Ind. Code § 35-47-2-7 — Indiana Code / Title 35 / Article 47 / Chapter 2 / Section 35-47-2-7
"Machine gun"; prohibited sales or transfers of ownership
Status: in_force

Sec. 7. (a) As used in this section, "machine gun" has the meaning set forth in IC 35-31.5-2-190.

(b) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10 (governing children and firearms) and federal law, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or machine gun to any person under eighteen (18) years of age.

(c) A person who knowingly or intentionally sells, gives, or in any other manner transfers ownership or possession of a machine gun to a person under eighteen (18) years of age commits a Level 5 felony. However, the offense is a Level 4 felony if the person who sells, gives, or transfers ownership of the machine gun has a prior conviction under this section, and a Level 3 felony if a person under eighteen (18) years of age uses the machine gun to commit murder (IC 35-42-1-1).

(d) A person who knowingly or intentionally sells, gives, or in any other manner transfers the ownership or possession of a handgun to another person who the person knows:

(1) is ineligible for any reason other than the person's age to purchase or otherwise receive from a dealer a handgun; or

(2) intends to use the handgun to commit a crime;

commits criminal transfer of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).

(e) A person who purchases a handgun with the intent to:

(1) resell or otherwise provide the handgun to another person who the person knows is ineligible for any reason to purchase or otherwise receive from a dealer a handgun;

(2) resell or otherwise provide the handgun to another person who the person knows intends to use the handgun to commit a crime; or

(3) transport the handgun outside Indiana to be resold or otherwise provided to another person who the transferor knows:

(A) is ineligible to purchase or otherwise receive a handgun; or

(B) intends to use the handgun to commit a crime;

commits the straw purchase of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).

(f) As used in this subsection, "NICS" has the meaning set forth in IC 35-47-2.5-2.5. It is a defense to a prosecution under subsection (d)(1) that:

(1) the accused person contacted NICS (or had a dealer contact NICS on the person's behalf) to request a background check on the other person before the accused person sold, gave, or in any other manner transferred the ownership or possession of the handgun to the other person; and

(2) the accused person (or dealer acting on the person's behalf) received authorization from NICS to sell, give, or in any other manner transfer ownership or possession of the handgun to the other person.

As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7; P.L.158-2013, SEC.577; P.L.152-2014, SEC.2; P.L.183-2019, SEC.1; P.L.80-2023, SEC.2.
Ind. Code § 35-50-6-0.6 — Indiana Code / Title 35 / Article 50 / Chapter 6 / Section 35-50-6-0.6
Effect of enactments
Status: in_force

Sec. 0.6. The enactment of legislation in the 2015 regular session of the general assembly changing the terms "credit time" and "earned credit time" to "accrued time", "credit time", "educational credit", and "good time credit":

(1) is intended to be a clarification; and

(2) does not affect any time accrued before July 1, 2015, by a person charged with or convicted of a crime.

As added by P.L.74-2015, SEC.31.
Ind. Code § 35-52-6-23 — Indiana Code / Title 35 / Article 52 / Chapter 6 / Section 35-52-6-23
Criminal statute
Status: in_force

Sec. 23. IC 6-3-7-5 defines a crime concerning taxes.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-47.5-2-3 — Indiana Code / Title 35 / Article 47.5 / Chapter 2 / Section 35-47.5-2-3-b
Repealed
Status: repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.123-2002, SEC.50. Repealed by P.L.152-2026, SEC.485.
Ind. Code § 35-31.5-2-48 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-48
"Community corrections program"
Status: in_force

Sec. 48. "Community corrections program", for purposes of IC 35-38-2.6, has the meaning set forth in IC 35-38-2.6-2.

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-45-5-5 — Indiana Code / Title 35 / Article 45 / Chapter 5 / Section 35-45-5-5
Pari-mutuel wagering; wagering through advance deposit wagering; application of chapter
Status: in_force

Sec. 5. The provisions of this chapter do not apply to:

(1) pari-mutuel wagering conducted at racetrack locations or satellite facilities licensed for pari-mutuel wagering under IC 4-31; or

(2) wagering on horse races conducted through advance deposit wagering accounts authorized by IC 4-31-7.5.

As added by Acts 1977, P.L.47, SEC.3. Amended by P.L.341-1989(ss), SEC.13; P.L.24-1992, SEC.61; P.L.268-2017, SEC.41.
Ind. Code § 35-31.5-2-349 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-349
"Victim advocate"
Status: in_force

Sec. 349. "Victim advocate", for purposes IC 35-37-6, has the meaning set forth in IC 35-37-6-3.5.

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-52-7-78 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-78
Criminal statute
Status: in_force

Sec. 78. IC 7.1-5-10-22 defines a crime concerning sales.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-337.6 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-337.6
"Tracking device"
Status: in_force

Sec. 337.6. "Tracking device", for purposes of IC 35-33-5, IC 35-45-10, IC 35-46-8.5-1, IC 35-50-2-19, and this chapter, means an electronic or mechanical device that allows a person to remotely determine or track the position or movement of another person or an object. The term includes the following:

(1) A device that stores geographic data for subsequent access or analysis.

(2) A device that allows real-time monitoring or movement.

(3) An unmanned aerial vehicle.

(4) A cellular telephone or other wireless or cellular communications device, or an electronic device that communicates with a cellular telephone or other wireless or cellular communications device, including by means of an application installed on or accessed through a cellular telephone or other wireless or cellular communications device.

As added by P.L.9-2024, SEC.533.
Ind. Code § 35-48-1.1-34 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-34
"Practitioner"
Status: in_force

Sec. 34. "Practitioner" means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in Indiana.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-52-3-64 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-64
Criminal statute
Status: in_force

Sec. 64. IC 3-14-3-20.5 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-49-3-1 — Indiana Code / Title 35 / Article 49 / Chapter 3 / Section 35-49-3-1
Sale, distribution, or exhibition of obscene matter
Status: in_force

Sec. 1. A person who knowingly or intentionally:

(1) sends or brings into Indiana obscene matter for sale or distribution; or

(2) offers to distribute, distributes, or exhibits to another person obscene matter;

commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene matter depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.

As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.41; P.L.158-2013, SEC.646; P.L.168-2014, SEC.106.
Ind. Code § 35-48-1.1-15 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-15
"Drug"
Status: in_force

Sec. 15. (a) Except as provided in subsection (b), "drug" has the meaning set forth in IC 16-42-19-2. It does not include devices or their components, parts, or accessories, nor does it include food.

(b) For purposes of IC 35-48-4, "drug":

(1) has the meaning set forth in subsection (a); and

(2) includes a controlled substance (as defined in section 7 of this chapter) and a controlled substance analog (as defined in section 8 of this chapter).

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-52-9.1-20 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-20
Criminal statute
Status: in_force

Sec. 20. IC 9-21-8-58 defines a crime concerning traffic regulation.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-52-16-82 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-82
Criminal statute
Status: in_force

Sec. 82. IC 16-42-2-9 defines a crime concerning Uniform Food, Drug, and Cosmetic Act.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-321.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-321.5
Repealed
Status: repealed

As added by P.L.196-2013, SEC.17. Repealed by P.L.80-2019, SEC.15.
Ind. Code § 35-52-28-10.5 — Indiana Code / Title 35 / Article 52 / Chapter 28 / Section 35-52-28-10.5
Criminal statute
Status: in_force

Sec. 10.5. IC 28-8-4.1-1109 defines a crime concerning financial services.

As added by P.L.198-2023, SEC.7.
Ind. Code § 35-31.5-2-55.2 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-55.2
"Computer system services"
Status: in_force

Sec. 55.2. "Computer system services" includes computer time, data processing or storage functions, or other uses of a computer, computer system, or computer network.

As added by P.L.158-2013, SEC.362.
Ind. Code § 35-48-4-8.5 — Indiana Code / Title 35 / Article 48 / Chapter 4 / Section 35-48-4-8.5
Dealing in paraphernalia
Status: in_force

Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:

(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;

(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;

(3) enhancing the effect of a controlled substance;

(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance;

(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance by individuals; or

(6) any purpose announced or described by the seller that is in violation of this chapter;

commits a Class A infraction for dealing in paraphernalia.

(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated judgment or conviction under this section.

(c) This section does not apply to the following:

(1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, salvia, a synthetic drug, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.

(2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.

(3) A qualified entity (as defined in IC 16-41-7.5-3) that provides a syringe or needle as part of a program under IC 16-41-7.5.

(4) Any entity or person that provides funding to a qualified entity (as defined in IC 16-41-7.5-3) to operate a program described in IC 16-41-7.5.

(5) Items marketed to detect the presence of a drug or controlled substance, including field test kits and test strips.

As added by P.L.1-1991, SEC.206. Amended by P.L.58-2003, SEC.2; P.L.138-2011, SEC.15; P.L.182-2011, SEC.15; P.L.78-2012, SEC.13; P.L.158-2013, SEC.636; P.L.208-2015, SEC.18; P.L.188-2017, SEC.12; P.L.153-2018, SEC.24; P.L.53-2025, SEC.6.
Ind. Code § 35-52-9.1-6 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-6
Criminal statute
Status: in_force

Sec. 6. IC 9-18.1-14.5-5 defines a crime concerning proof of registration of a watercraft.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-41-5-1 — Indiana Code / Title 35 / Article 41 / Chapter 5 / Section 35-41-5-1
Attempt
Status: in_force

Sec. 1. (a) A person attempts to commit a crime when, acting with the culpability required for commission of the crime, the person 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 level or class as the crime attempted. However, an attempt to commit murder is a Level 1 felony.

(b) It is no defense that, because of a misapprehension of the circumstances, including the age of the intended victim in a prosecution for attempted child molesting (IC 35-42-4-3), it would have been impossible for the accused person to commit the crime attempted.

(c) For purposes of subsection (a), a person engages in conduct that constitutes a substantial step if the person, with the intent to commit a sex crime against a child or an individual the person believes to be a child:

(1) communicates with the child or individual the person believes to be a child concerning the sex crime; and

(2) travels to another location to meet the child or individual the person believes to be a child.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.22; P.L.158-2013, SEC.408; P.L.247-2013, SEC.5; P.L.168-2014, SEC.64.
Ind. Code § 35-52-27-17 — Indiana Code / Title 35 / Article 52 / Chapter 27 / Section 35-52-27-17
Criminal statute
Status: in_force

Sec. 17. IC 27-10-4-4 defines a crime concerning bail law.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-46.5-2-3 — Indiana Code / Title 35 / Article 46.5 / Chapter 2 / Section 35-46.5-2-3
Terroristic mischief
Status: in_force

Sec. 3. A person who knowingly or intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction (as defined in IC 35-31.5-2-354) commits terroristic mischief, a Level 5 felony. However, the offense is a Level 4 felony if, as a result of the terroristic mischief:

(1) a physician prescribes diagnostic testing or medical treatment for any person other than the person who committed the terroristic mischief; or

(2) a person suffers serious bodily injury.

As added by P.L.66-2019, SEC.18.
Ind. Code § 35-31.5-2-282.9 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-282.9
"School"
Status: in_force

Sec. 282.9. "School", for purposes of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1.

As added by P.L.158-2026, SEC.37.
Ind. Code § 35-52-15-42 — Indiana Code / Title 35 / Article 52 / Chapter 15 / Section 35-52-15-42
Criminal statute
Status: in_force

Sec. 42. IC 15-21-3-2 defines a crime concerning commercial dog breeder regulation.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-40-6-5 — Indiana Code / Title 35 / Article 40 / Chapter 6 / Section 35-40-6-5
Victim-offender reconciliation program
Status: in_force

Sec. 5. (a) If a victim participates in a victim-offender reconciliation program (VORP) operated by a victim assistance program under section 4(9) of this chapter, the victim shall execute a waiver releasing:

(1) the prosecuting attorney responsible for the victim assistance program; and

(2) the victim assistance program;

from civil and criminal liability for actions taken by the victim, an accused person, or an offender as a result of participation by the victim, the accused person, or the offender in a victim-offender reconciliation program (VORP).

(b) A victim is not required to participate in a victim-offender reconciliation program (VORP) under section 4(9) of this chapter.

As added by P.L.139-1999, SEC.1.
Ind. Code § 35-31.5-2-173 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-173
"Instant messaging or chat room program"
Status: in_force

Sec. 173. "Instant messaging or chat room program" means a software program or application that:

(1) 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

(2) allows two (2) or more members or authorized users to communicate over the Internet in real time.

The term does not include an electronic mail program or message board program.

As added by P.L.114-2012, SEC.67. Amended by P.L.247-2013, SEC.2.
Ind. Code § 35-52-3-68 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-68
Criminal statute
Status: in_force

Sec. 68. IC 3-14-4-2 defines a crime concerning elections.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-62 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-62
"Contraband"
Status: in_force

Sec. 62. "Contraband", for purposes of IC 35-44.1-3-6, has the meaning set forth in IC 35-44.1-3-6(a).

As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.95.
Ind. Code § 35-31.5-2-143.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-143.5
"Geolocation information service"
Status: in_force

Sec. 143.5. "Geolocation information service" means a person that offers or provides GPS service or other mapping, locational, or directional services to the public by means of an electronic device, including a cellular telephone, a wireless fidelity (wi-fi) equipped computer, or a GPS navigation or tracking unit.

As added by P.L.170-2014, SEC.6.
Ind. Code § 35-52-14-31.5 — Indiana Code / Title 35 / Article 52 / Chapter 14 / Section 35-52-14-31.5
Criminal statute
Status: in_force

Sec. 31.5. IC 14-22-38-4 defines a crime concerning fish and wildlife.

As added by P.L.9-2017, SEC.21.
Ind. Code § 35-52-27-8 — Indiana Code / Title 35 / Article 52 / Chapter 27 / Section 35-52-27-8
Criminal statute
Status: in_force

Sec. 8. IC 27-1-12-26 defines a crime concerning the department of insurance.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-9.1-41 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-41
Criminal statute
Status: in_force

Sec. 41. IC 9-24-19-2 defines a crime concerning driver's licenses.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-31.5-2-339.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-339.5
"Uncharged death"
Status: in_force

Sec. 339.5. "Uncharged death", for purposes of IC 35-40, has the meaning set forth in IC 35-40-4-7.5.

As added by P.L.71-2021, SEC.5.
Ind. Code § 35-38-1-2 — Indiana Code / Title 35 / Article 38 / Chapter 1 / Section 35-38-1-2
"Victim representative" defined; sentencing; date; hearing for increased penalty; imprisonment pending sentencing
Status: in_force

Sec. 2. (a) As used in this chapter, "victim representative" means a person designated by a sentencing court who is:

(1) a spouse, parent, child, sibling, or other relative of; or

(2) a person who has had a close personal relationship with;

the victim of a felony who is deceased, incapacitated, or less than eighteen (18) years of age.

(b) Upon entering a conviction, the court shall set a date for sentencing within thirty (30) days, unless for good cause shown an extension is granted. If a presentence report is not required, the court may sentence the defendant at the time the judgment of conviction is entered. However, the court may not pronounce sentence at that time without:

(1) inquiring as to whether an adjournment is desired by the defendant;

(2) informing the victim, if present, of a victim's right to make a statement concerning the crime and the sentence; and

(3) informing the victim, if present, of the automated victim notification system established under IC 11-8-7-2, as required by section 4.5 of this chapter.

When an adjournment is requested, the defendant shall state its purpose and the court may allow a reasonable time for adjournment.

(c) If:

(1) the state in the manner prescribed by IC 35-34-1-2.5 sought an increased penalty by alleging that the person was previously convicted of the offense; and

(2) the person was convicted of the subsequent offense in a jury trial;

the jury shall reconvene for the sentencing hearing. The person shall be sentenced to receive the increased penalty if the jury (or the court, if the trial is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had a previous conviction for the offense.

(d) If the felony is nonsuspendible under IC 35-50-2-2 (before its repeal) or IC 35-50-2-2.2, the judge shall order the defendant, if the defendant has previously been released on bail or recognizance, to be imprisoned in the county or local penal facility pending sentencing.

(e) Upon entering a conviction for a felony, the court shall designate a victim representative if the victim is deceased, incapacitated, or less than eighteen (18) years of age.

As added by P.L.311-1983, SEC.3. Amended by P.L.50-1984, SEC.8; P.L.131-1985, SEC.14; P.L.36-1990, SEC.11; P.L.168-2014, SEC.56; P.L.57-2026, SEC.2.
Ind. Code § 35-48-1.1-12 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-12
"Dispenser"
Status: in_force

Sec. 12. "Dispenser" means a practitioner who dispenses.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-44.2-2-4 — Indiana Code / Title 35 / Article 44.2 / Chapter 2 / Section 35-44.2-2-4
Unlawful competitive bidding
Status: in_force

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 C infraction. However, the violation is a Class A misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.

As added by P.L.126-2012, SEC.55. Amended by P.L.32-2019, SEC.34.
Ind. Code § 35-31.5-2-37.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-37.5
Repealed
Status: repealed

As added by P.L.114-2012, SEC.67. Repealed by P.L.158-2026, SEC.31.
Ind. Code § 35-31.5-2-4 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-4
"Administer"
Status: in_force

Sec. 4. "Administer", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1.1-3.

As added by P.L.114-2012, SEC.67. Amended by P.L.186-2025, SEC.195.
Ind. Code § 35-48-3-5 — Indiana Code / Title 35 / Article 48 / Chapter 3 / Section 35-48-3-5
Denial, revocation, and suspension of registration; reinstatement
Status: in_force

Sec. 5. (a) An application for registration or reregistration submitted pursuant to and a registration issued under section 3 of this chapter to manufacture, distribute, or dispense a controlled substance may be denied, suspended, or revoked by the board upon a finding that the applicant or registrant:

(1) has furnished false or fraudulent material information in any application filed under this article;

(2) has violated any state or federal law relating to any controlled substance;

(3) has had the applicant's or registrant's federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; or

(4) has failed to maintain reasonable controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.

