally summoned; or


(9) confers or offers or agrees to confer any property on an individual for:


(A) casting a ballot or refraining from casting a ballot; or


(B) voting for a political party, for a candidate, or for or against a public question;


in an election described in IC 3-5-1-2 or at a convention of a political party authorized under IC 3;


commits bribery, a Class C felony.


(b) It is not a defense that the person whom the accused person sought to control was not qualified to act in the desired way.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-1-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 1. General Public Administration

35-44.1-1-3 Ghost employment


Sec. 3. (a) A public servant who knowingly or intentionally:


(1) hires an employee for the governmental entity that the public servant serves; and


(2) fails to assign to the employee any duties, or assigns to the employee any duties not related to the operation of the governmental entity;


commits ghost employment, a Class D felony.


(b) A public servant who knowingly or intentionally assigns to an employee under the public servant's supervision any duties not related to the operation of the governmental entity that the public servant serves commits ghost employment, a Class D felony.


(c) A person employed by a governmental entity who, knowing that the person has not been assigned any duties to perform for the entity, accepts property from the entity commits ghost employment, a Class D felony.


(d) A person employed by a governmental entity who knowingly or intentionally accepts property from the entity for the performance of duties not related to the operation of the entity commits ghost employment, a Class D felony.


(e) Any person who accepts property from a governmental entity in violation of this section and any public servant who permits the payment of property in violation of this section are jointly and severally liable to the governmental entity for that property. The attorney general may bring a civil action to recover that property in the county where the governmental entity is located or the person or public servant resides.


(f) For the purposes of this section, an employee of a governmental entity who voluntarily performs services:


(1) that do not:


(A) promote religion;


(B) attempt to influence legislation or governmental policy; or


(C) attempt to influence elections to public office;


(2) for the benefit of:


(A) another governmental entity; or


(B) an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;


(3) with the approval of the employee's supervisor; and


(4) in compliance with a policy or regulation that:


(A) is in writing;


(B) is issued by the executive officer of the governmental entity; and


(C) contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment;


is considered to be performing duties related to the operation of the governmental entity.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-1-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 1. General Public Administration

35-44.1-1-4 Conflict of interest


Sec. 4. (a) The following definitions apply throughout this section:


(1) “Dependent” means any of the following:


(A) The spouse of a public servant.


(B) A child, stepchild, or adoptee (as defined in IC 31-9-2-2) of a public servant who is:


(i) unemancipated; and


(ii) less than eighteen (18) years of age.


(C) An individual more than one-half (   1/2 ) of whose support is provided during a year by the public servant.


(2) “Governmental entity served by the public servant” means the immediate governmental entity being served by a public servant.


(3) “Pecuniary interest” means an interest in a contract or purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the income or net worth of:


(A) the public servant; or


(B) a dependent of the public servant who:


(i) is under the direct or indirect administrative control of the public servant; or


(ii) receives a contract or purchase order that is reviewed, approved, or directly or indirectly administered by the public servant.


(b) A public servant who knowingly or intentionally:


(1) has a pecuniary interest in; or


(2) derives a profit from;


a contract or purchase connected with an action by the governmental entity served by the public servant commits conflict of interest, a Class D felony.


(c) It is not an offense under this section if any of the following apply:


(1) The public servant or the public servant's dependent receives compensation through salary or an employment contract for:


(A) services provided as a public servant; or


(B) expenses incurred by the public servant as provided by law.


(2) The public servant's interest in the contract or purchase and all other contracts and purchases made by the governmental entity during the twelve (12) months before the date of the contract or purchase was two hundred fifty dollars ($250) or less.


(3) The contract or purchase involves utility services from a utility whose rate structure is regulated by the state or federal government.


(4) The public servant:


(A) acts in only an advisory capacity for a state supported college or university; and


(B) does not have authority to act on behalf of the college or university in a matter involving a contract or purchase.


(5) A public servant under the jurisdiction of the state ethics commission (as provided in IC 4-2-6-2.5) obtains from the state ethics commission, following full and truthful disclosure, written approval that the public servant will not or does not have a conflict of interest in connection with the contract or purchase under IC 4-2-6 and this section. The approval required under this subdivision must be:


(A) granted to the public servant before action is taken in connection with the contract or purchase by the governmental entity served; or


(B) sought by the public servant as soon as possible after the contract is executed or the purchase is made and the public servant becomes aware of the facts that give rise to a question of conflict of interest.


(6) A public servant makes a disclosure that meets the requirements of subsection (d) or (e) and is:


(A) not a member or on the staff of the governing body empowered to contract or purchase on behalf of the governmental entity, and functions and performs duties for the governmental entity unrelated to the contract or purchase;


(B) appointed by an elected public servant;


(C) employed by the governing body of a school corporation and the contract or purchase involves the employment of a dependent or the payment of fees to a dependent;


(D) elected; or


(E) a member of, or a person appointed by, the board of trustees of a state supported college or university.


(7) The public servant is a member of the governing board of, or is a physician employed or contracted by, a hospital organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1.


(d) A disclosure must:


(1) be in writing;


(2) describe the contract or purchase to be made by the governmental entity;


(3) describe the pecuniary interest that the public servant has in the contract or purchase;


(4) be affirmed under penalty of perjury;


(5) be submitted to the governmental entity and be accepted by the governmental entity in a public meeting of the governmental entity before final action on the contract or purchase;


(6) be filed within fifteen (15) days after final action on the contract or purchase with:


(A) the state board of accounts; and


(B) if the governmental entity is a governmental entity other than the state or a state supported college or university, the clerk of the circuit court in the county where the governmental entity takes final action on the contract or purchase; and


(7) contain, if the public servant is appointed, the written approval of the elected public servant (if any) or the board of trustees of a state supported college or university (if any) that appointed the public servant.


(e) This subsection applies only to a person who is a member of, or a person appointed by, the board of trustees of a state supported college or university. A person to whom this subsection applies complies with the disclosure requirements of this chapter with respect to the person's pecuniary interest in a particular type of contract or purchase which is made on a regular basis from a particular vendor if the individual files with the state board of accounts and the board of trustees a statement of pecuniary interest in that particular type of contract or purchase made with that particular vendor. The statement required by this subsection must be made on an annual basis.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-1-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 1. General Public Administration

35-44.1-1-5 Profiteering from public service; pecuniary interest; application


Sec. 5. (a) As used in this section, “pecuniary interest” has the meaning set forth in section 4(a)(3) of this chapter.


(b) A person who knowingly or intentionally:


(1) obtains a pecuniary interest in a contract or purchase with an agency within one (1) year after separation from employment or other service with the agency; and


(2) is not a public servant for the agency but who as a public servant approved, negotiated, or prepared on behalf of the agency the terms or specifications of:


(A) the contract; or


(B) the purchase;


commits profiteering from public service, a Class D felony.


(c) This section does not apply to negotiations or other activities related to an economic development grant, loan, or loan guarantee.


(d) This section does not apply if the person receives less than two hundred fifty dollars ($250) of the profits from the contract or purchase.


(e) It is a defense to a prosecution under this section that:


(1) the person was screened from any participation in the contract or purchase;


(2) the person has not received a part of the profits of the contract or purchase; and


(3) notice was promptly given to the agency of the person's interest in the contract or purchase.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-1 Perjury


Sec. 1. (a) A person who:


(1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true; or


(2) has knowingly made two (2) or more material statements, in a proceeding before a court or grand jury, which are inconsistent to the degree that one (1) of them is necessarily false;


commits perjury, a Class D felony.