(b) The board may limit revocation or suspension of a registration or the denial of an application for registration or reregistration to the particular controlled substance with respect to which grounds for revocation, suspension, or denial exist.

(c) If the board suspends or revokes a registration or denies an application for reregistration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation or denial order may be placed under seal. The board may require the removal of such substances from the premises. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation or denial order becoming final, all controlled substances may be forfeited to the state.

(d) The board shall promptly notify the Drug Enforcement Administration of all orders suspending or revoking registration, all orders denying any application for registration or reregistration, and all forfeitures of controlled substances.

(e) If:

(1) the Drug Enforcement Administration terminates, denies, suspends, or revokes a federal registration for the manufacture, distribution, or dispensing of controlled substances; or

(2) the federal registration is surrendered for cause;

a registration issued by the board under this chapter is automatically suspended.

(f) The board may reinstate a registration that has been suspended under subsection (e), after a hearing, if the board is satisfied that the applicant is able to manufacture, distribute, or dispense controlled substances with reasonable skill and safety to the public. As a condition of reinstatement, the board may impose disciplinary or corrective measures authorized under IC 25-1-9-9 or this article.

(g) A registration issued under this chapter is automatically revoked if any state license authorizing a dispenser to act as a practitioner is revoked.

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981, P.L.170, SEC.8; P.L.197-2007, SEC.93; P.L.84-2010, SEC.95; P.L.101-2020, SEC.9.
Ind. Code § 35-38-2-2.7 — Indiana Code / Title 35 / Article 38 / Chapter 2 / Section 35-38-2-2.7
Prohibition on use of social media, instant messaging, or chat rooms
Status: in_force

Sec. 2.7. As a condition of probation or parole after conviction for a sex offense (as defined in IC 11-8-8-5.2), the court shall prohibit the convicted person from using a social networking web site or an instant messaging or chat room program to communicate with a child less than sixteen (16) years of age. However, the court may permit the offender to communicate using a social networking web site or an instant messaging or chat room program with:

(1) the offender's own child, stepchild, or sibling; or

(2) another relative of the offender specifically named in the court's order.

As added by P.L.247-2013, SEC.4. Amended by P.L.5-2022, SEC.3.
Ind. Code § 35-33-1-6 — Indiana Code / Title 35 / Article 33 / Chapter 1 / Section 35-33-1-6
Chart to determine detention time before release pending trial
Status: in_force

Sec. 6. A law enforcement agency may use the following chart to determine the minimum number of hours that a person arrested for an alcohol-related offense should be detained before his release pending trial:

BLOOD OR

HOURS AFTER INITIAL READING

BREATH

IS TAKEN

ALCOHOL

LEVEL IN

GRAMS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

.09

.075

.06

.045

.03

.015

.00

.000

.00

.000

.00

.000

.00

.000

.00

.10

.085

.07

.055

.04

.025

.01

.000

.00

.000

.00

.000

.00

.000

.00

.11

.095

.08

.065

.05

.035

.02

.005

.00

.000

.00

.000

.00

.000

.00

.12

.105

.09

.075

.06

.045

.03

.015

.00

.000

.00

.000

.00

.000

.00

.13

.115

.10

.085

.07

.055

.04

.025

.01

.000

.00

.000

.00

.000

.00

.14

.125

.11

.095

.08

.065

.05

.035

.02

.005

.00

.000

.00

.000

.00

.15

.135

.12

.105

.09

.075

.06

.045

.03

.015

.00

.000

.00

.000

.00

.16

.145

.13

.115

.10

.085

.07

.055

.04

.025

.01

.000

.00

.000

.00

.17

.155

.14

.125

.11

.095

.08

.065

.05

.035

.02

.005

.00

.000

.00

.18

.165

.15

.135

.12

.105

.09

.075

.06

.045

.03

.015

.00

.000

.00

.19

.175

.16

.145

.13

.115

.10

.085

.07

.055

.04

.025

.01

.000

.00

.20

.185

.17

.155

.14

.125

.11

.095

.08

.065

.05

.035

.02

.005

.00

.21

.195

.18

.165

.15

.135

.12

.105

.09

.075

.06

.045

.03

.015

.00

.22

.205

.19

.175

.16

.145

.13

.115

.10

.085

.07

.055

.04

.025

.01

.23

.215

.20

.185

.17

.155

.14

.125

.11

.095

.08

.065

.05

.035

.02

.24

.225

.21

.195

.18

.165

.15

.135

.12

.105

.09

.075

.06

.045

.03

.25

.235

.22

.205

.19

.175

.16

.145

.13

.115

.10

.085

.07

.055

.04

.26

.245

.23

.215

.20

.185

.17

.155

.14

.125

.11

.095

.08

.065

.05

Note: In order to find when a person will reach the legal blood or breath alcohol level, find the blood or breath alcohol level reading in the left hand column, go across and find where the blood or breath alcohol level reading is an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to below eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath, then read up that column to find the minimum number of hours before the person can be released.

As added by P.L.77-1984, SEC.15. Amended by P.L.33-1997, SEC.21; P.L.1-2000, SEC.18; P.L.175-2001, SEC.17.
Ind. Code § 35-52-25-17 — Indiana Code / Title 35 / Article 52 / Chapter 25 / Section 35-52-25-17
Criminal statute
Status: in_force

Sec. 17. IC 25-17.6-8-2 defines a crime concerning geologists.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33-8-10 — Indiana Code / Title 35 / Article 33 / Chapter 8 / Section 35-33-8-10
Credit card service fee
Status: in_force

Sec. 10. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-37-6.

As added by P.L.65-2004, SEC.11.
Ind. Code § 35-41-1-24 — Indiana Code / Title 35 / Article 41 / Chapter 1 / Section 35-41-1-24
Repealed
Status: repealed

As added by P.L.311-1983, SEC.25. Amended by P.L.13-1987, SEC.15. Repealed by P.L.114-2012, SEC.124.
Ind. Code § 35-46-1-18 — Indiana Code / Title 35 / Article 46 / Chapter 1 / Section 35-46-1-18
Invasion of privacy convictions; release and hearings; notice to persons protected by orders
Status: in_force

Sec. 18. The law enforcement agency having custody of a person who is sentenced to a term of imprisonment of more than ten (10) days following conviction of a crime under section 15.1 or 15.3 of this chapter shall:

(1) provide each person described in section 16 of this chapter with written notification of:

(A) the release of a person convicted of a crime under section 15.1 or 15.3 of this chapter (as appropriate); and

(B) the date, time, and place of any substantive hearing concerning a violation of section 15.1 or 15.3 of this chapter (as appropriate) by a person who is sentenced to a term of imprisonment of more than ten (10) days following conviction of a crime under section 15.1 or 15.3 of this chapter (as appropriate); and

(2) attempt to notify each person described in section 16 of this chapter by telephone to provide the information described in subdivision (1).

As added by P.L.53-1989, SEC.12. Amended by P.L.1-1991, SEC.204; P.L.85-2017, SEC.117.
Ind. Code § 35-31.5-2-103 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-103
"Domestic animal"
Status: in_force

Sec. 103. "Domestic animal", for purposes of IC 35-43-4-2 and IC 35-46-3 has the meaning set forth in IC 35-46-3-0.5.

As added by P.L.114-2012, SEC.67. Amended by P.L.80-2026, SEC.3.
Ind. Code § 35-47.5-4-6 — Indiana Code / Title 35 / Article 47.5 / Chapter 4 / Section 35-47.5-4-6
Violation of permit requirement; exception
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 6. (a) This section does not apply to storage that is exempted from the requirements of this section in the rules adopted by the commission under IC 22-13-3.

(b) A person who:

(1) stores a regulated explosive;

(2) has control over a regulated explosive that is stored; or

(3) has control over a place where a regulated explosive is stored;

without a regulated explosives magazine permit issued under this chapter that covers the storage commits a Class C infraction.

As added by P.L.123-2002, SEC.50.
Ind. Code § 35-48-2-8 — Indiana Code / Title 35 / Article 48 / Chapter 2 / Section 35-48-2-8
Schedule III
Status: in_force

Sec. 8. (a) The controlled substances listed in this section are included in schedule III.

(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II which compounds, mixtures, or preparations were listed on April 1, 1986, as excepted compounds under 21 CFR 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances (1405).

(2) Benzphetamine (1228).

(3) Chlorphentermine (1645).

(4) Clortermine (1647).

(5) Phendimetrazine (1615).

(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(1) Any compound, mixture, or preparation containing:

(A) amobarbital (2126);

(B) secobarbital (2316);

(C) pentobarbital (2271); or

(D) any of their salts;

and one (1) or more other active medicinal ingredients which are not listed in any schedule.

(2) Any suppository dosage form containing:

(A) amobarbital (2126);

(B) secobarbital (2316);

(C) pentobarbital (2271); or

(D) any of their salts;

and approved by the Food and Drug Administration for marketing only as a suppository.

(3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt thereof (2100).

(4) Chlorhexadol (2510).

(5) Embutramide (2020).

(6) Lysergic acid (7300).

(7) Lysergic acid amide (7310).

(8) Methyprylon (2575).

(9) Sulfondiethylmethane (2600).

(10) Sulfonethylmethane (2605).

(11) Sulfonmethane (2610).

(12) A combination product containing Tiletamine and Zolazepam or any salt thereof (Telazol) (7295).

(13) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (2012).

(d) Nalorphine (a narcotic drug) (9400).

(e) Narcotic Drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in the following limited quantities:

(1) Not more than 1.8 grams of codeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium (9803).

(2) Not more than 1.8 grams of codeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9804).

(3) Not more than 1.8 grams of dihydrocodeine, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9807).

(4) Not more than 300 milligrams of ethylmorphine, per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9808).

(5) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts (9809).

(6) Not more than 50 milligrams of morphine, per 100 milliliters or per 100 grams with one (1) or more active nonnarcotic ingredients in recognized therapeutic amounts (9810).

(7) Buprenorphine (9064).

(f) Anabolic steroid (as defined in 21 U.S.C. 802(41)(A) and 21 U.S.C. 802(41)(B)).

(g) The board shall except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) through (e) from the application of any part of this article if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

(h) Any material, compound, mixture, or preparation which contains any quantity of Ketamine (7285).

(i) Hallucinogenic substances:

Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product (7369).

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.2, SEC.86; Acts 1979, P.L.303, SEC.5; Acts 1981, P.L.170, SEC.4; P.L.333-1983, SEC.3; P.L.200-1987, SEC.10; P.L.48-1991, SEC.76; P.L.1-1994, SEC.171; P.L.31-1998, SEC.10; P.L.288-2001, SEC.16; P.L.22-2008, SEC.3; P.L.56-2015, SEC.4.
Ind. Code § 35-52-27-9.3 — Indiana Code / Title 35 / Article 52 / Chapter 27 / Section 35-52-27-9.3
Criminal statute
Status: in_force

Sec. 9.3. IC 27-1-23-8.1 defines a crime concerning the department of insurance.

As added by P.L.72-2016, SEC.28.
Ind. Code § 35-45-8-2 — Indiana Code / Title 35 / Article 45 / Chapter 8 / Section 35-45-8-2
"Labeling" defined
Status: in_force

Sec. 2. As used in this chapter, "labeling" has the meaning set forth in IC 16-18-2-198(a).

As added by P.L.326-1987, SEC.4. Amended by P.L.2-1993, SEC.187.
Ind. Code § 35-48-2-1.5 — Indiana Code / Title 35 / Article 48 / Chapter 2 / Section 35-48-2-1.5
Repealed
Status: repealed

As added by P.L.200-1987, SEC.5. Amended by P.L.1-2006, SEC.546. Repealed by P.L.84-2010, SEC.102.
Ind. Code § 35-40-11-1 — Indiana Code / Title 35 / Article 40 / Chapter 11 / Section 35-40-11-1
Victim's right to be heard at court proceedings
Status: in_force

Sec. 1. It is at the victim's discretion to exercise the victim's rights under this article to be present and to be heard at court proceedings, and the absence of the victim at a court proceeding does not preclude the court from holding the proceeding.

As added by P.L.139-1999, SEC.1.
Ind. Code § 35-45-5-7 — Indiana Code / Title 35 / Article 45 / Chapter 5 / Section 35-45-5-7
Applicability; advertisements
Status: in_force

Sec. 7. This chapter does not apply to the publication or broadcast of an advertisement, a list of prizes, or other information concerning:

(1) pari-mutuel wagering on horse races or a lottery authorized by the law of any state;

(2) a game of chance operated in accordance with IC 4-32.3;

(3) a gambling game operated in accordance with IC 4-35; or

(4) a prize linked savings program that:

(A) is offered or conducted by an eligible financial institution under IC 28-1-23.2;

(B) is:

(i) offered or conducted by a credit union organized or reorganized under United States law; and

(ii) conducted in the same manner as a prize linked savings program under IC 28-1-23.2; or

(C) is offered or conducted by an insured depository institution (as defined in 12 U.S.C. 1813) that is:

(i) a national bank formed under 12 U.S.C. 21;

(ii) a state member bank (as defined in 12 U.S.C. 1813);

(iii) a state nonmember bank (as defined in 12 U.S.C. 1813); or

(iv) a savings association (as defined in 12 U.S.C. 1813);

if the prize linked savings program is conducted in the same manner as a prize linked savings program under IC 28-1-23.2.

As added by P.L.217-1991, SEC.1. Amended by P.L.91-2006, SEC.13; P.L.233-2007, SEC.33; P.L.135-2014, SEC.4; P.L.186-2015, SEC.51; P.L.58-2019, SEC.30.
Ind. Code § 35-52-16-21 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-21
Criminal statute
Status: in_force

Sec. 21. IC 16-34-2-5 defines a crime concerning abortion.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-7-85 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-85
Criminal statute
Status: in_force

Sec. 85. IC 7.1-5-11-5 defines a crime concerning alcohol.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-48-4-15 — Indiana Code / Title 35 / Article 48 / Chapter 4 / Section 35-48-4-15
Repealed
Status: repealed

As added by P.L.67-1990, SEC.13. Amended by P.L.107-1991, SEC.3; P.L.129-1993, SEC.2; P.L.64-1994, SEC.6; P.L.76-2004, SEC.23; P.L.125-2012, SEC.415; P.L.217-2014, SEC.194; P.L.252-2017, SEC.26. Repealed by P.L.110-2020, SEC.13.
Ind. Code § 35-47.5-4-4.5 — Indiana Code / Title 35 / Article 47.5 / Chapter 4 / Section 35-47.5-4-4.5
Rules
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4.5. (a) This section does not apply to:

(1) a person who is regulated under IC 14-34; or

(2) near surface or subsurface use of regulated explosives associated with oil and natural gas:

(A) exploration;

(B) development;

(C) production; or

(D) abandonment activities or procedures.

(b) The commission shall adopt rules under IC 4-22-2 to:

(1) govern the use of a regulated explosive; and

(2) establish requirements for the issuance of a license for the use of a regulated explosive.

(c) The commission shall include the following requirements in the rules adopted under subsection (b):

(1) Relicensure every three (3) years after the initial issuance of a license.

(2) Continuing education as a condition of relicensure.

(3) An application for licensure or relicensure must be submitted to the department on forms approved by the commission.

(4) A fee for licensure and relicensure.

(5) Reciprocal recognition of a license for the use of a regulated explosive issued by another state if the licensure requirements of the other state are substantially similar to the licensure requirements established by the commission.

(d) A person may not use a regulated explosive unless the person has a license issued under this section for the use of a regulated explosive.

(e) The department shall carry out the licensing and relicensing program under the rules adopted by the commission.

(f) As used in this section, "regulated explosive" does not include either of the following:

(1) Consumer fireworks (as defined in 27 CFR 555.11).

(2) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.

As added by P.L.35-2004, SEC.2. Amended by P.L.25-2004, SEC.6; P.L.2-2005, SEC.128; P.L.80-2005, SEC.7; P.L.1-2006, SEC.544; P.L.187-2021, SEC.135.
Ind. Code § 35-48-1.1-36 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-36
"Production"
Status: in_force

Sec. 36. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-47-2-10 — Indiana Code / Title 35 / Article 47 / Chapter 2 / Section 35-47-2-10
Repealed
Status: repealed

As added by P.L.311-1983, SEC.32. Amended by P.L.48-1993, SEC.6. Repealed by P.L.17-1997, SEC.9.
Ind. Code § 35-52-4-12 — Indiana Code / Title 35 / Article 52 / Chapter 4 / Section 35-52-4-12
Criminal statute
Status: in_force

Sec. 12. IC 4-30-13-1 defines a crime concerning the lottery.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-9.1-63 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-63
Criminal statute
Status: in_force

Sec. 63. IC 9-32-3-12 defines a crime concerning records of the dealer services division of the office of the secretary of state.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-52-3-8 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-8
Criminal statute
Status: in_force

Sec. 8. IC 3-14-1-11 defines a crime concerning elections.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-14-42 — Indiana Code / Title 35 / Article 52 / Chapter 14 / Section 35-52-14-42
Criminal statute
Status: in_force

Sec. 42. IC 14-31-3-20 defines a crime concerning nature preserves.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-15-11 — Indiana Code / Title 35 / Article 52 / Chapter 15 / Section 35-52-15-11
Criminal statute
Status: in_force

Sec. 11. IC 15-17-5-25 defines a crime concerning animal health and animal products.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-36-3-2 — Indiana Code / Title 35 / Article 36 / Chapter 3 / Section 35-36-3-2
Attainment of ability to stand trial; certification; return to court; order; trial
Status: in_force

Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense:

(1) the superintendent of the state institution (as defined in IC 12-7-2.1-318); or

(2) if the division of mental health and addiction entered into a contract for the provision of competency restoration services, the director or medical director of the third party contractor;

shall certify that fact to the proper court, which shall enter an order directing the sheriff to return the defendant. The court shall enter such an order immediately after being sufficiently advised of the defendant's attainment of the ability to understand the proceedings and assist in the preparation of the defendant's defense. Upon the return to court of any defendant committed under section 1 of this chapter, the court shall hold the trial as if no delay or postponement had occurred.

As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.872; P.L.215-2001, SEC.110; P.L.77-2004, SEC.6; P.L.145-2026, SEC.232.
Ind. Code § 35-38-2-2.6 — Indiana Code / Title 35 / Article 38 / Chapter 2 / Section 35-38-2-2.6
Conditions of probation or parole for persons convicted of stalking
Status: in_force

Sec. 2.6. (a) As a condition of remaining on probation or parole after a conviction for stalking (IC 35-45-10-5), a court may prohibit a person from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed five (5) years.

(b) A person:

(1) who will be placed on probation shall provide the sentencing court and the probation department with the address where the person intends to reside during the period of probation:

(A) at the time of sentencing if the person will be placed on probation without first being incarcerated; or

(B) before the person's release from incarceration if the person will be placed on probation after completing a term of incarceration; or

(2) who will be placed on parole shall provide the parole board with the address where the person intends to reside during the period of parole.

(c) A person, while on probation or parole, may not reside within one thousand (1,000) feet of the residence of the victim of the stalking unless the person first obtains a waiver under subsection (d) from the:

(1) court, if the person is placed on probation; or

(2) parole board, if the person is placed on parole.

(d) The court or parole board may waive the requirement set forth in subsection (c) only if the court or parole board, at a hearing at which the person is present and of which the prosecuting attorney has been notified, determines that:

(1) the person is in compliance with all terms of the person's probation or parole; and

(2) good cause exists to allow the person to reside within one thousand (1,000) feet of the residence of the victim of the stalking.

(e) If the court or parole board grants a waiver under subsection (d), the court or parole board shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.

(f) The address of the victim of the stalking is confidential even if the court or parole board grants a waiver under subsection (d).

As added by P.L.140-2006, SEC.27 and P.L.173-2006, SEC.27.
Ind. Code § 35-31.5-2-51.3 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-51.3
"Companion animal"
Status: in_force

Sec. 51.3. "Companion animal", for purposes of IC 35-38-2-2.8 and IC 35-46-3, has the meaning set forth in IC 35-38-2-2.8.

As added by P.L.37-2019, SEC.3. Amended by P.L.80-2026, SEC.2.
Ind. Code § 35-47-3-2 — Indiana Code / Title 35 / Article 47 / Chapter 3 / Section 35-47-3-2
Application of section to firearms not required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; disposal procedure
Status: in_force

Sec. 2. (a) This section applies only to firearms which are not required to be registered in the National Firearms Registration and Transfer Record.

(b) Firearms shall be returned to the rightful owner at once following final disposition of the cause if a return has not already occurred under the terms of IC 35-33-5. If the rightful ownership is not known the law enforcement agency holding the firearm shall make a reasonable attempt to ascertain the rightful ownership and cause the return of the firearm. However, nothing in this chapter shall be construed as requiring the return of firearms to rightful owners who have been convicted for the misuse of firearms. In such cases, the court may provide for the return of the firearm in question or order that the firearm be at once delivered:

(1) except as provided in subdivision (2), to the sheriff's department of the county in which the offense occurred; or

(2) to the law enforcement agency that confiscated the firearm.

(c) If at least one hundred eighty (180) days have elapsed since the sheriff's department or law enforcement agency received the firearm, and:

(1) all reasonable attempts to locate the rightful owner of the firearm have failed; or

(2) the rightful owner has been convicted of an offense related to the misuse of a firearm;

the sheriff's department or law enforcement agency shall dispose of the firearm as described in subsection (d).

(d) Subject to subsection (c), the receiving law enforcement agency shall dispose of firearms under subsection (b), at the discretion of the law enforcement agency, by use of any of the following procedures:

(1) Public sale of the firearms to the general public as follows:

(A) Notice of the sale shall be:

(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and

(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days prior to the sale.

(B) Disposition of the firearm shall be by public auction in a place convenient to the general public, with disposition going to the highest bidder. However, no firearm shall be transferred to any bidder if that bidder is not lawfully eligible to receive and possess firearms according to the laws of the United States and Indiana.

(C) All handguns transferred under this subdivision shall also be transferred according to the transfer procedures set forth in this article.

(D) Money collected pursuant to the sales shall first be used to defray the necessary costs of administering this subdivision with any surplus to be:

(i) deposited into the receiving law enforcement agency's firearms training fund, other appropriate training activities fund, or any other fund that may be used by the receiving law enforcement agency for the purchase and maintenance of firearms, ammunition, vests, and other law enforcement equipment; and

(ii) used by the agency exclusively to train law enforcement officers in the proper use of firearms or other law enforcement duties, and to purchase and maintain firearms, ammunition, vests, and other law enforcement equipment.

A law enforcement agency may not sell a firearm to the general public if the firearm is unsafe to operate because it has been damaged or altered.

(2) Sale of the firearms to a licensed firearms dealer as follows:

(A) Notice of the sale must be:

(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and

(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days before the sale.

(B) Disposition of the firearm shall be by auction with disposition going to the highest bidder who is a licensed firearms dealer.

(C) Money collected from the sales shall first be used to defray the necessary costs of administering this subdivision and any surplus shall be:

(i) deposited into the receiving law enforcement agency's firearms training fund, other appropriate training activities fund, or any other fund that may be used by the receiving law enforcement agency for the purchase and maintenance of firearms, ammunition, vests, and other law enforcement equipment; and

(ii) used by the agency exclusively to train law enforcement officers in the proper use of firearms or other law enforcement duties, and to purchase and maintain firearms, ammunition, vests, and other law enforcement equipment.

A law enforcement agency may sell a firearm to a licensed firearms dealer for salvage or repair, even if the firearm is unsafe to operate because it has been damaged or altered.

(3) Sale or transfer of the firearms to another law enforcement agency.

(4) Release to the state police department laboratory or other forensic laboratory administered by the state or a political subdivision (as defined in IC 36-1-2-13) for the purposes of research, training, and comparison in conjunction with the forensic examination of firearms evidence.

(5) Destruction of the firearms. A firearm that is to be destroyed may be sold to a salvage company and destroyed by dismantling the firearm for parts, scrap metal, or recycling, or for resale as parts for other firearms.

(6) Trade with:

(A) a licensed firearms dealer;

(B) a licensed firearm manufacturer; or

(C) another law enforcement agency;

in exchange for new firearms, ammunition, vests, and other law enforcement equipment for use by the law enforcement agency.

(e) A receiving law enforcement agency may, at its discretion, jointly sell firearms it has received with another law enforcement agency, or permit another law enforcement agency to sell firearms it has received on behalf of the receiving law enforcement agency. In any event, all confiscated firearms shall be disposed of as promptly as possible.

(f) When a firearm is delivered to the state police department laboratory or other forensic laboratory under subsection (d)(4) and the state police department laboratory or other forensic laboratory determines the laboratory has no further need for the firearm in question, the laboratory shall return the firearm to the law enforcement agency for disposal under subsection (d).

(g) A law enforcement agency that disposes of a firearm under subsection (d)(6) shall maintain a record of each exchange made, including identification of the:

(1) firearm that was exchanged;

(2) person with whom the exchange was made; and

(3) law enforcement equipment for which the firearm was exchanged.

(h) A law enforcement agency's record of a firearm trade is a public record subject to IC 5-14-3.

As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.2; P.L.57-1992, SEC.7; P.L.48-1993, SEC.7; P.L.119-2012, SEC.167; P.L.157-2014, SEC.2; P.L.101-2017, SEC.1; P.L.56-2024, SEC.1.
Ind. Code § 35-31.5-2-132 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-132
"Fetus"
Status: in_force

Sec. 132. "Fetus", for purposes of IC 35-42-1-4, has the meaning set forth in IC 35-42-1-4(a).

As added by P.L.114-2012, SEC.67. Amended by P.L.158-2013, SEC.370.
Ind. Code § 35-31.5-2-309 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-309
"Special education cooperative"
Status: in_force

Sec. 309. "Special education cooperative", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7.

As added by P.L.114-2012, SEC.67. Amended by P.L.208-2013, SEC.6; P.L.133-2023, SEC.8.
Ind. Code § 35-43-6-6 — Indiana Code / Title 35 / Article 43 / Chapter 6 / Section 35-43-6-6
"Home improvement supplier" defined
Status: in_force

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.

As added by P.L.251-1987, SEC.4.
Ind. Code § 35-48-1.1-13 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-13
"Distribute"
Status: in_force

Sec. 13. "Distribute" means to deliver other than by administering or dispensing a controlled substance.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-31.5-2-264.8 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-264.8
"Qualified egg bank"
Status: in_force

Sec. 264.8. "Qualified egg bank", for purposes of IC 35-46-5-3, has the meaning set forth in IC 35-46-5-3(c).

As added by P.L.113-2018, SEC.3.
Ind. Code § 35-52-9.1-8 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-8
Criminal statute
Status: in_force

Sec. 8. IC 9-18.5-8-3 defines a crime concerning license plates and placards.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-47-2-21 — Indiana Code / Title 35 / Article 47 / Chapter 2 / Section 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Status: in_force

Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.

(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

As added by P.L.311-1983, SEC.32.
Ind. Code § 35-31.5-2-263 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-263
"Public safety officer"
Status: in_force

Sec. 263. "Public safety officer", for purposes of IC 35-47-4.5, has the meaning set forth in IC 35-47-4.5-3.

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-52-7-18 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-18
Criminal statute
Status: in_force

Sec. 18. IC 7.1-5-2-3 defines a crime concerning signs.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-4-17 — Indiana Code / Title 35 / Article 52 / Chapter 4 / Section 35-52-4-17
Criminal statute
Status: in_force

Sec. 17. IC 4-30-14-5 defines a crime concerning the lottery.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33.5-5-1 — Indiana Code / Title 35 / Article 33.5 / Chapter 5 / Section 35-33.5-5-1
Disclosure in court; information to parties in advance
Status: in_force

Sec. 1. The contents of an interception under this article or evidence derived from the interception may not be received into evidence or otherwise disclosed during a court proceeding unless each party, not less than fourteen (14) days before the proceeding, has been furnished with a copy of the application, warrant, and any orders for an extension under which the interception was authorized. The fourteen (14) day period may be waived by the court if the court finds that:

(1) it is not possible to furnish each party with the information at least fourteen (14) days before the proceeding; and

(2) a party will not be prejudiced by the delay in receiving the information.

As added by P.L.161-1990, SEC.3.
Ind. Code § 35-38-9-12 — Indiana Code / Title 35 / Article 38 / Chapter 9 / Section 35-38-9-12
Penalties for disclosing an expunged conviction
Status: in_force

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8.

As added by P.L.52-2021, SEC.7.
Ind. Code § 35-43-9-7 — Indiana Code / Title 35 / Article 43 / Chapter 9 / Section 35-43-9-7
Repealed
Status: repealed

As added by P.L.300-1995, SEC.2. Amended by P.L.158-2013, SEC.493. Repealed by P.L.174-2021, SEC.71.
Ind. Code § 35-52-7-3 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-3
Criminal statute
Status: in_force

Sec. 3. IC 7.1-3-26-6 defines a crime concerning direct wine seller's permits.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-16-11 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-11
Criminal statute
Status: in_force

Sec. 11. IC 16-27-2-3 defines a crime concerning home health agencies.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-7-86 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-86
Criminal statute
Status: in_force

Sec. 86. IC 7.1-5-11-6 defines a crime concerning transportation.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-6-59 — Indiana Code / Title 35 / Article 52 / Chapter 6 / Section 35-52-6-59
Criminal statute
Status: in_force

Sec. 59. IC 6-8-1-24 defines a crime concerning petroleum severance taxes.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-41-3-4 — Indiana Code / Title 35 / Article 41 / Chapter 3 / Section 35-41-3-4
Repealed
Status: repealed

As added by Acts 1976, P.L.148, SEC.1. Repealed by Acts 1977, P.L.340, SEC.148.
Ind. Code § 35-31.5-2-164 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-164
"Identifying information"
Status: in_force

Sec. 164. "Identifying information", for purposes of IC 35-43-5 and IC 35-46.5, has the meaning set forth in IC 35-43-5-1.

As added by P.L.114-2012, SEC.67. Amended by P.L.66-2019, SEC.8.
Ind. Code § 35-50-2-2 — Indiana Code / Title 35 / Article 50 / Chapter 2 / Section 35-50-2-2
Repealed
Status: repealed

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.115; Acts 1979, P.L.305, SEC.1; Acts 1982, P.L.204, SEC.39; P.L.334-1983, SEC.2; P.L.284-1985, SEC.3; P.L.211-1986, SEC.1; P.L.98-1988, SEC.9; P.L.351-1989(ss), SEC.4; P.L.214-1991, SEC.2; P.L.240-1991(ss2), SEC.98; P.L.11-1994, SEC.17; P.L.203-1996, SEC.8; P.L.96-1996, SEC.7; P.L.220-1997, SEC.1; P.L.188-1999, SEC.8; P.L.17-2001, SEC.30; P.L.222-2001, SEC.6; P.L.238-2001, SEC.21; P.L.116-2002, SEC.25; P.L.224-2003, SEC.126; P.L.85-2004, SEC.11; P.L.213-2005, SEC.7; P.L.151-2006, SEC.28; P.L.140-2006, SEC.36 and P.L.173-2006, SEC.36; P.L.1-2007, SEC.236; P.L.216-2007, SEC.50; P.L.64-2008, SEC.2; P.L.126-2012, SEC.60. Repealed by P.L.158-2013, SEC.653.
Ind. Code § 35-38-5-5.5 — Indiana Code / Title 35 / Article 38 / Chapter 5 / Section 35-38-5-5.5
Repealed
Status: repealed

As added by P.L.194-2011, SEC.1. Repealed by P.L.159-2013, SEC.2.
Ind. Code § 35-44.1-2-2 — Indiana Code / Title 35 / Article 44.1 / Chapter 2 / Section 35-44.1-2-2
Obstruction of justice
Status: in_force

Sec. 2. (a) A person who:

(1) knowingly or intentionally induces, by threat, coercion, false statement, or offer of goods, services, or anything of value, a witness or informant in a legal proceeding or an administrative or criminal investigation to:

(A) withhold or unreasonably delay in producing any testimony, information, document, or thing that the witness or informant is legally required to produce;

(B) avoid legal process summoning the person to testify or supply evidence;

(C) absent the person from a proceeding or investigation to which the person has been legally summoned; or

(D) give a false or materially misleading statement;

(2) knowingly or intentionally in a legal proceeding or an administrative or criminal 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 legal proceeding or administrative or criminal 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 a legal proceeding or an administrative or criminal investigation to mislead a public servant;

(5) communicates 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; or

(6) being employed by a court or law enforcement agency, notifies the subject of a warrant of the warrant, with the intent to interfere with the execution of the warrant;

commits obstruction of justice, a Level 6 felony, except as provided in subsection (b).

(b) Except as provided in subsection (e), the offense is a Level 5 felony if, during the investigation or pendency of a domestic violence or child abuse case under subsection (c), a person knowingly or intentionally:

(1) offers, gives, or promises any benefit to;

(2) communicates a threat as defined by IC 35-45-2-1(c) to; or

(3) intimidates, unlawfully influences, or unlawfully persuades;

any witness to abstain from attending or giving testimony, or to give a false or materially misleading statement, at any hearing, trial, deposition, probation, or other criminal proceeding or from giving testimony or other statements, including giving a false or materially misleading statement, to a court or law enforcement officer under IC 35-31.5-2-185.

(c) As used in this section, "domestic violence or child abuse case" means any case involving an allegation of:

(1) the commission of a crime involving domestic or family violence under IC 35-31.5-2-76 involving a family or household member under IC 35-31.5-2-128;

(2) the commission of a crime of domestic violence under IC 35-31.5-2-78 involving a family or household member under IC 35-31.5-2-128; or

(3) physical abuse, sexual abuse, or child neglect, including crimes listed under IC 35-31.5-2-76 involving a victim who was less than eighteen (18) years of age at the time of the offense, whether or not the person is a family or household member under IC 35-31.5-2-128.

(d) 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.

(e) Subsections (a) and (b) do not apply to:

(1) an attorney;

(2) an investigator;

(3) a law enforcement officer; or

(4) a judge;

engaged in that person's professional or official duties.

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.502; P.L.252-2017, SEC.15; P.L.174-2021, SEC.74; P.L.5-2022, SEC.5; P.L.209-2023, SEC.3.
Ind. Code § 35-50-6-4 — Indiana Code / Title 35 / Article 50 / Chapter 6 / Section 35-50-6-4
Credit time assignments
Status: in_force

Sec. 4. (a) A person:

(1) who is not a credit restricted felon; and

(2) who is imprisoned for a Level 6 felony or a misdemeanor or imprisoned awaiting trial or sentencing for a Level 6 felony or misdemeanor;

is initially assigned to Class A.

(b) A person:

(1) who is not a credit restricted felon; and

(2) who is imprisoned for a crime other than a Level 6 felony or misdemeanor or imprisoned awaiting trial or sentencing for a crime other than a Level 6 felony or misdemeanor;

is initially assigned to Class B.

(c) A person who is a credit restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class C. A credit restricted felon may not be assigned to Class A or Class B.

(d) A person who is not a credit restricted felon may be reassigned to Class C or Class D if the person violates any of the following:

(1) A rule of the department of correction.

(2) A rule of the penal facility in which the person is imprisoned.

(3) A rule or condition of a community transition program.