(b) In a prosecution under subsection (a)(2):


(1) the indictment or information need not specify which statement is actually false; and


(2) the falsity of a statement may be established sufficiently for conviction by proof that the defendant made irreconcilably contradictory statements which are material to the point in question.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-2 Obstruction of justice


Sec. 2. (a) A person who:


(1) knowingly or intentionally induces, by threat, coercion, or false statement, a witness or informant in an official proceeding or investigation to:


(A) withhold or unreasonably delay in producing any testimony, information, document, or thing;


(B) avoid legal process summoning the person to testify or supply evidence; or


(C) absent the person from a proceeding or investigation to which the person has been legally summoned;


(2) knowingly or intentionally in an official criminal proceeding or investigation:


(A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders the person to produce the testimony, information, document, or thing;


(B) avoids legal process summoning the person to testify or supply evidence; or


(C) absents the person from a proceeding or investigation to which the person has been legally summoned;


(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation;


(4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in an official proceeding or investigation to mislead a public servant; or


(5) communicates, directly or indirectly, with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror;


commits obstruction of justice, a Class D felony.


(b) Subsection (a)(2)(A) does not apply to:


(1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or


(2) a person who, as:


(A) an attorney;


(B) a physician;


(C) a member of the clergy; or


(D) a husband or wife;


is not required to testify under IC 34-46-3-1.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-3 False reporting or informing


Sec. 3. (a) As used in this section, “consumer product” has the meaning set forth in IC 35-45-8-1.


(b) As used in this section, “misconduct” means a violation of a departmental rule or procedure of a law enforcement agency.


(c) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:


(1) the person or another person has placed or intends to place an explosive, a destructive device, or other destructive substance in a building or transportation facility;


(2) there has been or there will be tampering with a consumer product introduced into commerce; or


(3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;


knowing the report to be false, commits false reporting, a Class D felony.


(d) A person who:


(1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;


(2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;


(3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false;


(4) gives a false report concerning a missing child (as defined in IC 10-13-5-4) or missing endangered adult (as defined in IC 12-7-2-131.3) or gives false information in the official investigation of a missing child or missing endangered adult knowing the report or information to be false;


(5) makes a complaint against a law enforcement officer to the state or municipality (as defined in IC 8-1-13-3(b)) that employs the officer:


(A) alleging the officer engaged in misconduct while performing the officer's duties; and


(B) knowing the complaint to be false; or


(6) makes a false report of a missing person, knowing the report or information is false;


commits false informing, a Class B misdemeanor. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-4 False identity statement


Sec. 4. (a) A person who:


(1) with intent to mislead public servants;


(2) in a five (5) year period; and


(3) in one (1) or more official proceedings or investigations;


has knowingly made at least two (2) material statements concerning the person's identity that are inconsistent to the degree that one (1) of them is necessarily false commits false identity statement, a Class A misdemeanor.


(b) It is a defense to a prosecution under this section that the material statements that are the basis of a prosecution under subsection (a) concerning the person's identity are accurate or were accurate in the past.


(c) In a prosecution under subsection (a):


(1) the indictment or information need not specify which statement is actually false; and


(2) the falsity of a statement may be established sufficiently for conviction by proof that the defendant made irreconcilably contradictory statements concerning the person's identity.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-5 Assisting a criminal; defenses


Sec. 5. (a) A person not standing in the relation of parent, child, or spouse to another person who has committed a crime or is a fugitive from justice who, with intent to hinder the apprehension or punishment of the other person, harbors, conceals, or otherwise assists the person commits assisting a criminal, a Class A misdemeanor. However, the offense is:


(1) a Class D felony, if the person assisted has committed a Class B, Class C, or Class D felony; and


(2) a Class C felony, if the person assisted has committed murder or a Class A felony, or if the assistance was providing a deadly weapon.


(b) It is not a defense to a prosecution under this section that the person assisted:


(1) has not been prosecuted for the offense;


(2) has not been convicted of the offense; or


(3) has been acquitted of the offense by reason of insanity.


However, the acquittal of the person assisted for other reasons may be a defense.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-6 Impersonation of a public servant


Sec. 6. A person who falsely represents that the person is a public servant, with intent to mislead and induce another person to submit to false official authority or otherwise to act to the other person's detriment in reliance on the false representation, commits impersonation of a public servant, a Class A misdemeanor. However, a person who falsely represents that the person is:


(1) a law enforcement officer; or


(2) an agent or employee of the department of state revenue, and collects any property from another person;


commits a Class D felony.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-7 Unlawful use of a police radio; exemptions; “police radio” defined


Sec. 7. (a) A person who knowingly or intentionally:


(1) possesses a police radio;


(2) transmits over a frequency assigned for police emergency purposes; or


(3) possesses or uses a police radio:


(A) while committing a crime;


(B) to further the commission of a crime; or


(C) to avoid detection by a law enforcement agency;


commits unlawful use of a police radio, a Class B misdemeanor.


(b) Subsection (a)(1) and (a)(2) do not apply to:


(1) a governmental entity;


(2) a regularly employed law enforcement officer;


(3) a common carrier of persons for hire whose vehicles are used in emergency service;


(4) a public service or utility company whose vehicles are used in emergency service;


(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;


(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;


(7) a person who uses a police radio only in the person's dwelling or place of business;


(8) a person:


(A) who is regularly engaged in newsgathering activities;


(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and


(C) whose name is furnished by the person's employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;


(9) a person engaged in the business of manufacturing or selling police radios; or


(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.


(c) As used in this section, “police radio” means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:


(1) can be installed, maintained, or operated in a vehicle; or


(2) can be operated while it is being carried by an individual.


The term does not include a radio designed for use only in a dwelling.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-8


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-8 Unlawful manufacture or sale of police or fire insignia


Sec. 8. (a) A person who knowingly or intentionally manufactures and sells or manufactures and offers for sale:


(1) an official badge or a replica of an official badge that is currently used by a law enforcement agency or fire department of the state or of a political subdivision of the state; or


(2) a document that purports to be an official employment identification that is used by a law enforcement agency or fire department of the state or of a political subdivision of the state;


without the written permission of the chief executive officer of the law enforcement agency commits unlawful manufacture or sale of a police or fire insignia, a Class A misdemeanor.


(b) However, the offense described in subsection (a) is:


(1) a Class D felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to further the commission of an offense under section 6 of this chapter; and


(2) a Class B felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to further the commission of an offense under IC 35-47-12.


(c) It is a defense to a prosecution under subsection (a)(1) if the area of the badge or replica that is manufactured and sold or manufactured and offered for sale as measured by multiplying the greatest length of the badge by the greatest width of the badge is:


(1) less than fifty percent (50%); or


(2) more than one hundred fifty percent (150%);


of the area of an official badge that is used by a law enforcement agency or fire department of the state or a political subdivision of the state as measured by multiplying the greatest length of the official badge by the greatest width of the official badge.



CREDIT(S)


As added by P.L.126-2012, SEC.54. Amended by P.L.13-2013, SEC.140, eff. April 1, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-9


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-9 Failure to appear


Sec. 9. (a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A misdemeanor. However, the offense is a Class D felony if the charge was a felony charge.


(b) It is no defense that the accused person was not convicted of the crime with which the person was originally charged.


(c) This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-10


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-10 Failure to respond to a summons


Sec. 10. (a) A person who, having been issued:


(1) a complaint and summons in connection with an infraction or ordinance violation; or


(2) a summons, or summons and promise to appear, in connection with a misdemeanor violation;


notifying the person to appear at a specific time and place, intentionally fails to appear at the specified time and place commits failure to respond to a summons, a Class C misdemeanor.


(b) It is no defense that judgment was entered in favor of the person in the infraction or ordinance proceeding or that the person was acquitted of the misdemeanor for which the person was summoned to appear.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-11


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-11 Interference with jury service


Sec. 11. A person who knowingly or intentionally:


(1) dismisses an employee;


(2) deprives an employee of employment benefits; or


(3) threatens such a dismissal or deprivation;


because the employee has received or responded to a summons, served as a juror, or attended court for prospective jury service commits interference with jury service, a Class B misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-2-12


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 2. Interference with General Government Operations

35-44.1-2-12 Interference with witness service


Sec. 12. A person who knowingly or intentionally:


(1) dismisses an employee;


(2) deprives an employee of employment benefits; or


(3) threatens such a dismissal or deprivation;


because the employee has received or responded to a subpoena in a criminal proceeding commits interference with witness service, a Class B misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-1 Resisting law enforcement; mandatory sentence


Sec. 1. (a) A person who knowingly or intentionally:


(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;


(2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or


(3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop;


commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (b).