However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to a lower credit time class, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.

(e) A person who is a credit restricted felon may be reassigned to Class D and a person who is assigned to Class IV may be assigned to Class III if the person violates any of the following:

(1) A rule of the department of correction.

(2) A rule of the penal facility in which the person is imprisoned.

(3) A rule or condition of a community transition program.

However, a violation of a condition of parole or probation may not be the basis for reassignment. Before a person may be reassigned to Class III or Class D, the person must be granted a hearing to determine the person's guilt or innocence and, if found guilty, whether reassignment is an appropriate disciplinary action for the violation. The person may waive the right to the hearing.

(f) In connection with the hearing granted under subsection (d) or (e), the person is entitled to:

(1) have not less than twenty-four (24) hours advance written notice of the date, time, and place of the hearing, and of the alleged misconduct and the rule the alleged misconduct is alleged to have violated;

(2) have reasonable time to prepare for the hearing;

(3) have an impartial decisionmaker;

(4) appear and speak in the person's own behalf;

(5) call witnesses and present evidence;

(6) confront and cross-examine each witness, unless the hearing authority finds that to do so would subject a witness to a substantial risk of harm;

(7) have the assistance of a lay advocate (the department may require that the advocate be an employee of, or a fellow prisoner in, the same facility or program);

(8) have a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken;

(9) have immunity if the person's testimony or any evidence derived from the person's testimony is used in any criminal proceedings; and

(10) have the person's record expunged of any reference to the charge if the person is found not guilty or if a finding of guilt is later overturned.

Any finding of guilt must be supported by a preponderance of the evidence presented at the hearing.

(g) Except for a credit restricted felon, a person may be reassigned from:

(1) Class III to Class I, Class II or Class IV;

(2) Class II to Class I;

(3) Class D to Class A, Class B, or Class C;

(4) Class C to Class A or Class B.

A person's assignment to Class III, Class II, Class C, or Class D shall be reviewed at least once every six (6) months to determine if the person should be reassigned to a higher credit time class. A credit restricted felon may not be reassigned to Class I or Class II or to Class A, Class B, or Class C.

(h) This subsection applies only to a person imprisoned awaiting trial. A person imprisoned awaiting trial is initially assigned to a credit class based on the most serious offense with which the person is charged. If all the offenses of which a person is convicted have a higher credit time class than the most serious offense with which the person is charged, the person earns credit time for the time imprisoned awaiting trial at the credit time class of the most serious offense of which the person was convicted. However, this section does not apply to any period during which the person is reassigned to a lower credit time class for a disciplinary violation.

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.135; Acts 1979, P.L.120, SEC.12; P.L.90-2000, SEC.22; P.L.80-2008, SEC.4; P.L.158-2013, SEC.670; P.L.168-2014, SEC.123; P.L.44-2016, SEC.10; P.L.37-2023, SEC.5.
Ind. Code § 35-50-2-9 — Indiana Code / Title 35 / Article 50 / Chapter 2 / Section 35-50-2-9
Death penalty sentencing procedure
Status: in_force

Sec. 9. (a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is an individual with an intellectual disability.

(b) The aggravating circumstances are as follows:

(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:

(A) Arson (IC 35-43-1-1).

(B) Burglary (IC 35-43-2-1).

(C) Child molesting (IC 35-42-4-3).

(D) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(E) Kidnapping (IC 35-42-3-2).

(F) Rape (IC 35-42-4-1).

(G) Robbery (IC 35-42-5-1).

(H) Carjacking (IC 35-42-5-2) (before its repeal).

(I) Criminal organization activity (IC 35-45-9-3).

(J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).

(K) Criminal confinement (IC 35-42-3-3).

(2) The defendant committed the murder by the unlawful detonation of an explosive with intent to injure a person or damage property.

(3) The defendant committed the murder by lying in wait.

(4) The defendant who committed the murder was hired to kill.

(5) The defendant committed the murder by hiring another person to kill.

(6) The victim of the murder was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer, fireman, judge, or law enforcement officer, and either:

(A) the victim was acting in the course of duty; or

(B) the murder was motivated by an act the victim performed while acting in the course of duty.

(7) The defendant has been convicted of another murder.

(8) The defendant has committed another murder, at any time, regardless of whether the defendant has been convicted of that other murder.

(9) The defendant was:

(A) under the custody of the department of correction;

(B) under the custody of a county sheriff;

(C) on probation after receiving a sentence for the commission of a felony; or

(D) on parole;

at the time the murder was committed.

(10) The defendant dismembered the victim.

(11) The defendant:

(A) burned, mutilated, or tortured the victim; or

(B) decapitated or attempted to decapitate the victim;

while the victim was alive.

(12) The victim of the murder was less than twelve (12) years of age.

(13) The victim was a victim of any of the following offenses for which the defendant was convicted:

(A) A battery offense included in IC 35-42-2 committed before July 1, 2014, as a Class D felony or as a Class C felony, or a battery offense included in IC 35-42-2 committed after June 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4 felony, or a Level 3 felony.

(B) Kidnapping (IC 35-42-3-2).

(C) Criminal confinement (IC 35-42-3-3).

(D) A sex crime under IC 35-42-4.

(14) The victim of the murder was listed by the state or known by the defendant to be a witness against the defendant and the defendant committed the murder with the intent to prevent the person from testifying.

(15) The defendant committed the murder by intentionally discharging a firearm (as defined in IC 35-47-1-5):

(A) into an inhabited dwelling; or

(B) from a vehicle.

(16) The victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability (as defined in IC 16-18-2-365).

(17) The defendant knowingly or intentionally:

(A) committed the murder:

(i) in a building primarily used for an educational purpose;

(ii) on school property; and

(iii) when students are present; or

(B) committed the murder:

(i) in a building or other structure owned or rented by a state educational institution or any other public or private postsecondary educational institution and primarily used for an educational purpose; and

(ii) at a time when classes are in session.

(18) The murder is committed:

(A) in a building that is primarily used for religious worship; and

(B) at a time when persons are present for religious worship or education.

(c) The mitigating circumstances that may be considered under this section are as follows:

(1) The defendant has no significant history of prior criminal conduct.

(2) The defendant was under the influence of extreme mental or emotional disturbance when the murder was committed.

(3) The victim was a participant in or consented to the defendant's conduct.

(4) The defendant was an accomplice in a murder committed by another person, and the defendant's participation was relatively minor.

(5) The defendant acted under the substantial domination of another person.

(6) The defendant's capacity to appreciate the criminality of the defendant's conduct or to conform that conduct to the requirements of law was substantially impaired as a result of mental disease or defect or of intoxication.

(7) The defendant was less than eighteen (18) years of age at the time the murder was committed.

(8) Any other circumstances appropriate for consideration.

(d) If the defendant was convicted of murder in a jury trial, the jury shall reconvene for the sentencing hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing. The jury or the court may consider all the evidence introduced at the trial stage of the proceedings, together with new evidence presented at the sentencing hearing. The court shall instruct the jury concerning the statutory penalties for murder and any other offenses for which the defendant was convicted, the potential for consecutive or concurrent sentencing, and the availability of educational credit, good time credit, and clemency. The court shall instruct the jury that, in order for the jury to recommend to the court that the death penalty or life imprisonment without parole should be imposed, the jury must find at least one (1) aggravating circumstance beyond a reasonable doubt as described in subsection (l) and shall provide a special verdict form for each aggravating circumstance alleged. The defendant may present any additional evidence relevant to:

(1) the aggravating circumstances alleged; or

(2) any of the mitigating circumstances listed in subsection (c).

(e) For a defendant sentenced after June 30, 2002, except as provided by IC 35-36-9, if the hearing is by jury, the jury shall recommend to the court whether the death penalty or life imprisonment without parole, or neither, should be imposed. The jury may recommend:

(1) the death penalty; or

(2) life imprisonment without parole;

only if it makes the findings described in subsection (l). If the jury reaches a sentencing recommendation, the court shall sentence the defendant accordingly. After a court pronounces sentence, a representative of the victim's family and friends may present a statement regarding the impact of the crime on family and friends. The impact statement may be submitted in writing or given orally by the representative. The statement shall be given in the presence of the defendant.

(f) If a jury is unable to agree on a sentence recommendation after reasonable deliberations, the court shall discharge the jury and proceed as if the hearing had been to the court alone.

(g) If the hearing is to the court alone, except as provided by IC 35-36-9, the court shall:

(1) sentence the defendant to death; or

(2) impose a term of life imprisonment without parole;

only if it makes the findings described in subsection (l).

(h) If a court sentences a defendant to death, the court shall order the defendant's execution to be carried out not later than one (1) year and one (1) day after the date the defendant was convicted. The supreme court has exclusive jurisdiction to stay the execution of a death sentence. If the supreme court stays the execution of a death sentence, the supreme court shall order a new date for the defendant's execution.

(i) If a person sentenced to death by a court files a petition for post-conviction relief, the court, not later than ninety (90) days after the date the petition is filed, shall set a date to hold a hearing to consider the petition. If a court does not, within the ninety (90) day period, set the date to hold the hearing to consider the petition, the court's failure to set the hearing date is not a basis for additional post-conviction relief. The attorney general shall answer the petition for post-conviction relief on behalf of the state. At the request of the attorney general, a prosecuting attorney shall assist the attorney general. The court shall enter written findings of fact and conclusions of law concerning the petition not later than ninety (90) days after the date the hearing concludes. However, if the court determines that the petition is without merit, the court may dismiss the petition within ninety (90) days without conducting a hearing under this subsection.

(j) A death sentence is subject to automatic review by the supreme court. The review, which shall be heard under rules adopted by the supreme court, shall be given priority over all other cases. The supreme court's review must take into consideration all claims that the:

(1) conviction or sentence was in violation of the:

(A) Constitution of the State of Indiana; or

(B) Constitution of the United States;

(2) sentencing court was without jurisdiction to impose a sentence; and

(3) sentence:

(A) exceeds the maximum sentence authorized by law; or

(B) is otherwise erroneous.

If the supreme court cannot complete its review by the date set by the sentencing court for the defendant's execution under subsection (h), the supreme court shall stay the execution of the death sentence and set a new date to carry out the defendant's execution.

(k) A person who has been sentenced to death and who has completed state post-conviction review proceedings may file a written petition with the supreme court seeking to present new evidence challenging the person's guilt or the appropriateness of the death sentence if the person serves notice on the attorney general. The supreme court shall determine, with or without a hearing, whether the person has presented previously undiscovered evidence that undermines confidence in the conviction or the death sentence. If necessary, the supreme court may remand the case to the trial court for an evidentiary hearing to consider the new evidence and its effect on the person's conviction and death sentence. The supreme court may not make a determination in the person's favor nor make a decision to remand the case to the trial court for an evidentiary hearing without first providing the attorney general with an opportunity to be heard on the matter.

(l) Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding under subsection (g), must find that:

(1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and

(2) any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances.

As added by Acts 1977, P.L.340, SEC.122. Amended by P.L.336-1983, SEC.1; P.L.212-1986, SEC.1; P.L.332-1987, SEC.2; P.L.320-1987, SEC.2; P.L.296-1989, SEC.2; P.L.138-1989, SEC.6; P.L.1-1990, SEC.354; P.L.230-1993, SEC.5; P.L.250-1993, SEC.2; P.L.158-1994, SEC.7; P.L.306-1995, SEC.1; P.L.228-1996, SEC.1; P.L.216-1996, SEC.25; P.L.261-1997, SEC.7; P.L.80-2002, SEC.1; P.L.117-2002, SEC.2; P.L.1-2003, SEC.97; P.L.147-2003, SEC.1; P.L.1-2006, SEC.550; P.L.99-2007, SEC.213; P.L.158-2013, SEC.663; P.L.214-2013, SEC.45; P.L.168-2014, SEC.119; P.L.74-2015, SEC.29; P.L.117-2015, SEC.57; P.L.198-2015, SEC.1; P.L.187-2015, SEC.50; P.L.25-2016, SEC.28; P.L.65-2016, SEC.40.
Ind. Code § 35-50-3-1 — Indiana Code / Title 35 / Article 50 / Chapter 3 / Section 35-50-3-1
Suspension; probation
Status: in_force

Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.

(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.

(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user's fee that exceeds fifty percent (50%) of the maximum probation user's fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9; P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.
Ind. Code § 35-33-5-13 — Indiana Code / Title 35 / Article 33 / Chapter 5 / Section 35-33-5-13
Immunity from civil or criminal liability
Status: in_force

Sec. 13. An electronic communication service, remote computing service, and geolocation information service are immune from civil or criminal liability for providing information or evidence as required by a court order under this chapter.

As added by P.L.170-2014, SEC.23.
Ind. Code § 35-48-4-11.5 — Indiana Code / Title 35 / Article 48 / Chapter 4 / Section 35-48-4-11.5
Repealed
Status: repealed

As added by P.L.196-2013, SEC.24. Amended by P.L.185-2013, SEC.7; P.L.168-2014, SEC.103. Repealed by P.L.80-2019, SEC.30.
Ind. Code § 35-52-6-14 — Indiana Code / Title 35 / Article 52 / Chapter 6 / Section 35-52-6-14
Criminal statute
Status: in_force

Sec. 14. IC 6-2.5-9-2 defines a crime concerning taxes.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-40-4-7.5 — Indiana Code / Title 35 / Article 40 / Chapter 4 / Section 35-40-4-7.5
"Uncharged death"
Status: in_force

Sec. 7.5. "Uncharged death" means the death of a person that a local law enforcement agency has determined was not the result of a criminal act committed by a third person.

As added by P.L.71-2021, SEC.9.
Ind. Code § 35-50-2-0.3 — Indiana Code / Title 35 / Article 50 / Chapter 2 / Section 35-50-2-0.3
Content of juvenile record
Status: in_force

Sec. 0.3. For purposes of section 2.1 of this chapter (before its repeal), as added by P.L.284-1985, the juvenile record includes only those adjudications of delinquency after May 31, 1985.

As added by P.L.220-2011, SEC.636. Amended by P.L.72-2023, SEC.13.
Ind. Code § 35-31.5-2-212 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-212
"Nudity"
Status: in_force

Sec. 212. (a) "Nudity", for purposes of IC 35-45-4-1 and IC 35-45-4-1.5, has the meaning set forth in IC 35-45-4-1(d).

(b) "Nudity", for purposes of IC 35-49, has the meaning set forth in IC 35-49-1-5.

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-33-10-6 — Indiana Code / Title 35 / Article 33 / Chapter 10 / Section 35-33-10-6
Defendants outside United States
Status: in_force

Sec. 6. Securing Attendance of Defendants Who Are Outside The United States. (1) When a criminal action for a crime committed in this state is pending in a court of this state with jurisdiction over the crime against a defendant who is in a foreign country with which the United States has an extradition treaty, and when the indictment or information charges a crime which is specified in such treaty as an extraditable one, the prosecuting attorney of the county in which such crime was allegedly committed may make an application to the governor, requesting him to make an application to the president of the United States to institute extradition proceedings for the return of the defendant to this country and state for the purpose of prosecution of such action. The prosecuting attorney's application must comply with any rules, regulations and guidelines established by the governor for such applications and must be accompanied by all the documents required by such rules, regulations and guidelines.

(2) Upon receipt of the prosecuting attorney's application, the governor if satisfied that the defendant is in the foreign country in question, that the crime charged is an extraditable one pursuant to the treaty in question, and that there are no factors or impediments which in law preclude such an extradition, may in his discretion make an application, addressed to the secretary of state of the United States, requesting that the president of the United States institute extradition proceedings for the return of the defendant from such foreign country. The governor's application must comply with any rules, regulations and guidelines established by the secretary of state for such applications and must be accompanied by all the documents required by such rules, regulations and guidelines.

(3) If the governor's application is granted and the extradition is achieved or attempted, all expenses incurred therein must be borne by the county from which the application emanated.

(4) The provisions of this section apply equally to extradition or attempted extradition of a person who is a fugitive following the entry of a judgment of conviction against him in a criminal court of this state.

As added by Acts 1981, P.L.298, SEC.2.
Ind. Code § 35-31.5-2-75 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-75
"Crime"
Status: in_force

Sec. 75. (a) Except as provided in subsection (b), "crime" means a felony or a misdemeanor.

(b) "Crime", for purposes of IC 35-40, has the meaning set forth in IC 35-40-4-3.

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-52-22-12 — Indiana Code / Title 35 / Article 52 / Chapter 22 / Section 35-52-22-12
Criminal statute
Status: in_force

Sec. 12. IC 22-4.1-21-38 defines a crime concerning postsecondary proprietary educational institution authorization.

As added by P.L.169-2014, SEC.2. Amended by P.L.157-2023, SEC.24.
Ind. Code § 35-47-1-9 — Indiana Code / Title 35 / Article 47 / Chapter 1 / Section 35-47-1-9
"Retail"
Status: in_force

Sec. 9. "Retail" means the sale of handguns singly or in small quantities to one who intends to be the ultimate user thereof.

As added by P.L.311-1983, SEC.32.
Ind. Code § 35-33-8-6.5 — Indiana Code / Title 35 / Article 33 / Chapter 8 / Section 35-33-8-6.5
Twenty-four hour bail holding period for person arrested for certain domestic violence crimes
Status: in_force

Sec. 6.5. (a) The court, or a facility having custody of a person, may not release a person on bail for at least twenty-four (24) hours from the time of the person's arrest if the person is arrested for one (1) or more of the following offenses committed against a family or household member:

(1) A crime of domestic violence (as described in IC 35-31.5-2-78).

(2) Battery (IC 35-42-2-1).

(3) Domestic battery (IC 35-42-2-1.3).

(4) Aggravated battery (IC 35-42-2-1.5).

(5) Strangulation (IC 35-42-2-9).

(6) Rape (IC 35-42-4-1).

(7) Sexual battery (IC 35-42-4-8).

(8) Invasion of privacy (IC 35-46-1-15.1).

(9) Criminal stalking (IC 35-45-10-5).

(10) Criminal recklessness (IC 35-42-2-2).

(11) Criminal confinement (IC 35-42-3-3).

(12) Burglary (IC 35-43-2-1).

(13) Residential entry (IC 35-43-2-1.5).

(b) A court may not release a person described in subsection (a) on bail until the court has conducted a bail hearing in open court.

As added by P.L.44-2008, SEC.2. Amended by P.L.114-2012, SEC.70; P.L.28-2023, SEC.1; P.L.218-2025, SEC.11.
Ind. Code § 35-38-1-10.5 — Indiana Code / Title 35 / Article 38 / Chapter 1 / Section 35-38-1-10.5
Screening test for serious diseases; sex crimes and controlled substances; confirmatory test; presentence investigation; privileged communications; civil and criminal immunity
Status: in_force

Sec. 10.5. (a) The court:

(1) shall order that a person undergo a screening test for the human immunodeficiency virus (HIV) if the person is:

(A) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or

(B) convicted of an offense relating to controlled substances and the offense involved:

(i) the delivery by any person to another person; or

(ii) the use by any person on another person;

of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact; and

(2) may order that a person undergo a screening test for a serious disease (as defined in IC 16-41-8-5) in accordance with IC 16-41-8-5.

(b) If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.

(c) If the confirmatory test confirms the presence of the HIV antibodies, the court shall report the results to the Indiana department of health and require a probation officer to conduct a presentence investigation to:

(1) obtain the medical record of the convicted person from the Indiana department of health under IC 16-41-8-1(b)(3); and

(2) determine whether the convicted person had received risk counseling that included information on the behavior that facilitates the transmission of HIV.

(d) A person who, in good faith:

(1) makes a report required to be made under this section; or

(2) testifies in a judicial proceeding on matters arising from the report;

is immune from both civil and criminal liability due to the offering of that report or testimony.

(e) The privileged communication between a husband and wife or between a health care provider and the health care provider's patient is not a ground for excluding information required under this section.

(f) A mental health service provider (as defined in IC 34-6-2.1-123) who discloses information that must be disclosed to comply with this section is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality.

As added by P.L.123-1988, SEC.26. Amended by P.L.184-1989, SEC.25; P.L.1-1990, SEC.347; P.L.2-1992, SEC.877; P.L.2-1993, SEC.183; P.L.1-1998, SEC.196; P.L.71-1998, SEC.2; P.L.125-2007, SEC.5; P.L.125-2009, SEC.5; P.L.86-2018, SEC.333; P.L.190-2021, SEC.11; P.L.56-2023, SEC.319; P.L.186-2025, SEC.230.
Ind. Code § 35-52-36-11 — Indiana Code / Title 35 / Article 52 / Chapter 36 / Section 35-52-36-11
Criminal statute
Status: in_force

Sec. 11. IC 36-2-14-10 defines a crime concerning county government.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-41-1-23 — Indiana Code / Title 35 / Article 41 / Chapter 1 / Section 35-41-1-23
Repealed
Status: repealed

As added by P.L.311-1983, SEC.24. Repealed by P.L.114-2012, SEC.122.
Ind. Code § 35-42-4-1 — Indiana Code / Title 35 / Article 42 / Chapter 4 / Section 35-42-4-1
Rape; restitution
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5) when:

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

(2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;

(3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given; or

(4) the person disregarded the other person's attempts to physically, verbally, or by other visible conduct refuse the person's acts;

commits rape, a Level 3 felony.

(b) An offense described in subsection (a) is a Level 1 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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

(c) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.

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; P.L.158-2013, SEC.437; P.L.214-2013, SEC.36; P.L.168-2014, SEC.67; P.L.78-2022, SEC.8; P.L.92-2022, SEC.1; P.L.105-2022, SEC.27; P.L.186-2025, SEC.234.
Ind. Code § 35-52-7-45 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-45
Criminal statute
Status: in_force

Sec. 45. IC 7.1-5-8-3 defines a crime concerning alcohol.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-40-11-3 — Indiana Code / Title 35 / Article 40 / Chapter 11 / Section 35-40-11-3
Statement when victim in custody
Status: in_force

Sec. 3. If a victim is in custody for committing or allegedly committing an offense, the victim may be heard by submitting a written statement to the court.

As added by P.L.139-1999, SEC.1.
Ind. Code § 35-45-5-0.1 — Indiana Code / Title 35 / Article 45 / Chapter 5 / Section 35-45-5-0.1
Repealed
Status: repealed

As added by P.L.220-2011, SEC.606. Repealed by P.L.63-2012, SEC.60.
Ind. Code § 35-40-15-4 — Indiana Code / Title 35 / Article 40 / Chapter 15 / Section 35-40-15-4
Duties of superintendent
Status: in_force

Sec. 4. (a) Upon receipt of a request for a new investigation, the superintendent of the state police department shall, as soon as practicable, review the written request and, if warranted, conduct any further investigation.

(b) If the state police department assisted the local law enforcement agency in the earlier investigation, the superintendent of the state police department shall consider assigning an officer to review the request who did not participate in the earlier investigation, unless assigning a new officer is impracticable.

(c) The review of a request under this chapter shall be conducted without regard to the conclusions of the earlier investigation. However, an officer conducting the new investigation may rely on forensic and other evidence collected during the earlier investigation.

(d) At the conclusion of the review, the superintendent of the state police department shall provide the immediate family member who requested the investigation with a concise written summary of the determination made by the state police department. A determination made by the state police department under this section is not subject to judicial review.

As added by P.L.71-2021, SEC.10.
Ind. Code § 35-52-14-27 — Indiana Code / Title 35 / Article 52 / Chapter 14 / Section 35-52-14-27
Criminal statute
Status: in_force

Sec. 27. IC 14-22-19-5 defines a crime concerning furbearing mammals.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33-14-2 — Indiana Code / Title 35 / Article 33 / Chapter 14 / Section 35-33-14-2
Purpose
Status: in_force

Sec. 2. The county extradition and sheriff's assistance fund is established for the following purposes:

(1) Providing funding to offset the costs of extraditing criminal defendants.

(2) Providing funding to train and equip law enforcement officers in the county.

(3) Providing funding to offset other costs incurred by the county sheriff's department in providing law enforcement services.

Money in the fund may not be used for any other purpose.

As added by P.L.355-1989(ss), SEC.15. Amended by P.L.42-2013, SEC.3.
Ind. Code § 35-43-1-2.1 — Indiana Code / Title 35 / Article 43 / Chapter 1 / Section 35-43-1-2.1
Repealed
Status: repealed

As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001, SEC.4; P.L.158-2013, SEC.454; P.L.252-2017, SEC.13. Repealed by P.L.132-2026, SEC.13.
Ind. Code § 35-38-7-4 — Indiana Code / Title 35 / Article 38 / Chapter 7 / Section 35-38-7-4
"Victim" defined
Status: in_force

Sec. 4. As used in this chapter, "victim" means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner.

As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-2.5-9 — Indiana Code / Title 35 / Article 38 / Chapter 2.5 / Section 35-38-2.5-9
Responsibility for food, housing, and related costs
Status: in_force

Sec. 9. An offender ordered to undergo home detention under section 5 of this chapter is responsible for providing food, housing, clothing, medical care, and other treatment expenses. The offender is eligible to receive government benefits allowable for persons on probation, parole, or other conditional discharge from confinement.

As added by P.L.98-1988, SEC.6.
Ind. Code § 35-44.2-1-2 — Indiana Code / Title 35 / Article 44.2 / Chapter 1 / Section 35-44.2-1-2
Retaliation for reporting to the inspector general
Status: in_force

Sec. 2. (a) As used in this section, "state employee" means:

(1) an employee (as defined in IC 4-2-6-1);

(2) a special state appointee (as defined in IC 4-2-6-1); or

(3) a state officer (as defined in IC 4-2-6-1).

(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.

As added by P.L.126-2012, SEC.55. Amended by P.L.9-2022, SEC.78.
Ind. Code § 35-33-6-2.5 — Indiana Code / Title 35 / Article 33 / Chapter 6 / Section 35-33-6-2.5
Detention of person making unlawful recording
Status: in_force

Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility and who has probable cause to believe that a specific person has committed or is committing the unlawful recording may:

(1) detain the person and request the person to provide identification;

(2) verify the identification;

(3) determine whether the person possesses at the time of detention an audiovisual recording device (as defined in IC 35-46-8-2);

(4) confiscate any unauthorized copies of a motion picture or another audiovisual work; and

(5) inform the appropriate law enforcement officer or agency that the person is being detained.

(b) Detention under subsection (a):

(1) must:

(A) be reasonable; and

(B) last only for a reasonable time; and

(2) may not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever occurs first.

As added by P.L.94-2005, SEC.2.
Ind. Code § 35-44.2-1-12 — Indiana Code / Title 35 / Article 44.2 / Chapter 1 / Section 35-44.2-1-12
Repealed
Status: repealed

As added by P.L.126-2012, SEC.55. Amended by P.L.85-2013, SEC.116. Repealed by P.L.85-2017, SEC.113.
Ind. Code § 35-52-23-14 — Indiana Code / Title 35 / Article 52 / Chapter 23 / Section 35-52-23-14
Criminal statute
Status: in_force

Sec. 14. IC 23-14-48-9 defines a crime concerning cemetery associations.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-45-19-1.5 — Indiana Code / Title 35 / Article 45 / Chapter 19 / Section 35-45-19-1.5
"Human remains"
Status: in_force

Sec. 1.5. As used in this chapter, "human remains" means any part of the body of a deceased human being in any stage of decomposition or state of preservation.

As added by P.L.47-2019, SEC.3.
Ind. Code § 35-38-2-0.2 — Indiana Code / Title 35 / Article 38 / Chapter 2 / Section 35-38-2-0.2
Application of certain statutes to individuals placed on probation after June 30, 2003
Status: in_force

Sec. 0.2. The following statutes, as added or amended by P.L.277-2003, apply only to individuals who are placed on probation after June 30, 2003:

(1) IC 31-40-1-1.7(b) (before its repeal).

(2) IC 31-40-1-1.7(d) (before its repeal).

(3) IC 31-40-2-1(a).

(4) IC 31-40-2-1(b).

(5) IC 31-40-2-1.5.

(6) Section 1(c), 1(d), 1(e), and 1(i) of this chapter.

(7) Section 1.5 of this chapter.

(8) Section 1.7 of this chapter.

As added by P.L.220-2011, SEC.588.
Ind. Code § 35-52-3-63 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-63
Criminal statute
Status: in_force

Sec. 63. IC 3-14-3-20 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-47-4-5 — Indiana Code / Title 35 / Article 47 / Chapter 4 / Section 35-47-4-5
Unlawful possession of firearm by serious violent felon
Status: in_force

Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of committing a serious violent felony.

(b) As used in this section, "serious violent felony" means:

(1) murder (IC 35-42-1-1);

(2) attempted murder (IC 35-41-5-1);

(3) voluntary manslaughter (IC 35-42-1-3);

(4) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);

(5) battery (IC 35-42-2-1) as a:

(A) Class A felony, Class B felony, or Class C felony, for a crime committed before July 1, 2014; or

(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony, for a crime committed after June 30, 2014;

(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony;

(7) aggravated battery (IC 35-42-2-1.5);

(8) strangulation (IC 35-42-2-9);

(9) kidnapping (IC 35-42-3-2);

(10) criminal confinement (IC 35-42-3-3);

(11) a human or sexual trafficking offense under IC 35-42-3.5;

(12) rape (IC 35-42-4-1);

(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);

(14) child molesting (IC 35-42-4-3);

(15) sexual battery (IC 35-42-4-8) as a:

(A) Class C felony, for a crime committed before July 1, 2014; or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(16) robbery (IC 35-42-5-1);

(17) carjacking (IC 35-42-5-2) (before its repeal);

(18) arson (IC 35-43-1-1(a)) as a:

(A) Class A felony or Class B felony, for a crime committed before July 1, 2014; or

(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;

(19) burglary (IC 35-43-2-1) as a:

(A) Class A felony or Class B felony, for a crime committed before July 1, 2014; or

(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;

(20) assisting a criminal (IC 35-44.1-2-5) as a:

(A) Class C felony, for a crime committed before July 1, 2014; or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(21) resisting law enforcement (IC 35-44.1-3-1) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or

(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a crime committed after June 30, 2014;

(22) escape (IC 35-44.1-3-4) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or

(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;

(23) trafficking with an inmate (IC 35-44.1-3-5) as a:

(A) Class C felony, for a crime committed before July 1, 2014; or

(B) Level 5 felony, for a crime committed after June 30, 2014;

(24) criminal organization intimidation (IC 35-45-9-4);

(25) stalking (IC 35-45-10-5) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or

(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;

(26) incest (IC 35-46-1-3);

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

(28) dealing in methamphetamine (IC 35-48-4-1.1) or manufacturing methamphetamine (IC 35-48-4-1.2);

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

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

(31) dealing in a schedule V controlled substance (IC 35-48-4-4); or

(32) dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.

As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58; P.L.158-2013, SEC.590; P.L.214-2013, SEC.40; P.L.168-2014, SEC.88; P.L.25-2016, SEC.26; P.L.65-2016, SEC.39; P.L.252-2017, SEC.19; P.L.198-2018, SEC.9; P.L.142-2020, SEC.74; P.L.28-2023, SEC.3; P.L.1-2025, SEC.231.
Ind. Code § 35-52-3-27 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-27
Criminal statute
Status: in_force

Sec. 27. IC 3-14-2-14 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-48-1.1-14 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-14
"Distributor"
Status: in_force

Sec. 14. "Distributor" means a person who distributes.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-52-27-19 — Indiana Code / Title 35 / Article 52 / Chapter 27 / Section 35-52-27-19
Criminal statute
Status: in_force

Sec. 19. IC 27-10-4-6 defines a crime concerning bail law.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33-1-5 — Indiana Code / Title 35 / Article 33 / Chapter 1 / Section 35-33-1-5
Definition
Status: in_force

Sec. 5. Arrest is the taking of a person into custody, that he may be held to answer for a crime.

As added by P.L.320-1983, SEC.3.
Ind. Code § 35-41-4-3 — Indiana Code / Title 35 / Article 41 / Chapter 4 / Section 35-41-4-3
When prosecution barred for same offense
Status: in_force

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.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.18.
Ind. Code § 35-52-22-30 — Indiana Code / Title 35 / Article 52 / Chapter 22 / Section 35-52-22-30
Criminal statute
Status: in_force

Sec. 30. IC 22-15-4-7 defines a crime concerning building and equipment laws.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-26-8.5 — Indiana Code / Title 35 / Article 52 / Chapter 26 / Section 35-52-26-8.5
Criminal statute
Status: in_force

Sec. 8.5. IC 26-3-7.5-9 defines a crime concerning grain moisture testing equipment inspections.

As added by P.L.114-2025, SEC.80.
Ind. Code § 35-33-5-8 — Indiana Code / Title 35 / Article 33 / Chapter 5 / Section 35-33-5-8
Issue of warrant without affidavit; types of sworn testimony; procedures; perjury
Status: in_force

Sec. 8. (a) A judge may issue a search or arrest warrant without the affidavit required under section 2 of this chapter, if the judge receives testimony subject to the penalties for perjury of the same facts required for an affidavit:

(1) in a nonadversarial, recorded hearing before the judge;

(2) orally by telephone, radio, or similar electronic means;

(3) in writing by facsimile transmission (FAX); or

(4) in writing by electronic mail or other electronic transmission.

(b) If a warrant is issued under subsection (a)(1), the judge shall order the court reporter to type or transcribe the testimony from the hearing for entry in the record. The judge shall then certify the transcript.

(c) After reciting the facts required for an affidavit and verifying the facts recited under penalty of perjury, an applicant for a warrant under subsection (a)(2) shall read to the judge from a warrant form on which the applicant enters the information read by the applicant to the judge. The judge may direct the applicant to modify the warrant. If the judge agrees to issue the warrant, the judge shall direct the applicant to sign the judge's name to the warrant, adding the time of the issuance of the warrant.

(d) After transmitting an affidavit, an applicant for a warrant under subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a warrant form completed by the applicant. The judge may modify the transmitted warrant. If the judge agrees to issue the warrant, the judge shall sign, affix the date and time, and transmit to the applicant a duplicate of the warrant.

(e) If a warrant is issued under subsection (a)(2), the conversation shall be recorded on audio tape or electronically. The recording shall be typed or transcribed for entry in the record. The judge shall certify the audio tape or electronic recording, the transcription, and the warrant retained by the judge for entry in the record. The prosecuting attorney and law enforcement agency shall maintain, and provide to the defendant in discovery, all relevant requests for warrants, including any relevant warrants that may have been denied by the court, and any recordings of the conversation that was transcribed.

(f) If a warrant is issued under subsection (a)(3), the facsimile copy of the affidavit and warrant sent to the judge shall be retained as if they were the originals. If a warrant is issued under subsection (a)(4), the electronically transmitted copy of the affidavit and warrant sent to the judge shall be printed and retained as if they were the originals.

(g) The court reporter shall notify the applicant who received a warrant under subsection (a)(1) or (a)(2) when the transcription required under this section is entered in the record. The applicant shall sign the transcribed entry upon receiving notice from the court reporter.

(h) The affiant and the judge may use an electronic signature on the affidavit and warrant. An electronic signature may be indicated by "s/Affiant's Name" or "s/Judge's Name" or by any other electronic means that identifies the affiant or judge and indicates that the affiant or judge adopts the contents of the document to which the electronic signature is affixed.