(b) The offense under subsection (a) is a:


(1) Class D felony if:


(A) the offense is described in subsection (a)(3) and the person uses a vehicle to commit the offense; or


(B) while committing any offense described in subsection (a), the person draws or uses a deadly weapon, inflicts bodily injury on or otherwise causes bodily injury to another person, or operates a vehicle in a manner that creates a substantial risk of bodily injury to another person;


(2) Class C felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes serious bodily injury to another person;


(3) Class B felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of another person; and


(4) Class A felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of a law enforcement officer while the law enforcement officer is engaged in the officer's official duties.


(c) For purposes of this section, a law enforcement officer includes an enforcement officer of the alcohol and tobacco commission and a conservation officer of the department of natural resources.


(d) If a person uses a vehicle to commit a felony offense under subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal penalty imposed for the offense, the court shall impose a minimum executed sentence of at least:


(1) thirty (30) days, if the person does not have a prior unrelated conviction under this section;


(2) one hundred eighty (180) days, if the person has one (1) prior unrelated conviction under this section; or


(3) one (1) year, if the person has two (2) or more prior unrelated convictions under this section.


(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the mandatory minimum sentence imposed under subsection (d) may not be suspended.


(f) If a person is convicted of an offense involving the use of a motor vehicle under:


(1) subsection (b)(1)(A), if the person exceeded the speed limit by at least twenty (20) miles per hour while committing the offense;


(2) subsection (b)(2); or


(3) subsection (b)(3);


the court may notify the bureau of motor vehicles to suspend or revoke the person's driver's license and all certificates of registration and license plates issued or registered in the person's name in accordance with IC 9-30-4-6(b)(3) for the period described in IC 9-30-4-6(d)(4) or IC 9-30-4-6(d)(5). The court shall inform the bureau whether the person has been sentenced to a term of incarceration. At the time of conviction, the court may obtain the person's current driver's license and return the license to the bureau of motor vehicles.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-2 Disarming a law enforcement officer


Sec. 2. (a) As used in this section, “officer” includes the following:


(1) A person employed by:


(A) the department of correction;


(B) a law enforcement agency;


(C) a probation department;


(D) a county jail; or


(E) a circuit, superior, county, probate, city, or town court;


who is required to carry a firearm in performance of the person's official duties.


(2) A law enforcement officer.


(b) A person who:


(1) knows that another person is an officer; and


(2) knowingly or intentionally takes or attempts to take a firearm (as defined in IC 35-47-1-5) or weapon that the officer is authorized to carry from the officer or from the immediate proximity of the officer:


(A) without the consent of the officer; and


(B) while the officer is engaged in the performance of the officer's official duties;


commits disarming a law enforcement officer, a Class C felony. However, the offense is a Class B felony if it results in serious bodily injury to the officer, and the offense is a Class A felony if it results in death to the officer or if a firearm (as defined in IC 35-47-1-5) was taken and the offense results in serious bodily injury to the officer.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-3 Refusal to aid an officer


Sec. 3. A person who, when ordered by a law enforcement officer to assist the officer in the execution of the officer's duties, knowingly or intentionally, and without a reasonable cause, refuses to assist commits refusal to aid an officer, a Class B misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-4 Escape; failure to return to lawful detention following temporary leave


Sec. 4. (a) A person, except as provided in subsection (b), who intentionally flees from lawful detention commits escape, a Class C felony. However, the offense is a Class B felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.


(b) A person who knowingly or intentionally violates a home detention order or intentionally removes an electronic monitoring device or GPS tracking device commits escape, a Class D felony.


(c) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Class D felony. However, the offense is a Class C felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-5


Effective: March 27, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-5 Trafficking with an inmate or child


Sec. 5. (a) As used in this section, “juvenile facility” means the following:


(1) A secure facility (as defined in IC 31-9-2-114) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child.


(2) A shelter care facility (as defined in IC 31-9-2-117) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child.


(b) Except as provided in subsection (d), a person who, without the prior authorization of the person in charge of a penal facility or juvenile facility knowingly or intentionally:


(1) delivers, or carries into the penal facility or juvenile facility with intent to deliver, an article to an inmate or child of the facility;


(2) carries, or receives with intent to carry out of the penal facility or juvenile facility, an article from an inmate or child of the facility; or


(3) delivers, or carries to a worksite with the intent to deliver, alcoholic beverages to an inmate or child of a jail work crew or community work crew;


commits trafficking with an inmate, a Class A misdemeanor. However, the offense is a Class C felony under subdivision (1) or (2) if the article is a controlled substance, a deadly weapon, or a cellular telephone or other wireless or cellular communications device.


(c) If:


(1) the person who committed the offense under subsection (b) is an employee of:


(A) the department of correction; or


(B) a penal facility;


and the article is a cigarette or tobacco product (as defined in IC 6-7-2-5), the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than five thousand dollars ($5,000) under IC 35-50-3-2 in addition to any term of imprisonment imposed under IC 35-50-3-2; or


(2) a person is convicted of committing a Class C felony under subsection (b)(1) or (b)(2) because the article was a cellular telephone or other wireless or cellular communication device, the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than ten thousand dollars ($10,000) under IC 35-50-2-6(a) in addition to any term of imprisonment imposed on the person under IC 35-50-2-6(a).


(d) A person who:


(1) is not an inmate of a penal facility or a child of a juvenile facility; and


(2) knowingly or intentionally possesses in, or carries or causes to be brought into, the penal facility or juvenile facility a deadly weapon without the prior authorization of the person in charge of the penal facility or juvenile facility;


commits a Class D felony.



CREDIT(S)


As added by P.L.126-2012, SEC.54. Amended by P.L.5-2013, SEC.1, eff. March 27, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-6 Trafficking with an inmate outside a facility


Sec. 6. (a) As used in this section, “contraband” means the following:


(1) Alcohol.


(2) A cigarette or tobacco product.


(3) A controlled substance.


(4) An item that may be used as a weapon.


(b) As used in this section, “inmate outside a facility” means a person who is incarcerated in a penal facility or detained in a juvenile facility on a full-time basis as the result of a conviction or a juvenile adjudication but who has been or is being transported to another location to participate in or prepare for a judicial proceeding. The term does not include the following:


(1) An adult or juvenile pretrial detainee.


(2) A person serving an intermittent term of imprisonment or detention.


(3) A person serving a term of imprisonment or detention as:


(A) a condition of probation;


(B) a condition of a community corrections program;


(C) part of a community transition program;


(D) part of a reentry court program;


(E) part of a work release program; or


(F) part of a community based program that is similar to a program described in clauses (A) through (E).


(4) A person who has escaped from incarceration or walked away from secure detention.


(5) A person on temporary leave (as described in IC 11-10-9) or temporary release (as described in IC 11-10-10).


(c) A person who, with the intent of providing contraband to an inmate outside a facility:


(1) delivers contraband to an inmate outside a facility; or


(2) places contraband in a location where an inmate outside a facility could obtain the contraband;


commits trafficking with an inmate outside a facility, a Class A misdemeanor. However, the offense is a Class D felony if the contraband is an item described in subsection (a)(3), and a Class C felony if the contraband is an item described in subsection (a)(4).



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-7 Possessing material capable of causing bodily injury by an inmate


Sec. 7. A person who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other material that:


(1) is used; or


(2) is intended to be used;


in a manner that is readily capable of causing bodily injury commits a Class C felony. However, the offense is a Class B felony if the device, equipment, chemical substance, or other material is a deadly weapon.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-8


Effective: March 27, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-8 Possessing a cellular phone or wireless cellular communications device while incarcerated


Sec. 8. A person who knowingly or intentionally possesses a cellular telephone or other wireless or cellular communications device while incarcerated in a penal facility commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54. Amended by P.L.5-2013, SEC.2, eff. March 27, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-9


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-9 Violating a condition of lifetime parole with a minor


Sec. 9. (a) A person who is being supervised on lifetime parole (as described in IC 35-50-6-1) and who knowingly or intentionally violates a condition of lifetime parole that involves direct or indirect contact with a child less than sixteen (16) years of age or with the victim of a crime that was committed by the person commits a Class D felony if, at the time of the violation:


(1) the person's lifetime parole has been revoked two (2) or more times; or


(2) the person has completed the person's sentence, including any credit time the person may have earned.