As added by P.L.161-1990, SEC.2. Amended by P.L.170-2014, SEC.18; P.L.113-2025, SEC.1.
Ind. Code § 35-45-5-14 — Indiana Code / Title 35 / Article 45 / Chapter 5 / Section 35-45-5-14
Application of chapter
Status: in_force

Sec. 14. This chapter does not apply to sports wagering conducted under IC 4-38.

As added by P.L.293-2019, SEC.46.
Ind. Code § 35-52-10-5 — Indiana Code / Title 35 / Article 52 / Chapter 10 / Section 35-52-10-5
Criminal statute
Status: in_force

Sec. 5. IC 10-14-4-12 defines a crime concerning emergency management.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-197 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-197
"Mental disease or defect"
Status: in_force

Sec. 197. "Mental disease or defect", for purposes of IC 35-41-3-6, has the meaning set forth in IC 35-41-3-6(b).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-52-33-1 — Indiana Code / Title 35 / Article 52 / Chapter 33 / Section 35-52-33-1
Criminal statute
Status: in_force

Sec. 1. IC 33-28-5-17 defines a crime concerning jury service.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-7-40 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-40
Criminal statute
Status: in_force

Sec. 40. IC 7.1-5-7-8 defines a crime concerning alcohol.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-46-3-7 — Indiana Code / Title 35 / Article 46 / Chapter 3 / Section 35-46-3-7
Abandonment or neglect of vertebrate animals; defense
Status: in_force

Sec. 7. (a) A person who:

(1) has a vertebrate animal in the person's custody; and

(2) recklessly, knowingly, or intentionally abandons or neglects the animal;

commits cruelty to an animal, a Class A misdemeanor.

(b) However, except for a conviction under section 1 of this chapter, an offense under subsection (a) is a Level 6 felony if the:

(1) person has a prior unrelated conviction under this chapter;

(2) person commits the offense in the presence of a minor; or

(3) abandonment or neglect results in:

(A) serious permanent disfigurement;

(B) unconsciousness;

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

(D) death;

of the animal; or

(4) person has ten (10) or more vertebrate animals in the person's custody which results in the person:

(A) failing to provide adequate food, potable water, and adequate shelter to at least one (1) vertebrate animal;

(B) keeping at least one (1) vertebrate animal in an overcrowded environment; or

(C) disregarding the conditions under which at least one (1) vertebrate animal is living in and the harmful impact the conditions have on the health and well-being of the vertebrate animals.

(c) For purposes of this section, an animal that is feral is not in a person's custody.

As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007, SEC.8; P.L.111-2009, SEC.12; P.L.158-2013, SEC.558; P.L.80-2026, SEC.9.
Ind. Code § 35-31.5-2-17.2 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-17.2
"Animal abuse offense"
Status: in_force

Sec. 17.2. "Animal abuse offense", for purposes of IC 35-38-2-2.8, has the meaning set forth in IC 35-38-2-2.8.

As added by P.L.37-2019, SEC.2.
Ind. Code § 35-47-10-7 — Indiana Code / Title 35 / Article 47 / Chapter 10 / Section 35-47-10-7
Permitting child to possess a firearm
Status: in_force

Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:

(1) while:

(A) aware of a substantial risk that the child will use the firearm to commit a felony; and

(B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or

(2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;

commits dangerous control of a child, a Level 5 felony. However, the offense is a Level 4 felony if the child's parent or legal guardian has a prior conviction under this section.

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.6; P.L.158-2013, SEC.604.
Ind. Code § 35-52-6-26 — Indiana Code / Title 35 / Article 52 / Chapter 6 / Section 35-52-6-26
Criminal statute
Status: in_force

Sec. 26. IC 6-5.5-7-3 defines a crime concerning taxes.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-43-9-9 — Indiana Code / Title 35 / Article 43 / Chapter 9 / Section 35-43-9-9
Repealed
Status: repealed

As added by P.L.300-1995, SEC.2. Repealed by P.L.174-2021, SEC.73.
Ind. Code § 35-52-6-68 — Indiana Code / Title 35 / Article 52 / Chapter 6 / Section 35-52-6-68
Criminal statute
Status: in_force

Sec. 68. IC 6-9-7-8 defines a crime concerning innkeeper's taxes.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-16-79 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-79
Criminal statute
Status: in_force

Sec. 79. IC 16-42-1-16 defines a crime concerning Uniform Food, Drug, and Cosmetic Act.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-41-4-5 — Indiana Code / Title 35 / Article 41 / Chapter 4 / Section 35-41-4-5
Former prosecution in another jurisdiction a bar
Status: in_force

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.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.20.
Ind. Code § 35-47-2-8 — Indiana Code / Title 35 / Article 47 / Chapter 2 / Section 35-47-2-8
Regulation of sale of handguns imposed by this chapter; application
Status: in_force

Sec. 8. The regulation of the sale of handguns imposed by this chapter shall apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons.

As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997, SEC.6.
Ind. Code § 35-38-7-14 — Indiana Code / Title 35 / Article 38 / Chapter 7 / Section 35-38-7-14
Preservation of biological evidence if a petition for DNA testing is filed; preservation of biological evidence following a vacated conviction
Status: repealed

Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter:

(1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proceeding all evidence in the state's possession or control that could be subjected to DNA testing and analysis for the later of:

(A) twenty (20) years from the date of the defendant's conviction; or

(B) the period of the defendant's incarceration.

(2) the state shall:

(A) prepare an inventory of the evidence in the possession or control of the state that could be subjected to DNA testing and analysis; and

(B) submit a copy of the inventory to defense counsel and the court; and

(3) if evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions.

(b) In the event that DNA testing and analysis required under this chapter results in a vacated conviction, all biological evidence shall continue to be preserved in accordance with IC 35-33-5-5(g), and for the latest of the following:

(1) Twenty (20) years from the date the conviction was vacated.

(2) The period of time the defendant is incarcerated for a subsequent conviction.

(3) The remainder of the statute of limitations for the offense.

However, the obligation to preserve biological evidence does not apply to a DNA sample taken from the defendant whose conviction was vacated.

As added by P.L.49-2001, SEC.2. Amended by P.L.89-2022, SEC.5.
Ind. Code § 35-31.5-2-264.3 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-264.3
"Purchase"
Status: in_force

Sec. 264.3. "Purchase", for purposes of IC 35-43-4-3.3, has the meaning set forth in IC 25-37.5-1-1.

As added by P.L.142-2026, SEC.6.
Ind. Code § 35-43-7-1 — Indiana Code / Title 35 / Article 43 / Chapter 7 / Section 35-43-7-1
"Consent of the original manufacturer" defined
Status: in_force

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.

As added by P.L.294-1989, SEC.3.
Ind. Code § 35-42-1-9 — Indiana Code / Title 35 / Article 42 / Chapter 1 / Section 35-42-1-9
Repealed
Status: repealed

As added by P.L.31-1998, SEC.2. Repealed by P.L.158-2013, SEC.419.
Ind. Code § 35-45-16-2 — Indiana Code / Title 35 / Article 45 / Chapter 16 / Section 35-45-16-2
Malicious mischief
Status: in_force

Sec. 2. (a) As used in this section, "body fluid" means:

(1) blood;

(2) saliva;

(3) sputum;

(4) semen;

(5) vaginal secretions;

(6) human milk;

(7) urine;

(8) sweat;

(9) tears;

(10) any other liquid produced by the body; or

(11) any aerosol generated form of liquids listed in this subsection.

(b) As used in this section, "infectious hepatitis" means:

(1) hepatitis A;

(2) hepatitis B;

(3) hepatitis C;

(4) hepatitis D;

(5) hepatitis E; or

(6) hepatitis G.

(c) A person who recklessly, knowingly, or intentionally places human:

(1) body fluid; or

(2) fecal waste;

in a location with the intent that another person will involuntarily touch the body fluid or fecal waste commits malicious mischief, a Class B misdemeanor.

(d) An offense described in subsection (c) is a:

(1) Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with:

(A) infectious hepatitis;

(B) HIV; or

(C) tuberculosis;

(2) Level 5 felony if:

(A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with infectious hepatitis and the offense results in the transmission of infectious hepatitis to the other person; or

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

(3) Level 4 felony if:

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

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

(e) A person who recklessly, knowingly, or intentionally places human:

(1) body fluid; or

(2) fecal waste;

in a location with the intent that another person will ingest the body fluid or fecal waste commits malicious mischief with food, a Class A misdemeanor.

(f) An offense described in subsection (e) is:

(1) a Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with:

(A) infectious hepatitis;

(B) HIV; or

(C) tuberculosis;

(2) a Level 5 felony if:

(A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with infectious hepatitis and the offense results in the transmission of infectious hepatitis to the other person; or

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

(3) a Level 4 felony if:

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

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

As added by P.L.88-2002, SEC.2. Amended by P.L.158-2013, SEC.545.
Ind. Code § 35-40-15-3 — Indiana Code / Title 35 / Article 40 / Chapter 15 / Section 35-40-15-3
Manner of requesting an investigation into an uncharged death
Status: in_force

Sec. 3. (a) An immediate family member who wishes the state police department to conduct a new investigation as described in section 2 of this chapter must:

(1) request the new investigation in writing;

(2) describe the immediate family member's relationship to the deceased;

(3) describe the determination made by the local law enforcement agency;

(4) concisely set forth the basis of the immediate family member's reasonable suspicion that the death was the result of a criminal act committed by a third person, including:

(A) describing the criminal act or acts that the immediate family member believes caused the death;

(B) listing every fact that forms the basis of the immediate family member's reasonable suspicion; and

(C) explaining any reasonable inferences drawn from the facts described in clause (B); and

(5) notify the local law enforcement agency and the prosecuting attorney that the immediate family member has requested a new investigation.

(b) An immediate family member is entitled to request a new investigation under this chapter even if another immediate family member objects to the request.

As added by P.L.71-2021, SEC.10.
Ind. Code § 35-47-15-3 — Indiana Code / Title 35 / Article 47 / Chapter 15 / Section 35-47-15-3
"Law enforcement officer"
Status: in_force

Sec. 3. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. The term includes an arson investigator employed by the office of the state fire marshal.

As added by P.L.1-2006, SEC.538. Amended by P.L.114-2012, SEC.143.
Ind. Code § 35-31.5-2-177 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-177
"Item of value"
Status: in_force

Sec. 177. "Item of value", for purposes of IC 35-46-5-1, has the meaning set forth in IC 35-46-5-1(c).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-42-4-13 — Indiana Code / Title 35 / Article 42 / Chapter 4 / Section 35-42-4-13
Inappropriate communication with a child
Status: in_force

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, other sexual conduct (as defined in IC 35-31.5-2-221.5), or the fondling or touching of the buttocks, genitals, or female breasts.

(c) A person at least eighteen (18) years of age who knowingly or intentionally:

(1) 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; or

(2) engages in a pattern of repeated or continuous contact with an individual the person believes to be less than fourteen (14) years of age, with the intent to condition the individual to be less resistant to future sexual conduct or sexual activity;

commits sexual grooming, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a); and

(2) a Level 6 felony if the person has a prior unrelated conviction under this section or for a sex offense (as defined in IC 11-8-8-5.2).

As added by P.L.119-2008, SEC.19. Amended by P.L.247-2013, SEC.9; P.L.158-2013, SEC.449; P.L.168-2014, SEC.74; P.L.111-2026, SEC.4.
Ind. Code § 35-33-8-1 — Indiana Code / Title 35 / Article 33 / Chapter 8 / Section 35-33-8-1
"Bail bond" defined
Status: in_force

Sec. 1. As used in this chapter, "bail bond" means a bond executed by a person who has been arrested for the commission of an offense, for the purpose of ensuring:

(1) the person's appearance at the appropriate legal proceeding;

(2) another person's physical safety; or

(3) the safety of the community.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.221-1996, SEC.1.
Ind. Code § 35-31.5-2-229 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-229
Repealed
Status: repealed

As added by P.L.114-2012, SEC.67. Repealed by P.L.51-2019, SEC.16.
Ind. Code § 35-31.5-2-56 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-56
"Confidential communication"
Status: in_force

Sec. 56. "Confidential communication", for purposes of IC 35-37-6, has the meaning set forth in IC 35-37-6-1(a).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-46-1-11.9 — Indiana Code / Title 35 / Article 46 / Chapter 1 / Section 35-46-1-11.9
Sale of tobacco, an e-liquid, or an electronic cigarette that contains vitamin E acetate
Status: in_force

Sec. 11.9. A person who knowingly sells tobacco, an e-liquid, or an electronic cigarette that contains vitamin E acetate commits a Class B infraction.

As added by P.L.49-2020, SEC.39.
Ind. Code § 35-31.5-2-175.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-175.5
"Intercept"
Status: in_force

Sec. 175.5. "Intercept", for purposes of IC 35-33-5, has the meaning set forth in IC 35-33-5-0.5(5).

As added by P.L.170-2014, SEC.8.
Ind. Code § 35-52-16-51 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-51
Repealed
Status: repealed

As added by P.L.169-2014, SEC.2. Repealed by P.L.133-2020, SEC.8.
Ind. Code § 35-52-7-57 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-57
Criminal statute
Status: in_force

Sec. 57. IC 7.1-5-9-9 defines a crime concerning interests.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-9.1-22 — Indiana Code / Title 35 / Article 52 / Chapter 9.1 / Section 35-52-9.1-22
Criminal statute
Status: in_force

Sec. 22. IC 9-21-12-13 defines a crime concerning traffic regulation.

As added by P.L.170-2023, SEC.2.
Ind. Code § 35-52-2-5 — Indiana Code / Title 35 / Article 52 / Chapter 2 / Section 35-52-2-5
Criminal statute
Status: in_force

Sec. 5. IC 2-8.2-4-6 defines a crime concerning constitutional convention commissioners.

As added by P.L.169-2014, SEC.2. Amended by P.L.41-2025, SEC.28.
Ind. Code § 35-36-3-4 — Indiana Code / Title 35 / Article 36 / Chapter 3 / Section 35-36-3-4
Inability to attain comprehension to stand trial; commitment proceedings
Status: in_force

Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense:

(1) has not attained that ability within six (6) months after the date of the:

(A) defendant's admission to a state institution (as defined in IC 12-7-2.1-318); or

(B) initiation of competency restoration services by a third party contractor; or

(2) has not had the criminal charges dismissed under section 3(b) of this chapter;

the state institution (as defined in IC 12-7-2.1-318) or the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall institute regular commitment proceedings under IC 12-26.

As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8; P.L.85-2024, SEC.5; P.L.145-2026, SEC.234.
Ind. Code § 35-46-3-11 — Indiana Code / Title 35 / Article 46 / Chapter 3 / Section 35-46-3-11
Cruelty to a law enforcement animal
Status: in_force

Sec. 11. (a) A person who knowingly or intentionally:

(1) strikes, torments, injures, or otherwise mistreats a law enforcement animal; or

(2) interferes with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer's duties;

commits a Class A misdemeanor.

(b) An offense under subsection (a)(1) is a Level 6 felony if the act results in:

(1) serious permanent disfigurement;

(2) unconsciousness; or

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

of the law enforcement animal.

(c) An offense under subsection (a)(1) is a level 5 felony if the act results in the death of the law enforcement animal.

(d) It is a defense to a prosecution under this section:

(1) that the accused person:

(A) engaged in a reasonable act of training, handling, or discipline; and

(B) acted as an employee or agent of a law enforcement agency; or

(2) that:

(A) the actions of the accused person were objectively reasonable and taken in good faith to protect the person or another individual from imminent injury by the law enforcement animal; and

(B) neither the accused person nor the other individual substantially contributed to the circumstances leading to the deployment of the law enforcement animal.

(e) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court:

(1) may order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of veterinary bills; and

(2) shall order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of the cost of replacing the animal, which may include the cost of training the animal, if the animal is permanently disabled or killed.

As added by P.L.193-1987, SEC.14. Amended by P.L.213-1997, SEC.3; P.L.9-2003, SEC.2; P.L.161-2013, SEC.8; P.L.158-2013, SEC.563; P.L.168-2014, SEC.86; P.L.80-2026, SEC.10.
Ind. Code § 35-41-1-15 — Indiana Code / Title 35 / Article 41 / Chapter 1 / Section 35-41-1-15
Repealed
Status: repealed

As added by P.L.311-1983, SEC.16. Amended by P.L.273-1999, SEC.214. Repealed by P.L.114-2012, SEC.109.
Ind. Code § 35-47-2.5-3 — Indiana Code / Title 35 / Article 47 / Chapter 2.5 / Section 35-47-2.5-3
Form 4473
Status: in_force

Sec. 3. A person purchasing a handgun from a dealer shall complete and sign Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473.

As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.7; P.L.155-2007, SEC.3.
Ind. Code § 35-52-31-16 — Indiana Code / Title 35 / Article 52 / Chapter 31 / Section 35-52-31-16
Criminal statute
Status: in_force

Sec. 16. IC 31-27-6-32 defines a crime concerning regulation of residential child care.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-38-2.5-11 — Indiana Code / Title 35 / Article 38 / Chapter 2.5 / Section 35-38-2.5-11
Monitoring devices; information to offender
Status: in_force

Sec. 11. Before entering an order for home detention that requires the use of a monitoring device described in section 3(3) of this chapter the court shall inform the offender and other persons residing in the home of the nature and extent of electronic surveillance provided by the monitoring device in the home.

As added by P.L.98-1988, SEC.6.
Ind. Code § 35-47-5-7 — Indiana Code / Title 35 / Article 47 / Chapter 5 / Section 35-47-5-7
Repealed
Status: repealed

As added by P.L.311-1983, SEC.32. Repealed by P.L.175-1984, SEC.5.
Ind. Code § 35-37-5-8 — Indiana Code / Title 35 / Article 37 / Chapter 5 / Section 35-37-5-8
Exemption from arrest or service of process
Status: in_force

Sec. 8. If a person comes into this state in obedience to a subpoena directing him to attend and testify in a criminal prosecution in this or any other state, he shall not while in this state pursuant to such subpoena be subject to arrest or the service of process, civil, or criminal, in connection with matters which arose before his entrance into this state under subpoena.

As added by P.L.311-1983, SEC.2.
Ind. Code § 35-46-8.5-1 — Indiana Code / Title 35 / Article 46 / Chapter 8.5 / Section 35-46-8.5-1
Unlawful photography, surveillance, and tracking on private property
Status: in_force

Sec. 1. (a) This section does not apply to any of the following:

(1) Electronic or video toll collection facilities or activities authorized under any of the following:

(A) IC 8-15-2.

(B) IC 8-15-3.

(C) IC 8-15.5.

(D) IC 8-15.7.

(E) IC 8-16.

(F) IC 9-21-3.5.

(2) A law enforcement officer who has obtained:

(A) a search warrant; or

(B) the consent of the owner of private property;

to place a camera, electronic surveillance equipment, or tracking device on the private property, with respect to the placement of a camera, electronic surveillance equipment, or tracking device.

(3) A law enforcement officer who uses a law enforcement recording device in performance of the officer's duties, with respect to the use of the law enforcement recording device.

(4) A person who uses a tracking device to determine the location of a family member (as defined in IC 35-44.1-3-1), unless the person is the subject of a protective order obtained by the family member.

(5) A person who places a tracking device on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order.

(6) A tracking device placed on a person or the property of a person:

(A) who is incarcerated;

(B) as a condition of probation, parole, home detention, community corrections, bail, prosecutorial diversion, or supervised release; or

(C) pursuant to a court order.

(7) A device installed as original equipment by the manufacturer of a motor vehicle.

(8) A provider of electronic communications services with respect to a tracking device, if the installation, placement, or use of the tracking device is disclosed to the consumer in the provider's terms of use, privacy policy, or similar document available to the consumer.

(b) As used in this section, "protective order" refers to an order described in IC 35-45-10-5(b)(2) or IC 35-46-1-15.1(a).

(c) A person who knowingly or intentionally places a:

(1) camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property; or

(2) tracking device on an individual or on property owned or used by an individual, without the knowledge or consent of the individual;

commits unlawful surveillance, a Class A misdemeanor, except as provided in subsection (d).

(d) Unlawful surveillance under subsection (c) is a Level 6 felony if:

(1) the person has a prior unrelated conviction for:

(A) an offense under this section;

(B) a crime of domestic violence under IC 35-38-1-7.7;

(C) stalking (IC 35-45-10-5); or

(D) invasion of privacy (IC 35-46-1-15.1); or

(2) the person is the subject of a protective order.

As added by P.L.170-2014, SEC.26. Amended by P.L.58-2016, SEC.10; P.L.172-2023, SEC.6.
Ind. Code § 35-45-21-4 — Indiana Code / Title 35 / Article 45 / Chapter 21 / Section 35-45-21-4
Tattooing or body piercing a minor
Status: in_force

Sec. 4. (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 recklessly, knowingly, or intentionally 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 recklessly, knowingly, or intentionally 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(c).

As added by P.L.158-2013, SEC.547. Amended by P.L.143-2022, SEC.76.
Ind. Code § 35-33-3-1 — Indiana Code / Title 35 / Article 33 / Chapter 3 / Section 35-33-3-1
Officer of another state in fresh pursuit; authority to arrest in this state
Status: in_force

Sec. 1. Any member of a duly organized state, county or municipal peace unit of another state who enters this state in fresh pursuit, and continues within this state in such fresh pursuit of a person in order to arrest him on ground that he is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody as has any law enforcement officer of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.

As added by Acts 1981, P.L.298, SEC.2.
Ind. Code § 35-50-5-0.1 — Indiana Code / Title 35 / Article 50 / Chapter 5 / Section 35-50-5-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 3 of this chapter by P.L.125-2006 apply only to persons sentenced after June 30, 2006.

As added by P.L.220-2011, SEC.638.
Ind. Code § 35-31.5-2-246 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-246
"Private area"
Status: in_force

Sec. 246. "Private area", for purposes of IC 35-45-4-5, has the meaning set forth in IC 35-45-4-5(a)(3).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-48-1.1-9 — Indiana Code / Title 35 / Article 48 / Chapter 1.1 / Section 35-48-1.1-9
"Counterfeit substance"
Status: in_force

Sec. 9. "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

As added by P.L.186-2025, SEC.249.
Ind. Code § 35-31.5-2-161.1 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-161.1
"Human remains"
Status: in_force

Sec. 161.1. "Human remains", for purposes of IC 35-45-19, has the meaning set forth in IC 35-45-19-1.5.

As added by P.L.47-2019, SEC.2.
Ind. Code § 35-43-4-9 — Indiana Code / Title 35 / Article 43 / Chapter 4 / Section 35-43-4-9
Repealed
Status: repealed

As added by P.L.32-2016, SEC.2. Repealed by P.L.132-2026, SEC.16.
Ind. Code § 35-41-1-24.3 — Indiana Code / Title 35 / Article 41 / Chapter 1 / Section 35-41-1-24.3
Repealed
Status: repealed

As added by P.L.296-1987, SEC.3. Repealed by P.L.114-2012, SEC.126.
Ind. Code § 35-52-3-38 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-38
Criminal statute
Status: in_force

Sec. 38. IC 3-14-2-25 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-43-5-20 — Indiana Code / Title 35 / Article 43 / Chapter 5 / Section 35-43-5-20
Repealed
Status: repealed

As added by P.L.81-2008, SEC.5. Amended by P.L.158-2013, SEC.489. Repealed by P.L.174-2021, SEC.63.
Ind. Code § 35-37-5-5 — Indiana Code / Title 35 / Article 37 / Chapter 5 / Section 35-37-5-5
Witness from another state summoned to testify in this state
Status: in_force

Sec. 5. (a) If a person in any state that has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in this state or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence in this state, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county of the state in which the witness is found.

(b) If the witness is summoned to attend and testify in this state, the witness shall be tendered a sum for expenses equal to the amount provided under IC 33-37-10-2. The fees shall be a proper charge upon the county in which the criminal prosecution or grand jury investigation is pending.

(c) A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.

(d) If the witness fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.

As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984, SEC.79; P.L.192-1986, SEC.39; P.L.305-1987, SEC.34; P.L.98-2004, SEC.149.
Ind. Code § 35-31.5-2-175 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-175
"Interactive computer service"
Status: in_force

Sec. 175. "Interactive computer service", for purposes of IC 35-45-5, has the meaning set forth in IC 35-45-5-1(g).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-38-7-19 — Indiana Code / Title 35 / Article 38 / Chapter 7 / Section 35-38-7-19
Favorable results of postconviction testing
Status: in_force

Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:

(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.

(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.

(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.

As added by P.L.49-2001, SEC.2.
Ind. Code § 35-33-8-3.2 — Indiana Code / Title 35 / Article 33 / Chapter 8 / Section 35-33-8-3.2
Pretrial risk assessment; conditions to assure appearance; remittance of deposit; collection of fees
Status: in_force

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 3.2. (a) After considering the results of the Indiana pretrial risk assessment system (if available), other relevant factors, and bail guidelines described in section 3.8 of this chapter, a court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety:

(1) Require the defendant to:

(A) execute a bail bond with sufficient solvent sureties;

(B) deposit cash or securities in an amount equal to the bail;

(C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;

(D) post a real estate bond; or

(E) perform any combination of the requirements described in clauses (A) through (D).

If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. Before execution of the agreement, the defendant or person who makes the deposit on behalf of the defendant shall be advised that, upon conviction of the defendant, the court may retain from the cash deposited as bail all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The defendant must also pay the fee required by subsection (d).

(2) Require the defendant to execute:

(A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and

(B) an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.

A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of in accordance with subsection (b), and the fee required by subsection (d). In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution. The individual posting bail for the defendant or the defendant admitted to bail under this subdivision must be notified by the sheriff, court, or clerk that the defendant's deposit may be forfeited under section 7 of this chapter or retained under subsection (b).

(3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.

(4) Except as provided in section 3.6 of this chapter, require the defendant to refrain from any direct or indirect contact with an individual and, if the defendant has been charged with an offense under IC 35-46-3, any animal belonging to the individual, including if the defendant has not been released from lawful detention.

(5) Place the defendant under the reasonable supervision of a probation officer, pretrial services agency, or other appropriate public official. If the court places the defendant under the supervision of a probation officer or pretrial services agency, the court shall determine whether the defendant must pay the pretrial services fee under section 3.3 of this chapter.

(6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court. The supervisor need not be financially responsible for the defendant.

(7) Release the defendant on personal recognizance unless:

(A) the state presents evidence relevant to a risk by the defendant:

(i) of nonappearance; or

(ii) to the physical safety of the public; and

(B) the court finds by a preponderance of the evidence that the risk exists.

(8) Require a defendant charged with an offense under IC 35-46-3 to refrain from owning, harboring, or training an animal.

(9) Require a defendant to participate in a mental health referral program under IC 33-23-18.

(10) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community.

(b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the person who made the deposit. The portion of the deposit that is not remitted to the person who made the deposit shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40-3.

(c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed or the defendant is acquitted or convicted of the charges.

(d) Except as provided in subsection (e), the clerk of the court shall:

(1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and

(2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2).

The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the Indiana public retirement system for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2).

(e) With the approval of the clerk of the court, the county sheriff may collect the bail posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor.

(f) When a court imposes a condition of bail described in subsection (a)(4):

(1) the clerk of the court shall comply with IC 5-2-9; and

(2) the prosecuting attorney shall file a confidential form prescribed or approved by the office of judicial administration with the clerk.

(g) The clerk of the court shall record the name, address, and bail agent license number, if applicable, of the bail agent or a person authorized by the surety posting bail for the defendant in the county court electronic case management system.

As added by P.L.107-1998, SEC.2. Amended by P.L.1-2001, SEC.36; P.L.1-2003, SEC.91; P.L.98-2004, SEC.140; P.L.10-2005, SEC.4; P.L.1-2006, SEC.528; P.L.97-2006, SEC.1; P.L.173-2006, SEC.42; P.L.1-2007, SEC.226; P.L.104-2008, SEC.6; P.L.111-2009, SEC.7; P.L.94-2010, SEC.9; P.L.35-2012, SEC.107; P.L.187-2017, SEC.5; P.L.161-2018, SEC.115; P.L.147-2022, SEC.6; P.L.205-2023, SEC.30.
Ind. Code § 35-38-5-3 — Indiana Code / Title 35 / Article 38 / Chapter 5 / Section 35-38-5-3
Repealed
Status: repealed

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.5.
Ind. Code § 35-52-16-73 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-73
Criminal statute
Status: in_force

Sec. 73. IC 16-41-29-5 defines a crime concerning regulation of lodging facilities and bedding materials.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-41-1-1 — Indiana Code / Title 35 / Article 41 / Chapter 1 / Section 35-41-1-1
Jurisdiction
Status: in_force

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 (before its repeal), 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 (before its repeal) 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.

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; P.L.174-2021, SEC.42.
Ind. Code § 35-31.5-2-239.5 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-239.5
"Post"
Status: in_force

Sec. 239.5. "Post" means to deliver, disseminate, or transmit information, regardless of whether the information transmitted is an audio file, a video, an image, or in a text format, to more than one (1) person through a social media platform.

As added by P.L.146-2026, SEC.2.
Ind. Code § 35-38-1-30 — Indiana Code / Title 35 / Article 38 / Chapter 1 / Section 35-38-1-30
Sentence; refrain from contact
Status: in_force

Sec. 30. A sentencing court may require that, as a condition of a person's executed sentence, the person shall refrain from any direct or indirect contact with an individual.

As added by P.L.104-2008, SEC.21.
Ind. Code § 35-52-4-35 — Indiana Code / Title 35 / Article 52 / Chapter 4 / Section 35-52-4-35
Criminal statute
Status: in_force

Sec. 35. IC 4-36-6-5 defines a crime concerning gambling in certain establishments.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-16-48 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-48
Criminal statute
Status: in_force

Sec. 48. IC 16-41-10-7 defines a crime concerning communicable diseases.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-4-3 — Indiana Code / Title 35 / Article 52 / Chapter 4 / Section 35-52-4-3
Criminal statute
Status: in_force

Sec. 3. IC 4-2-7-8 defines a crime concerning the inspector general.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-186.2 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-186.2
"Lawful supervision"
Status: in_force

Sec. 186.2. "Lawful supervision", for purposes of IC 35-44.1-3-10, has the meaning set forth in IC 35-44.1-3-10.

As added by P.L.185-2014, SEC.4.
Ind. Code § 35-52-3-57 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-57
Criminal statute
Status: in_force

Sec. 57. IC 3-14-3-14 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33-2-1 — Indiana Code / Title 35 / Article 33 / Chapter 2 / Section 35-33-2-1
Grounds; indictment or information filed; probable cause
Status: in_force

Sec. 1. (a) Except as provided in chapter 4 of this article, whenever an indictment is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court, without making a determination of probable cause, shall issue a warrant for the arrest of the defendant.

(b) Whenever an information is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court shall issue a warrant for the arrest of the defendant after first determining that probable cause exists for the arrest.

(c) No warrant for arrest of a person may be issued until:

(1) an indictment has been found charging him with the commission of an offense; or

(2) a judge has determined that probable cause exists that the person committed a crime and an information has been filed charging him with a crime.

As added by Acts 1981, P.L.298, SEC.2.
Ind. Code § 35-47-15-6 — Indiana Code / Title 35 / Article 47 / Chapter 15 / Section 35-47-15-6
Immunity from civil or criminal liability
Status: in_force

Sec. 6. An entity that provides evidence required under section 5 of this chapter is immune from civil or criminal liability for providing the evidence.

As added by P.L.1-2006, SEC.538.
Ind. Code § 35-52-12-5 — Indiana Code / Title 35 / Article 52 / Chapter 12 / Section 35-52-12-5
Criminal statute
Status: in_force

Sec. 5. IC 12-15-24-2 defines a crime concerning Medicaid.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-119 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-119
"Entrusted"
Status: in_force

Sec. 119. "Entrusted", for purposes of IC 35-43-5, has the meaning set forth in IC 35-43-5-1(h).

As added by P.L.114-2012, SEC.67.
Ind. Code § 35-47-15-2 — Indiana Code / Title 35 / Article 47 / Chapter 15 / Section 35-47-15-2
"Law enforcement agency"
Status: in_force

Sec. 2. As used in this chapter, "law enforcement agency" means an agency or department of:

(1) the state;

(2) a political subdivision of the state; or

(3) a tribe;

whose principal function is the apprehension of criminal offenders.

As added by P.L.1-2006, SEC.538. Amended by P.L.64-2022, SEC.11.
Ind. Code § 35-48-2-9 — Indiana Code / Title 35 / Article 48 / Chapter 2 / Section 35-48-2-9
Schedule IV tests
Status: in_force

Sec. 9. (a) The board shall recommend placement of a substance in schedule IV under this chapter if it finds that:

(1) the substance has a low potential for abuse relative to substances in schedule III under this chapter;

(2) the substance has currently accepted medical use in treatment in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III under this chapter.

(b) The board may recommend placement of a substance in schedule IV under this chapter if it finds that the substance is classified as a controlled substance in schedule IV under federal law.

As added by Acts 1976, P.L.148, SEC.7. Amended by P.L.200-1987, SEC.11.
Ind. Code § 35-40-14-3 — Indiana Code / Title 35 / Article 40 / Chapter 14 / Section 35-40-14-3
Duties of law enforcement agencies concerning identity theft
Status: in_force

Sec. 3. (a) A person who has learned or reasonably suspects that the person has been the victim of identity theft may contact the local law enforcement agency that has jurisdiction over the person's residence. The local law enforcement agency shall take an official report of the matter and provide the complainant with a copy of that report. Even if jurisdiction lies elsewhere for investigation and prosecution of a crime of theft, the local law enforcement agency shall take the complaint and provide the person with a copy of the complaint. The law enforcement authority may refer the complaint to a law enforcement agency in a different jurisdiction.

(b) This section does not affect the discretion of a local law enforcement agency to allocate resources for investigation of crimes. A complaint filed under this section is not required to be counted as an open case for purposes of compiling open case statistics.

As added by P.L.137-2009, SEC.11.
Ind. Code § 35-45-15-5 — Indiana Code / Title 35 / Article 45 / Chapter 15 / Section 35-45-15-5
Money laundering; defenses
Status: in_force

Sec. 5. (a) A person that knowingly or intentionally:

(1) acquires or maintains an interest in, receives, conceals, possesses, transfers, or transports the proceeds of criminal activity;

(2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; or

(3) invests, expends, receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that are the proceeds of criminal activity, and the person knows that the proceeds or funds are the result of criminal activity;

commits money laundering, a Level 6 felony. However, the offense is:

(A) a Level 5 felony if the value of the proceeds or funds is at least fifty thousand dollars ($50,000);

(B) a Level 5 felony if a person commits the crime with the intent to:

(i) commit or promote an act of terrorism; or

(ii) obtain or transport a weapon of mass destruction; and

(C) a Level 4 felony if the value of the proceeds or funds is at least fifty thousand dollars ($50,000) and a person commits the crime with the intent to:

(i) commit or promote an act of terrorism; or

(ii) obtain or transport a weapon of mass destruction.

(b) It is a defense to prosecution under this section that the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose under Indiana or United States law.

(c) It is a defense to prosecution under this section that:

(1) the transaction was necessary to preserve a person's right to representation as guaranteed by the Sixth Amendment of the United States Constitution or Article 1, Section 13, of the Constitution of the State of Indiana; or

(2) the funds were received as bona fide legal fees by a licensed attorney and, at the time of the receipt of the funds, the attorney did not have actual knowledge that the funds were derived from criminal activity.