(b) The offense described in subsection (a) is a Class C felony if the person has a prior unrelated conviction under this section.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-3-10


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 3. Detention

35-44.1-3-10 Sexual misconduct by service provider with detainee


Sec. 10. (a) As used in this section, “service provider” means a public servant or other person employed by a governmental entity or another person who provides goods or services to a person who is subject to lawful detention.


(b) A service provider who knowingly or intentionally engages in sexual intercourse or deviate sexual conduct with a person who is subject to lawful detention commits sexual misconduct, a Class C felony.


(c) A service provider at least eighteen (18) years of age who knowingly or intentionally engages in sexual intercourse or deviate sexual conduct with a person who is:


(1) less than eighteen (18) years of age; and


(2) subject to lawful detention;


commits sexual misconduct, a Class B felony.


(d) It is not a defense that an act described in subsection (b) or (c) was consensual.


(e) This section does not apply to sexual intercourse or deviate sexual conduct between spouses.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-1 “Dispatched firefighter” defined


Sec. 1. As used in this chapter, “dispatched firefighter” means a member of:


(1) the fire company having jurisdiction over an emergency incident area; or


(2) a fire company that has entered into a mutual aid agreement with the fire company having jurisdiction over an emergency incident area;


who has been dispatched by the local fire department having jurisdiction over the particular emergency incident area.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-2 “Emergency incident area” defined


Sec. 2. As used in this chapter, “emergency incident area” means the area surrounding a structure, vehicle, property, or area that is:


(1) defined by police or firefighters with flags, barricades, barrier tape, or other markers; or


(2) one hundred and fifty (150) feet in all directions from the perimeter of the emergency incident;


whichever is greater.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-3 “Firefighter” defined


Sec. 3. As used in this chapter, “firefighter” has the meaning set forth in IC 9-18-34-1.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-4 “Fire protective clothing and fire protective gear” defined


Sec. 4. As used in this chapter, “fire protective clothing and fire protective gear” includes any of the following items generally used by firefighters:


(1) Outer fire retardant clothing and headgear.


(2) Fire gloves.


(3) Self contained breathing apparatus.


(4) Emergency medical services protective gear.


(5) Hazardous materials protective gear.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-5 Nonfirefighter’s refusal to leave emergency incident area


Sec. 5. A person who is not a firefighter who knowingly or intentionally refuses to leave an emergency incident area immediately after being requested to do so by a firefighter or law enforcement officer commits a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-6 Nondispatched firefighter’s refusal to leave emergency incident area


Sec. 6. A firefighter who:


(1) has not been dispatched to an emergency incident area;


(2) enters an emergency incident area; and


(3) refuses to leave an emergency incident area immediately after being requested to do so by a dispatched firefighter or law enforcement officer;


commits a Class C infraction.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-7 Impersonating a firefighter at an emergency incident area


Sec. 7. A person other than a firefighter who, with intent to mislead a firefighter or law enforcement officer as to the person's status as a dispatched firefighter, knowingly or intentionally enters an emergency incident area while wearing, transporting, or otherwise possessing a uniform, fire protective clothing, or fire protective gear commits a Class A misdemeanor. However, the offense is a Class D felony if, as a proximate result of the person entering the emergency incident area, a person or firefighter suffers bodily injury.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-8 Obstructing a firefighter


Sec. 8. A person who knowingly or intentionally obstructs or interferes with a firefighter performing or attempting to perform the firefighter's emergency functions or duties as a firefighter commits obstructing a firefighter, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-4-9


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 4. Firefighting and Emergency Services

35-44.1-4-9 Obstructing an emergency medical person; "emergency medical person" defined


Sec. 9. (a) As used in this section, “emergency medical person” means a person who holds a certificate issued by the Indiana emergency medical services commission to provide emergency medical services.


(b) A person who knowingly or intentionally obstructs or interferes with an emergency medical person performing or attempting to perform the emergency medical person's emergency functions or duties commits obstructing an emergency medical person, a Class B misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.54. Amended by P.L.13-2013, SEC.141, eff. April 1, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-1 Application


Sec. 1. This chapter does not apply to the following:


(1) A church or religious organization conducting an activity that is protected by the First Amendment to the United States Constitution.


(2) The provision of assistance for health care items and services that are necessary for the treatment of an emergency medical condition of an individual.


(3) A health care provider (as defined in IC 16-18-2-163(a)) that is providing health care services.


(4) An attorney or other person that is providing legal services.


(5) A person who:


(A) is a spouse of an alien or who stands in relation of parent or child to an alien; and


(B) would otherwise commit an offense under this chapter with respect to the alien.


(6) A provider that:


(A) receives federal or state funding to provide services to victims of domestic violence, sexual assault, human trafficking, or stalking; and


(B) is providing the services described in clause (A).


(7) An employee of Indiana or a political subdivision (as defined in IC 36-1-2-13) if the employee is acting within the scope of the employee's employment.


(8) An employee of a school acting within the scope of the employee's employment.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-2 “Alien” defined


Sec. 2. As used in this chapter, “alien” has the meaning set forth in 8 U.S.C. 1101(a).



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-3 Transporting an illegal alien


Sec. 3. (a) A person who knowingly or intentionally:


(1) transports; or


(2) moves;


an alien, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of the law commits transporting an illegal alien, a Class A misdemeanor.


(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-4 Harboring an illegal alien; landlord exception


Sec. 4. (a) A person who knowingly or intentionally:


(1) conceals;


(2) harbors; or


(3) shields from detection;


an alien in any place, including a building or means of transportation, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, commits harboring an illegal alien, a Class A misdemeanor.


(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony.


(c) A landlord that rents real property to a person who is an alien does not violate this section as a result of renting the property to the person.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-5 Exception for transporting, moving, or caring for a child


Sec. 5. A person who transports, moves, or cares for a child (as defined in IC 35-47-10-3) who is an alien does not violate this chapter as a result of transporting, moving, or caring for the child.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-6 Determination that alien is in the United States in violation of law


Sec. 6. A determination by the United States Department of Homeland Security that an alien has come to, entered, or remained in the United States in violation of law is evidence that the alien is in the United States in violation of law.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.1-5-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.1. Offenses Against General Public Administration

Chapter 5. Illegal Alien Offenses

35-44.1-5-7 Impounding certain motor vehicles


Sec. 7. A law enforcement officer shall impound a motor vehicle, other than a motor vehicle used in public transportation and owned or operated by the state or a political subdivision, that is used to commit a violation of section 3 or 4 of this chapter.



CREDIT(S)


As added by P.L.126-2012, SEC.54.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-1 Retaliation for reporting a violation


Sec. 1. (a) As used in this section, “supervisor” has the meaning set forth in IC 4-15-10-1.


(b) As used in this section, “violation” means:


(1) a violation of a federal law or regulation;


(2) a violation of a state law or rule;


(3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or


(4) the misuse of public resources.


(c) A state supervisor who knowingly or intentionally:


(1) dismisses from employment;


(2) withholds a salary increase or employment related benefit of;


(3) transfers or reassigns;


(4) denies a promotion that would have been received by; or


(5) demotes;


a state employee in retaliation for the state employee reporting in writing the existence of a violation commits retaliation for reporting a violation, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-2 Retaliation for reporting to the inspector general; defenses


Sec. 2. (a) As used in this section, “state employee” means:


(1) an employee (as defined in IC 4-2-6-1(a)(8));


(2) a special state appointee (as defined in IC 4-2-6-1(a)(16); or


(3) a state officer (as defined in IC 4-2-6-1(a)(17)).


(b) A state employee who knowingly or intentionally retaliates or threatens to retaliate against another state employee or former state employee for:


(1) filing a complaint with the state ethics commission or the inspector general;


(2) providing information to the state ethics commission or the inspector general; or


(3) testifying at a state ethics commission proceeding;


commits retaliation for reporting to the inspector general, a Class A misdemeanor.


(c) It is a defense to a prosecution under this section that the reporting state employee or former state employee:


(1) did not act in good faith; or


(2) knowingly, intentionally, or recklessly provided false information or testimony to the state ethics commission or the inspector general.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-3 Obstructing the inspector general


Sec. 3. A person who:


(1) knowingly or intentionally induces or attempts to induce, by threat, coercion, suggestion, or false statement, a witness or informant in a state ethics commission proceeding or investigation conducted by the inspector general to do any of the following:


(A) Withhold or unreasonably delay the production of any testimony, information, document, or thing.


(B) Avoid legal process summoning the person to testify or supply evidence.


(C) Fail to appear at a proceeding or investigation to which the person has been summoned.


(D) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a state ethics commission proceeding or inspector general investigation to mislead a state ethics commissioner or inspector general employee;


(2) alters, damages, or removes a record, document, or thing except as permitted or required by law, with the intent to prevent the record, document, or thing from being produced or used in a state ethics commission proceeding or inspector general investigation; or


(3) makes, presents, or uses a false record, document, or thing with the intent that the record, document, or thing appear in a state ethics commission proceeding or inspector general investigation to mislead a state ethics commissioner or inspector general employee;


commits obstructing the inspector general, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-4 Obstructing the department of correction ombudsman


Sec. 4. A person who:


(1) intentionally interferes with or prevents the completion of the work of the department of correction ombudsman;


(2) knowingly offers compensation to the department of correction ombudsman in an effort to affect the outcome of an investigation or a potential investigation;


(3) knowingly or intentionally retaliates against an offender or another person who provides information to the department of correction ombudsman; or


(4) makes threats because of an investigation or potential investigation against:


(A) the department of correction ombudsman;


(B) a person who has filed a complaint; or


(C) a person who provides information to the department of correction ombudsman;


commits obstructing the department of correction ombudsman, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-5 Interference with the department of child services ombudsman; defense


Sec. 5. (a) A person who knowingly or intentionally:


(1) interferes with or prevents the completion of the work of a department of child services ombudsman;


(2) offers compensation to a department of child services ombudsman in an effort to affect the outcome of an investigation or a potential investigation;


(3) retaliates against another person who provides information to a department of child services ombudsman; or


(4) threatens a department of child services ombudsman, a person who has filed a complaint, or a person who provides information to a department of child services ombudsman, because of an investigation or potential investigation;


commits interference with the department of child services ombudsman, a Class A misdemeanor.


(b) It is a defense to a prosecution under subsection (a) if the conduct is the expungement of records held by the department of child services that occurs by statutory mandate, judicial order or decree, administrative review or process, automatic operation of the Indiana Child Welfare Information System (ICWIS) computer system or any successor statewide automated child welfare information system, or in the normal course of business.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-6 Interference with state examiner; penalty


Sec. 6. A person who interferes with the state examiner is subject to a civil action for an infraction under IC 5-11-1-10.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-7 Refusal to follow state examiner’s directive; penalty


Sec. 7. A person who refuses to follow the state examiner's directives is subject to a civil action for an infraction under IC 5-11-1-21.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-8


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-8 Failure to provide annual report to state examiner; penalty


Sec. 8. A person who fails to provide an annual report to the state examiner is subject to a civil action for an infraction under IC 5-11-13-3.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-9


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-9 False certification of an oath or affirmation; penalty


Sec. 9. A state agency's special deputy who makes a false certification of an oath or affirmation is subject to a civil action for an infraction under IC 4-2-4-3.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-10


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-10 Submitting false or deficient financial disclosure; penalty


Sec. 10. A person who makes a false or deficient financial disclosure statement is subject to a civil action for an infraction under IC 4-2-6-8.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-11


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-11 Failure to respond to attorney general upon demand of an accounting; penalty


Sec. 11. A person who fails to respond to the attorney general upon a demand of an accounting is subject to a civil action for an infraction under IC 4-6-2-6.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-12


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-12 Violation of commercial driver training school requirements; penalty


Sec. 12. A person who violates commercial driver training school requirements is subject to a civil action for an infraction under IC 5-2-6.5-15.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-13


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-13 Failure to follow the publication of notices rules; penalty


Sec. 13. A person who fails to follow the publication of notices rules is subject to a civil action for an infraction under IC 5-3-1-9.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-1-14


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 1. Interference with State Government

35-44.2-1-14 Failure to file a disclosure concerning a public works project; penalty


Sec. 14. A consultant who fails to file a disclosure concerning a public works project is subject to a civil action for an infraction under IC 5-16-11-11.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-1 Violation of depository rule; penalty


Sec. 1. A public servant who knowingly or intentionally fails to deposit public funds (as defined in IC 5-13-4-20) not later than one (1) business day following the receipt of the funds, in a depository in the name of the state or political subdivision by the public servant having control of the funds, commits a violation of the depository rule, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is at least seven hundred fifty dollars ($750), and a Class C felony if the amount involved is at least fifty thousand dollars ($50,000).



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-2 Violation of cashbook rule


Sec. 2. A public servant who receives public funds (as defined in IC 5-13-4-20) and fails to:


(1) keep a cashbook (as defined in IC 5-13-5-1);


(2) not later than one (1) business day following the receipt of the funds, enter into the cashbook, by item, all receipts of public funds; or


(3) balance the cashbook daily to show funds on hand at the close of each day;


commits a violation of the cashbook rule, a Class B misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-3 Violation of itemization and certification rule; application


Sec. 3. (a) This subsection does not apply to the following:


(1) A state educational institution (as defined in IC 21-7-13-32).


(2) A municipality (as defined in IC 36-1-2-11).


(3) A county.


(4) An airport authority operating in a consolidated city.


(5) A capital improvements board of managers operating in a consolidated city.


(6) A board of directors of a public transportation corporation operating in a consolidated city.


(7) A municipal corporation organized under IC 16-22-8-6.


(8) A public library.


(9) A library services authority.


(10) A hospital organized under IC 16-22 or a hospital organized under IC 16-23.


(11) A school corporation (as defined in IC 36-1-2-17).


(12) A regional water or sewer district organized under IC 13-26 or under IC 13-3-2 (before its repeal).


(13) A municipally owned utility (as defined in IC 8-1-2-1).


(14) A board of an airport authority under IC 8-22-3.


(15) A conservancy district.


(16) A board of aviation commissioners under IC 8-22-2.


(17) A public transportation corporation under IC 36-9-4.


(18) A commuter transportation district under IC 8-5-15.


(19) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).


(20) A county building authority under IC 36-9-13.


(21) A soil and water conservation district established under IC 14-32.


(22) The northwestern Indiana regional planning commission established by IC 36-7-7.6-3.


(23) The commuter rail service board established under IC 8-24-5.


(24) The regional demand and scheduled bus service board established under IC 8-24-6.


(b) A disbursing officer (as described in IC 5-11-10) who knowingly or intentionally pays a claim that is not:


(1) fully itemized; and


(2) properly certified to by the claimant or some authorized person in the claimant's behalf, with the following words of certification: I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid;


commits a violation of the itemization and certification rule, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-4 Unlawful competitive bidding


Sec. 4. (a) As used in this section, a “purchase” means:


(1) the purchase of materials, equipment, goods and supplies for at least ten thousand dollars ($10,000); or


(2) the leasing of equipment for at least five thousand dollars ($5,000).


(b) A state purchaser of materials (as described in IC 5-17-1) who fails to advertise (as defined in IC 5-3-1) for, receive, or consider bids for purchase commits unlawful competitive bidding, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-5 Improper teacher’s retirement fund accounting


Sec. 5. A person who knowingly, intentionally, or recklessly violates:


(1) IC 5-10.4-3-10;


(2) IC 5-10.4-3-12;


(3) IC 5-10.4-3-14; or


(4) IC 5-10.4-3-15;


commits improper teacher's retirement fund accounting, a Class A misdemeanor.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-6 Unauthorized borrowing by a board of trustees or correctional facility; penalty


Sec. 6. A board of trustees or correctional facility that borrows without legislative approval under IC 4-10-14-1 is subject to a civil action for an infraction under IC 4-10-14-2.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-2-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 2. Purchasing Offenses

35-44.2-2-7 Improper disposal of a law enforcement vehicle; penalty


Sec. 7. A person who improperly disposes of a law enforcement vehicle is subject to a civil action for an infraction under IC 5-22-22-9.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-1 Violation of provisions relating to state public works contracts; penalty


Sec. 1. A person who violates provisions relating to state public works contracts is subject to criminal prosecution under IC 4-13.6-4-14.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-2


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-2 Conflict of interest with respect to hospital bonding authority contract; penalty


Sec. 2. A person who has a conflict of interest with respect to a hospital bonding authority contract is subject to criminal prosecution under IC 5-1-4-22.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-3 Conflict of interest with respect to action by law enforcement academy building commission; penalty


Sec. 3. A member or person employed by the law enforcement academy building commission who has a conflict of interest with respect to an action by the commission is subject to criminal prosecution under IC 5-2-2-11.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-4 Wage scale violation in public works contract; penalty


Sec. 4. A person who commits a wage scale violation in a state public works contract is subject to criminal prosecution under IC 5-16-7-3.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-5 Unlawful dividing of a public works project; penalty


Sec. 5. A person who unlawfully divides a public works project is subject to a civil action for an infraction under IC 5-16-7-6.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-3-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 3. State Public Works Contracting

35-44.2-3-6 Improper employee organization activities; penalty


Sec. 6. A person who improperly engages in certain employee organization activities is subject to a civil action for an infraction under IC 4-15-17-9.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-1 Disclosure of confidential information; penalty


Sec. 1. A person who discloses confidential information is subject to action under IC 5-14-3-10.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-2


Effective: April 1, 2013


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-2 Offenses concerning social security numbers; penalties


Sec. 2. (a) An employee of a state agency who unlawfully discloses a Social Security number is subject to criminal prosecution under IC 4-1-10-8.


(b) An employee of a state agency who makes a false representation to obtain a Social Security number from the state agency is subject to criminal prosecution under IC 4-1-10-9.


(c) An employee of a state agency who negligently discloses a Social Security number is subject to a civil action for an infraction under IC 4-1-10-10.



CREDIT(S)


As added by P.L.126-2012, SEC.55. Amended by P.L.13-2013, SEC.142, eff. April 1, 2013.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-3


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-3 Unlawful disclosure of confidential inspector general information; penalty


Sec. 3. A person who unlawfully discloses confidential inspector general information is subject to criminal prosecution under IC 4-2-7-8.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-4


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-4 Unlawful disclosure of criminal intelligence; penalty


Sec. 4. A person who unlawfully discloses criminal intelligence information is subject to criminal prosecution under IC 5-2-4-7.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-5


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-5 Unlawful disclosure of enterprise zone information; penalty


Sec. 5. A person who unlawfully discloses enterprise zone information is subject to criminal prosecution under IC 5-28-15-8.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-6


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-6 Unlawful disclosure of advance notice of a state examiner investigation; penalty


Sec. 6. A person who unlawfully discloses advance notice of a state examiner investigation is subject to criminal prosecution under IC 5-11-1-18.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-44.2-4-7


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 44.2. Offenses Against State Public Administration

Chapter 4. Confidentiality of Records and Meetings

35-44.2-4-7 Unlawful destruction of public records; penalty


Sec. 7. A person who unlawfully destroys certain public records is subject to criminal prosecution under IC 5-15-6-8.



CREDIT(S)


As added by P.L.126-2012, SEC.55.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-1-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 1. Offenses Against Public Order

35-45-1-0.1 Repealed by P.L.63-2012, SEC.57, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-1-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 1. Offenses Against Public Order

35-45-1-1 Definitions


Sec. 1. As used in this chapter:


“Tumultuous conduct” means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.


“Unlawful assembly” means an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. Prior concert is not necessary to form an unlawful assembly.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.68.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-1-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 1. Offenses Against Public Order

35-45-1-2 Rioting


Sec. 2. A person who, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is a Class D felony if it is committed while armed with a deadly weapon.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.69.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-1-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 1. Offenses Against Public Order

35-45-1-3 Disorderly conduct; conduct at airports; conduct near burial or funeral


Sec. 3. (a) A person who recklessly, knowingly, or intentionally:


(1) engages in fighting or in tumultuous conduct;


(2) makes unreasonable noise and continues to do so after being asked to stop; or


(3) disrupts a lawful assembly of persons;


commits disorderly conduct, a Class B misdemeanor.


(b) The offense described in subsection (a) is a Class D felony if it:


(1) adversely affects airport security; and


(2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.


(c) The offense described in subsection (a) is a Class D felony if it:


(1) is committed within five hundred (500) feet of:


(A) the location where a burial is being performed;


(B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or


(C) a building in which:


(i) a funeral or memorial service; or


(ii) the viewing of a deceased person;


is being conducted; and


(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1, eff. March 2, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-1-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 1. Offenses Against Public Order

35-45-1-4 Flag desecration


Sec. 4. (a) A person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor.


(b) This section does not apply to a person who disposes of a flag in accordance with 36 U.S.C. 176(k).



CREDIT(S)


As added by Acts 1977, P.L.26, SEC.22. Amended by P.L.163-1990, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-0.1 Repealed by P.L.63-2012, SEC.58, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-1 Intimidation


Sec. 1. (a) A person who communicates a threat to another person, with the intent:


(1) that the other person engage in conduct against the other person's will;


(2) that the other person be placed in fear of retaliation for a prior lawful act; or


(3) of causing:


(A) a dwelling, a building, or another structure; or


(B) a vehicle;


to be evacuated;


commits intimidation, a Class A misdemeanor.


(b) However, the offense is a:


(1) Class D felony if:


(A) the threat is to commit a forcible felony;


(B) the person to whom the threat is communicated:


(i) is a law enforcement officer;


(ii) is a judge or bailiff of any court;


(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;


(iv) is an employee of a school corporation;


(v) is a community policing volunteer;


(vi) is an employee of a court;


(vii) is an employee of a probation department; or


(viii) is an employee of a community corrections program.


(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or


(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and


(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.


(c) “Threat” means an expression, by words or action, of an intention to:


(1) unlawfully injure the person threatened or another person, or damage property;


(2) unlawfully subject a person to physical confinement or restraint;


(3) commit a crime;


(4) unlawfully withhold official action, or cause such withholding;


(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;


(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;


(7) falsely harm the credit or business reputation of the person threatened; or


(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003, SEC.3; P.L.3-2006, SEC.2, eff. March 2, 2006.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-2 Harassment; “obscene message” defined


Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:


(1) makes a telephone call, whether or not a conversation ensues;


(2) communicates with a person by telegraph, mail, or other form of written communication;


(3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or


(4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:


(A) communicate with a person; or


(B) transmit an obscene message or indecent or profane words to a person;


commits harassment, a Class B misdemeanor.


(b) A message is obscene if:


(1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;


(2) the message refers to sexual conduct in a patently offensive way; and


(3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-3 Unlawful use of a communications medium; definitions


Sec. 3. (a) A person who knowingly or intentionally:


(1) refuses to yield a party line upon request by another person who states that he wishes to make an emergency call from a telephone on that party line;


(2) refuses to yield a Citizens Radio Service channel upon request by another person who states that he wishes to make an emergency call on that channel; or


(3) obtains the use of a party line or Citizens Radio Service channel by falsely stating that he wishes to make an emergency call;


commits unlawful use of a communications medium, a Class B misdemeanor.


(b) “Party line” means a common telephone line for two (2) or more subscribers.


(c) “Emergency call” means a telephone call or radio message in which the caller or sender reasonably believes that a human being or property is in jeopardy and that prompt summoning of aid is essential.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.73; Acts 1977, P.L.343, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-4 Unlawful disclosure


Sec. 4. (a) This section does not apply to an employee who discloses information under IC 35-33.5.


(b) An employee of a telegraph company who knowingly or intentionally discloses the contents of a message sent or received, to a person other than a sender or receiver or authorized agent of either, commits unlawful disclosure, a Class A infraction.


(c) An employee of a telephone company who knowingly or intentionally discloses the contents of a conversation over a line of the company commits unlawful disclosure, a Class A infraction.



CREDIT(S)


As added by Acts 1977, P.L.26, SEC.23. Amended by P.L.161-1990, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-2-5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 2. Intimidation and Other Offenses Relating to Communications

35-45-2-5 Interference with reporting of a crime


Sec. 5. A person who, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interferes with or prevents an individual from:


(1) using a 911 emergency telephone system;


(2) obtaining medical assistance; or


(3) making a report to a law enforcement officer;


commits interference with the reporting of a crime, a Class A misdemeanor.



CREDIT(S)


As added by P.L.71-2002, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-3-1


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 3. Littering and Pollution

35-45-3-1 Repealed


(Repealed by P.L.137-2007, SEC.37.)


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-3-2


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 3. Littering and Pollution

35-45-3-2 Littering


Sec. 2. (a) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering, a Class B infraction. However, the offense is a Class A infraction if the refuse is placed or left in, on, or within one hundred (100) feet of a body of water that is under the jurisdiction of the:


(1) department of natural resources; or


(2) United States Army Corps of Engineers.


Notwithstanding IC 34-28-5-4(a), a judgment of not more than one thousand dollars ($1,000) shall be imposed for each Class A infraction committed under this section.


(b) “Refuse” includes solid and semisolid wastes, dead animals, and offal.


(c) Evidence that littering was committed from a moving vehicle other than a public conveyance constitutes prima facie evidence that it was committed by the operator of that vehicle.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.75; P.L.155-1985, SEC.2; P.L.137-2007, SEC.36; P.L.231-2007, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-3-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 3. Littering and Pollution

35-45-3-3 Throwing burning material from moving motor vehicle


Sec. 3. A person who throws from a moving motor vehicle:


(1) a lighted cigarette, cigar, or match; or


(2) other burning material;


commits a Class A infraction.



CREDIT(S)


As added by P.L.35-2002, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 45, Ch. 4, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-0.1 Application of certain P.L.123-2003 and P.L.7-2005 amendments


Sec. 0.1. The enhanced penalty under section 5(b)(2) of this chapter, as added by P.L.7-2005, applies only if at least one (1) of the offenses is committed after June 30, 2005.



CREDIT(S)


As added by P.L.220-2011, SEC.605. Amended by P.L.63-2012, SEC.59.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-1


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-1 Public indecency; indecent exposure


Sec. 1. (a) A person who knowingly or intentionally, in a public place:


(1) engages in sexual intercourse;


(2) engages in deviate sexual conduct;


(3) appears in a state of nudity with the intent to arouse the sexual desires of the person or another person; or


(4) fondles the person's genitals or the genitals of another person;


commits public indecency, a Class A misdemeanor.


(b) A person at least eighteen (18) years of age who knowingly or intentionally, in a public place, appears in a state of nudity with the intent to be seen by a child less than sixteen (16) years of age commits public indecency, a Class A misdemeanor.


(c) However, the offense under subsection (a) or subsection (b) is a Class D felony if the person who commits the offense has a prior unrelated conviction:


(1) under subsection (a) or (b); or


(2) in another jurisdiction, including a military court, that is substantially equivalent to an offense described in subsection (a) or (b).


(d) As used in this section, “nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.


(e) A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place:


(1) engages in sexual intercourse;


(2) engages in deviate sexual conduct;


(3) fondles the person's genitals or the genitals of another person; or


(4) appears in a state of nudity;


where the person can be seen by persons other than invitees and occupants of that place commits indecent exposure, a Class C misdemeanor.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1; P.L.121-2000, SEC.1; P.L.123-2003, SEC.2.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-1.5


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-1.5 Public nudity


Sec. 1.5. (a) As used in this section, “nudity” has the meaning set forth in section 1(d) of this chapter.


(b) A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor.


(c) A person who knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person commits a Class B misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this subsection or under subsection (d) .


(d) A person who knowingly or intentionally appears in a state of nudity:


(1) in or on school grounds;


(2) in a public park; or


(3) with the intent to arouse the sexual desires of the person or another person, in a department of natural resources owned or managed property;


commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this subsection or under subsection (c).



CREDIT(S)


As added by P.L.123-2003, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-2 Prostitution


Sec. 2. A person who knowingly or intentionally:


(1) performs, or offers or agrees to perform, sexual intercourse or deviate sexual conduct; or


(2) fondles, or offers or agrees to fondle, the genitals of another person;


for money or other property commits prostitution, a Class A misdemeanor. However, the offense is a Class D felony if the person has two (2) prior convictions under this section.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-3


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-3 Patronizing a prostitute


Sec. 3. A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person:


(1) for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or deviate sexual conduct with the person or with any other person; or


(2) for having fondled, or on the understanding that the other person will fondle, the genitals of the person or any other person;


commits patronizing a prostitute, a Class A misdemeanor. However, the offense is a Class D felony if the person has two (2) prior convictions under this section.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-4


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-4 Promoting prostitution


Sec. 4. A person who:


(1) knowingly or intentionally entices or compels another person to become a prostitute;


(2) knowingly or intentionally procures, or offers or agrees to procure, a person for another person for the purpose of prostitution;


(3) having control over the use of a place, knowingly or intentionally permits another person to use the place for prostitution;


(4) receives money or other property from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or


(5) knowingly or intentionally conducts or directs another person to a place for the purpose of prostitution;


commits promoting prostitution, a Class C felony. However, the offense is a Class B felony under subdivision (1) if the person enticed or compelled is under eighteen (18) years of age.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.79; Acts 1978, P.L.148, SEC.6.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-4-5


Effective: July 1, 2011


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 4. Indecent Acts and Prostitution (Refs & Annos)

35-45-4-5 Voyeurism; public voyeurism


Sec. 5. (a) The following definitions apply throughout this section:


(1) “Camera” means a camera, a video camera, a device that captures a digital image, or any other type of video recording device.


(2) “Peep” means any looking of a clandestine, surreptitious, prying, or secretive nature.


(3) “Private area” means the naked or undergarment clad genitals, pubic area, or buttocks of an individual.


(b) A person:


(1) who knowingly or intentionally:


(A) peeps; or


(B) goes upon the land of another with the intent to peep;


into an occupied dwelling of another person; or


(2) who knowingly or intentionally peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:


(A) restrooms;


(B) baths;


(C) showers; and


(D) dressing rooms;


without the consent of the other person, commits voyeurism, a Class B misdemeanor.


(c) However, the offense under subsection (b) is a Class D felony if:


(1) it is knowingly or intentionally committed by means of a camera; or


(2) the person who commits the offense has a prior unrelated conviction:


(A) under this section; or


(B) in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section.


(d) A person who:


(1) without the consent of the individual; and


(2) with intent to peep at the private area of an individual;


peeps at the private area of an individual and records an image by means of a camera commits public voyeurism, a Class A misdemeanor.


(e) The offense under subsection (d) is a Class D felony if the person has a prior unrelated conviction under this section or in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section, or if the person:


(1) publishes the image;


(2) makes the image available on the Internet; or


(3) transmits or disseminates the image to another person.


(f) It is a defense to a prosecution under subsection (d) that the individual deliberately exposed the individual's private area.



CREDIT(S)


As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995, SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1; P.L.75-2011, SEC.1.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC T. 35, Art. 45, Ch. 5, Refs & Annos


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-5-0.1


Effective: July 1, 2012


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling (Refs & Annos)

35-45-5-0.1 Repealed by P.L.63-2012, SEC.60, eff. July 1, 2012


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-5-1


Effective: March 13, 2008


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling (Refs & Annos)

35-45-5-1 Definitions


Sec. 1. (a) The definitions in this section apply throughout this chapter.


(b) “Electronic gaming device” means any electromechanical device, electrical device, or machine that satisfies at least one (1) of the following requirements:


(1) It is a contrivance which for consideration affords the player an opportunity to obtain money or other items of value, the award of which is determined by chance even if accomplished by some skill, whether or not the prize is automatically paid by the contrivance.


(2) It is a slot machine or any simulation or variation of a slot machine.


(3) It is a matchup or lineup game machine or device operated for consideration, in which two (2) or more numerals, symbols, letters, or icons align in a winning combination on one (1) or more lines vertically, horizontally, diagonally, or otherwise, without assistance by the player. The use of a skill stop is not considered assistance by the player.


(4) It is a video game machine or device operated for consideration to play poker, blackjack, any other card game, keno, or any simulation or variation of these games, including any game in which numerals, numbers, pictures, representations, or symbols are used as an equivalent or substitute for the cards used in these games.


The term does not include a toy crane machine or any other device played for amusement that rewards a player exclusively with a toy, a novelty, candy, other noncash merchandise, or a ticket or coupon redeemable for a toy, a novelty, or other noncash merchandise that has a wholesale value of not more than the lesser of ten (10) times the amount charged to play the amusement device one (1) time or twenty-five dollars ($25).


(c) “Gain” means the direct realization of winnings.


(d) “Gambling” means risking money or other property for gain, contingent in whole or in part upon lot, chance, or the operation of a gambling device, but it does not include participating in:


(1) bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; or


(2) bona fide business transactions that are valid under the law of contracts.


(e) “Gambling device” means:


(1) a mechanism by the operation of which a right to money or other property may be credited, in return for consideration, as the result of the operation of an element of chance;


(2) a mechanism that, when operated for a consideration, does not return the same value or property for the same consideration upon each operation;


(3) a mechanism, furniture, fixture, construction, or installation designed primarily for use in connection with professional gambling;


(4) a policy ticket or wheel; or


(5) a subassembly or essential part designed or intended for use in connection with such a device, mechanism, furniture, fixture, construction, or installation.


In the application of this definition, an immediate and unrecorded right to replay mechanically conferred on players of pinball machines and similar amusement devices is presumed to be without value.


(f) “Gambling information” means:


(1) a communication with respect to a wager made in the course of professional gambling; or


(2) information intended to be used for professional gambling.


(g) “Interactive computer service” means an Internet service, an information service, a system, or an access software provider that provides or enables computer access to a computer served by multiple users. The term includes the following:


(1) A service or system that provides access or is an intermediary to the Internet.


(2) A system operated or services offered by a library, school, state educational institution, or private postsecondary educational institution.


(h) “Operator” means a person who owns, maintains, or operates an Internet site that is used for interactive gambling.


(i) “Profit” means a realized or unrealized benefit (other than a gain) and includes benefits from proprietorship or management and unequal advantage in a series of transactions.


(j) “Tournament” means a contest in which:


(1) the consideration to enter the contest may take the form of a separate entry fee or the deposit of the required consideration to play in any manner accepted by the:


(A) video golf machine; or


(B) pinball machine or similar amusement device described in subsection (m)(2);


on which the entrant will compete;


(2) each player's score is recorded; and


(3) the contest winner and other prize winners are determined by objectively comparing the recorded scores of the competing players.


(k) “Toy crane machine” means a device that is used to lift prizes from an enclosed space by manipulating a mechanical claw.


(l) For purposes of this chapter:


(1) a card game; or


(2) an electronic version of a card game;


is a game of chance and may not be considered a bona fide contest of skill.


(m) In the application of the definition of gambling set forth in subsection (d), the payment of consideration to participate in a tournament conducted on:


(1) video golf games; or


(2) pinball machines and similar amusement devices that award no prizes other than to mechanically confer an immediate and unrecorded right to replay on players that is presumed to be without value under this section;


is not considered gambling even if the value of a prize awarded in the course of the tournament exceeds the amount of the player's consideration.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.80; P.L.70-2005, SEC.2; P.L.2-2007, SEC.377; P.L.227-2007, SEC.64; P.L.3-2008, SEC.252, eff. March 13, 2008.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-5-2


Effective:[See Text Amendments]


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling (Refs & Annos)

35-45-5-2 Unlawful gambling


Sec. 2. (a) A person who knowingly or intentionally engages in gambling commits unlawful gambling.


(b) Except as provided in subsection (c), unlawful gambling is a Class B misdemeanor.


(c) An operator who knowingly or intentionally uses the Internet to engage in unlawful gambling:


(1) in Indiana; or


(2) with a person located in Indiana;


commits a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.81; P.L.70-2005, SEC.3.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-5-3


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling (Refs & Annos)

35-45-5-3 Professional gambling; professional gambling over the internet


Sec. 3. (a) A person who knowingly or intentionally:


(1) engages in pool-selling;


(2) engages in bookmaking;


(3) maintains, in a place accessible to the public, slot machines, one- ball machines or variants thereof, pinball machines that award anything other than an immediate and unrecorded right of replay, roulette wheels, dice tables, or money or merchandise pushcards, punchboards, jars, or spindles;


(4) conducts lotteries or policy or numbers games or sells chances therein;


(5) conducts any banking or percentage games played with cards, dice, or counters, or accepts any fixed share of the stakes therein; or


(6) accepts, or offers to accept, for profit, money, or other property risked in gambling;


commits professional gambling, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this subsection.


(b) An operator who knowingly or intentionally uses the Internet to:


(1) engage in pool-selling:


(A) in Indiana; or


(B) in a transaction directly involving a person located in Indiana;


(2) engage in bookmaking:


(A) in Indiana; or


(B) in a transaction directly involving a person located in Indiana;


(3) maintain, on an Internet site accessible to residents of Indiana, the equivalent of:


(A) slot machines;


(B) one-ball machines or variants of one-ball machines;


(C) pinball machines that award anything other than an immediate and unrecorded right of replay;


(D) roulette wheels;


(E) dice tables; or


(F) money or merchandise pushcards, punchboards, jars, or spindles;


(4) conduct lotteries or policy or numbers games or sell chances in lotteries or policy or numbers games:


(A) in Indiana; or


(B) in a transaction directly involving a person located in Indiana;


(5) conduct any banking or percentage games played with the computer equivalent of cards, dice, or counters, or accept any fixed share of the stakes in those games:


(A) in Indiana; or


(B) in a transaction directly involving a person located in Indiana; or


(6) accept, or offer to accept, for profit, money or other property risked in gambling:


(A) in Indiana; or


(B) in a transaction directly involving a person located in Indiana;


commits professional gambling over the Internet, a Class D felony.



CREDIT(S)


As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.82; P.L.70-2005, SEC.4; P.L.227-2007, SEC.65.


Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.



IC 35-45-5-3.5


Effective: July 1, 2007


West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 45. Offenses Against Public Health, Order, and Decency

Chapter 5. Gambling (Refs & Annos)

35-45-5-3.5 Possession of electronic gambling device prohibited; violation; exceptions


Sec. 3.5. (a) Except as provided in subsection (c), a person who possesses an electronic gaming device commits a Class A infraction.


(b) A person who knowingly or intentionally accepts or offers to accept for profit, money, or other property risked in gambling on an electronic gaming device possessed by the person commits maintaining a professional gambling site, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this subsection.


(c) Subsection (a) does not apply to a person who:


(1) possesses an antique slot machine;


(2) restricts display and use of the antique slot machine to the person's private residence; and


(3) does not use the antique slot machine for profit.


(d) As used in this section, “antique slot machine” refers to a slot machine that is:


(1) at least forty (40) years old; and


(2) possessed and used for decorative, historic, or nostalgic purposes.



CREDIT(S)


As added by P.L.227-2007, SEC.66.


Statutes and constitution are current through Jun