As added by P.L.112-1998, SEC.2. Amended by P.L.123-2002, SEC.42; P.L.158-2013, SEC.544.
Ind. Code § 35-52-25-61.5 — Indiana Code / Title 35 / Article 52 / Chapter 25 / Section 35-52-25-61.5
Repealed
Status: repealed

As added by P.L.70-2021, SEC.4. Repealed by P.L.142-2026, SEC.10.
Ind. Code § 35-47.5-5-6 — Indiana Code / Title 35 / Article 47.5 / Chapter 5 / Section 35-47.5-5-6
Hoax devices or replicas
Status: in_force

Sec. 6. A person who:

(1) manufactures;

(2) possesses;

(3) transports;

(4) distributes; or

(5) uses;

a hoax device or replica with the intent to cause another to believe that the hoax device or replica is a destructive device or detonator commits a Level 6 felony.

As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.612.
Ind. Code § 35-34-1-19 — Indiana Code / Title 35 / Article 34 / Chapter 1 / Section 35-34-1-19
Rules of construction
Status: in_force

Sec. 19. The words used in an indictment or information shall be construed using their ordinary and common meaning, except words and phrases defined by law, which are to be construed according to their legal meaning.

As added by Acts 1981, P.L.298, SEC.3.
Ind. Code § 35-52-13-8 — Indiana Code / Title 35 / Article 52 / Chapter 13 / Section 35-52-13-8
Criminal statute
Status: in_force

Sec. 8. IC 13-20-22-21 defines a crime concerning solid waste management.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-36-12-6 — Indiana Code / Title 35 / Article 36 / Chapter 12 / Section 35-36-12-6
Court appointed special advocate assistance
Status: in_force

Sec. 6. A court appointed forensic advocate appointed by a court under this chapter may continue to assist the person with an intellectual disability, a developmental disability, or an autism spectrum disorder while the person is undergoing treatment or serving the person's sentence, if applicable.

As added by P.L.187-2015, SEC.46.
Ind. Code § 35-31.5-2-273.8 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-273.8
"Remote computing service"
Status: in_force

Sec. 273.8. "Remote computing service", for purposes of IC 35-33-5, has the meaning set forth in IC 35-33-5-0.5(6).

As added by P.L.170-2014, SEC.10.
Ind. Code § 35-33-7-6 — Indiana Code / Title 35 / Article 33 / Chapter 7 / Section 35-33-7-6
Indigent defendant; assignment of counsel; ability to pay; transfer of fees
Status: in_force

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person.

(b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant.

(c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:

(1) For a felony action, a fee of two hundred dollars ($200).

(2) For a misdemeanor action, a fee of one hundred dollars ($100).

(d) If the court orders the person to pay an amount described in subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether the person has paid the required amount.

(e) The clerk of the court shall deposit the first one hundred dollars ($100) in a felony case and the first fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) in the county's supplemental public defender services fund established by IC 33-40-3-1.

(f) The clerk of the court shall transfer the remaining one hundred dollars ($100) in a felony case and the remaining fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) to the state comptroller for deposit in the public defense fund established by IC 33-40-6-1.

(g) The court may review the finding of indigency at any time during the proceedings if:

(1) the court receives evidence of a material change in the person's income or assets; or

(2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1; P.L.111-2024, SEC.16.
Ind. Code § 35-52-7-46 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-46
Criminal statute
Status: in_force

Sec. 46. IC 7.1-5-8-4 defines a crime concerning sales.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-7-75 — Indiana Code / Title 35 / Article 52 / Chapter 7 / Section 35-52-7-75
Repealed
Status: repealed

As added by P.L.169-2014, SEC.2. Repealed by P.L.9-2017, SEC.1.
Ind. Code § 35-52-3-41 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-41
Criminal statute
Status: in_force

Sec. 41. IC 3-14-2-28 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-25-39 — Indiana Code / Title 35 / Article 52 / Chapter 25 / Section 35-52-25-39
Criminal statute
Status: in_force

Sec. 39. IC 25-24-3-17 defines a crime concerning optometrists.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-47-2-1.5 — Indiana Code / Title 35 / Article 47 / Chapter 2 / Section 35-47-2-1.5
Unlawful carrying of a handgun
Status: in_force

Sec. 1.5. (a) The following terms are defined for this section:

(1) "Adjudicated a mental defective" means a determination by a court that a person:

(A) presents a danger to the person or to others; or

(B) lacks the mental capacity necessary to contract or manage the person's affairs.

The term includes a finding of insanity by a court in a criminal proceeding.

(2) "Alien" means any person who is not lawfully in the United States. The term includes:

(A) any person who has:

(i) entered the United States without inspection and authorization by an immigration officer; and

(ii) not been paroled into the United States under the federal Immigration and Nationality Act;

(B) a nonimmigrant:

(i) whose authorized period of stay has expired; or

(ii) who has violated the terms of the nonimmigrant category under which the person was admitted;

(C) a person paroled under the federal Immigration and Nationality Act whose period of parole has:

(i) expired; or

(ii) been terminated; and

(D) a person subject to an order:

(i) of deportation, exclusion, or removal; or

(ii) to depart the United States voluntarily;

regardless of whether or not the person has left the United States.

(3) "Committed to a mental institution" means the formal commitment of a person to a mental institution by a court. The term includes:

(A) a commitment for:

(i) a cognitive or mental defect; or

(ii) a mental illness; and

(B) involuntary commitments.

The term does not include voluntary commitments or a commitment made for observational purposes.

(4) "Crime of domestic violence" has the meaning set forth in IC 35-31.5-2-78.

(5) "Dangerous" has the meaning set forth in IC 35-47-14-1.

(6) "Fugitive from justice" means any person who:

(A) flees or leaves from any state to avoid prosecution for a felony or misdemeanor offense; or

(B) flees or leaves any state to avoid testifying in a criminal proceeding.

(7) "Indictment" means any formal accusation of a crime made by a prosecuting attorney in any court for a crime punishable by a term of imprisonment exceeding one (1) year.

(8) A crime or offense "punishable by a term of imprisonment exceeding one (1) year" does not include a federal or state crime or offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.

(b) Except as provided in subsections (c) and (d), the following persons may not knowingly or intentionally carry a handgun:

(1) A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year.

(2) A fugitive from justice.

(3) An alien.

(4) A person convicted of:

(A) a crime of domestic violence (IC 35-31.5-2-78);

(B) domestic battery (IC 35-42-2-1.3); or

(C) criminal stalking (IC 35-45-10-5).

(5) A person restrained by an order of protection issued under IC 34-26-5.

(6) A person under indictment.

(7) A person who has been:

(A) adjudicated dangerous under IC 35-47-14-6;

(B) adjudicated a mental defective; or

(C) committed to a mental institution.

(8) A person dishonorably discharged from:

(A) military service; or

(B) the National Guard.

(9) A person who renounces the person's United States citizenship in the manner described in 8 U.S.C. 1481.

(10) A person who is less than:

(A) eighteen (18) years of age; or

(B) twenty-three (23) years of age and has an adjudication as a delinquent child for an act described by IC 35-47-4-5;

unless authorized under IC 35-47-10.

(c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if a court has restored the person's right to possess a firearm under IC 35-47-4-7.

(d) A person who has:

(1) been adjudicated dangerous under IC 35-47-14-6; and

(2) successfully petitioned for the return of a firearm under IC 35-47-14-8 with respect to the adjudication under subdivision (1);

is not prohibited from carrying a handgun under subsection (b) on the basis that the person was adjudicated dangerous under subdivision (1). However, the person may still be prohibited from carrying a handgun on one (1) or more of the other grounds listed in subsection (b).

(e) A person who violates this section commits unlawful carrying of a handgun, a Class A misdemeanor. However, the offense is a Level 5 felony if:

(1) the offense is committed:

(A) on or in school property;

(B) within five hundred (500) feet of school property; or

(C) on a school bus; or

(2) the person:

(A) has a prior conviction of any offense under:

(i) this section;

(ii) section 1 of this chapter (carrying a handgun without a license) (before its repeal); or

(iii) section 22 of this chapter; or

(B) has been convicted of a felony within fifteen (15) years before the date of the offense.

As added by P.L.175-2022, SEC.9.
Ind. Code § 35-49-1-1 — Indiana Code / Title 35 / Article 49 / Chapter 1 / Section 35-49-1-1
Definitions applicable throughout article
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.311-1983, SEC.33.
Ind. Code § 35-52-20-7 — Indiana Code / Title 35 / Article 52 / Chapter 20 / Section 35-52-20-7
Criminal statute
Status: in_force

Sec. 7. IC 20-27-9-17 defines a crime concerning school transportation.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-49-3-2 — Indiana Code / Title 35 / Article 49 / Chapter 3 / Section 35-49-3-2
Obscene performance
Status: in_force

Sec. 2. A person who knowingly or intentionally engages in, participates in, manages, produces, sponsors, presents, exhibits, photographs, films, or videotapes any obscene performance commits a Class A misdemeanor. However, the offense is a Level 6 felony if the obscene performance depicts or describes sexual conduct involving any person who is or appears to be under eighteen (18) years of age.

As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.42; P.L.158-2013, SEC.647; P.L.168-2014, SEC.107.
Ind. Code § 35-33-4.5-4 — Indiana Code / Title 35 / Article 33 / Chapter 4.5 / Section 35-33-4.5-4
"Lineup"
Status: in_force

Sec. 4. As used in this chapter, "lineup" includes a photo lineup.

As added by P.L.127-2025, SEC.8.
Ind. Code § 35-38-1-22 — Indiana Code / Title 35 / Article 38 / Chapter 1 / Section 35-38-1-22
Juveniles; service of misdemeanor sentences in juvenile detention facilities
Status: in_force

Sec. 22. A court that imposes a sentence for conviction of a misdemeanor upon a person who is less than eighteen (18) years of age may enter an order requiring that the convicted person serve the sentence in a juvenile detention facility established under IC 31-31-8 (or IC 31-6-9-5 before its repeal). However, before an order may be entered under this section, the court must secure the written approval of the judge of the juvenile court allowing the detention of the person in the juvenile detention facility.

As added by P.L.173-1988, SEC.2. Amended by P.L.271-1989, SEC.2; P.L.73-1992, SEC.11; P.L.1-1997, SEC.146.
Ind. Code § 35-49-2-2.5 — Indiana Code / Title 35 / Article 49 / Chapter 2 / Section 35-49-2-2.5
Governmental entity may not host, fund, or organize an obscene performance
Status: in_force

Sec. 2.5. A governmental entity may not knowingly or intentionally:

(1) organize or host an obscene performance; or

(2) fund, in whole or part, an obscene performance with public funds.

As added by P.L.218-2025, SEC.20.
Ind. Code § 35-52-16-59 — Indiana Code / Title 35 / Article 52 / Chapter 16 / Section 35-52-16-59
Criminal statute
Status: in_force

Sec. 59. IC 16-41-14-20 defines a crime concerning communicable diseases.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-52-3-30 — Indiana Code / Title 35 / Article 52 / Chapter 3 / Section 35-52-3-30
Criminal statute
Status: in_force

Sec. 30. IC 3-14-2-17 defines a crime concerning voting.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-31.5-2-237 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-237
"Police radio"
Status: in_force

Sec. 237. "Police radio", for purposes of IC 35-44.1-2-7, has the meaning set forth in IC 35-44.1-2-7(c).

As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.125.
Ind. Code § 35-33-14-5 — Indiana Code / Title 35 / Article 33 / Chapter 14 / Section 35-33-14-5
Composition of fund
Status: in_force

Sec. 5. The fund consists of the portion of late surrender fees deposited in the fund under IC 27-10-2-12(i).

As added by P.L.355-1989(ss), SEC.15.
Ind. Code § 35-45-18-3 — Indiana Code / Title 35 / Article 45 / Chapter 18 / Section 35-45-18-3
Unlawful promotion or organization of combative fighting
Status: in_force

Sec. 3. A person who knowingly or intentionally promotes or organizes combative fighting commits unlawful promotion or organization of combative fighting, a Class C infraction. However, the offense is a Class A misdemeanor if, within the five (5) years preceding the commission of the offense, the person had a prior unrelated adjudication or conviction under this section.

As added by P.L.112-2007, SEC.2. Amended by P.L.158-2013, SEC.546; P.L.32-2019, SEC.40.
Ind. Code § 35-52-27-6 — Indiana Code / Title 35 / Article 52 / Chapter 27 / Section 35-52-27-6
Criminal statute
Status: in_force

Sec. 6. IC 27-1-7-23 defines a crime concerning the department of insurance.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-50-2-4 — Indiana Code / Title 35 / Article 50 / Chapter 2 / Section 35-50-2-4
Class A felony; Level 1 felony
Status: in_force

Sec. 4. (a) A person who commits a Class A felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between twenty (20) and fifty (50) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

(b) Except as provided in subsection (c), a person who commits a Level 1 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between twenty (20) and forty (40) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

(c) A person who commits a Level 1 felony child molesting offense described in:

(1) IC 35-42-4-3(a)(1); or

(2) IC 35-42-4-3(a)(3);

shall be imprisoned for a fixed term of between twenty (20) and fifty (50) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.117; P.L.164-1994, SEC.3; P.L.148-1995, SEC.5; P.L.71-2005, SEC.7; P.L.158-2013, SEC.655; P.L.168-2014, SEC.113; P.L.226-2014(ts), SEC.13; P.L.109-2023, SEC.1.
Ind. Code § 35-52-28-14 — Indiana Code / Title 35 / Article 52 / Chapter 28 / Section 35-52-28-14
Criminal statute
Status: in_force

Sec. 14. IC 28-11-5-2 defines a crime concerning the department of financial institutions.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-33-9-3 — Indiana Code / Title 35 / Article 33 / Chapter 9 / Section 35-33-9-3
Bond; conditions of undertaking
Status: in_force

Sec. 3. (a) The sureties on all appeal bonds must possess the qualifications that are required of bail in criminal cases, except the undertaking must also include the defendant's promise to:

(1) faithfully prosecute his appeal;

(2) abide by the order and judgment of the court to which the cause is appealed;

(3) surrender himself in execution of the judgment if the appeal be affirmed or dismissed; and

(4) surrender himself to the trial court if required by the judgment upon reversal.

(b) If undertaking is given before an appeal has been perfected, the undertaking must include a promise that an appeal will be perfected by the defendant.

As added by Acts 1981, P.L.298, SEC.2.
Ind. Code § 35-33-4.5-7 — Indiana Code / Title 35 / Article 33 / Chapter 4.5 / Section 35-33-4.5-7
Lineup procedures; alternative lineup procedures
Status: in_force

Sec. 7. (a) Except as provided in subsection (b), a lineup conducted by a law enforcement agency, or an employee of a law enforcement agency, shall be conducted in accordance with this chapter.

(b) If it is impossible or impracticable to follow the procedures set forth in this chapter, a law enforcement agency may conduct a lineup using an alternative procedure approved by the law enforcement training board.

(c) Failure to comply with any of the requirements of this chapter, or, if applicable, an alternative procedure approved by the law enforcement training board, is admissible to support a claim of eyewitness misidentification, if the evidence is not otherwise inadmissible.

As added by P.L.127-2025, SEC.8.
Ind. Code § 35-31.5-2-236.8 — Indiana Code / Title 35 / Article 31.5 / Chapter 2 / Section 35-31.5-2-236.8
"Police officer"
Status: in_force

Sec. 236.8. "Police officer", for purposes of IC 35-50-2-11, has the meaning set forth in IC 35-50-2-11.

As added by P.L.238-2015, SEC.9.
Ind. Code § 35-46-8-1 — Indiana Code / Title 35 / Article 46 / Chapter 8 / Section 35-46-8-1
Application
Status: in_force

Sec. 1. This chapter does not apply to a law enforcement officer acting within the scope of the officer's employment.

As added by P.L.94-2005, SEC.6.
Ind. Code § 35-37-5-3 — Indiana Code / Title 35 / Article 37 / Chapter 5 / Section 35-37-5-3
Subpoena; persons imprisoned or institutionalized within this state
Status: in_force

Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this state is necessary in any criminal proceeding, the subpoena shall be delivered or mailed to the official in charge of the institution.

(b) The official in charge of the institution shall bring the witness named in the subpoena before the court at the time and place specified and hold him until he is discharged by the court. When so discharged, the witness shall be returned to the custody of such official and returned to the institution. The official in charge of the institution may request from the court issuing the subpoena such assistance as he deems proper for the safe transportation of the witness.

(c) When such witness is in attendance upon any court, he may be placed, for safe-keeping, in the jail of the county or any other suitable place pursuant to an order of the court. The county in which the proceeding is pending shall pay the actual and necessary expense of producing, keeping, and returning such witness.

As added by P.L.311-1983, SEC.2.
Ind. Code § 35-52-15-27 — Indiana Code / Title 35 / Article 52 / Chapter 15 / Section 35-52-15-27
Criminal statute
Status: in_force

Sec. 27. IC 15-18-1-33 defines a crime concerning dairy products.

As added by P.L.169-2014, SEC.2.
Ind. Code § 35-47-14-8 — Indiana Code / Title 35 / Article 47 / Chapter 14 / Section 35-47-14-8
Petition for return of a firearm; expungement; reporting
Status: in_force

Sec. 8. (a) At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual's firearm under section 6(c) of this chapter, the individual may petition the court for a finding that the individual is no longer dangerous.

(b) Upon receipt of a petition described in subsection (a), the court shall:

(1) enter an order setting a date for a hearing on the petition; and

(2) inform the prosecuting attorney of the date, time, and location of the hearing.

(c) The prosecuting attorney shall represent the state at the hearing on a petition under this section.

(d) In a hearing on a petition under this section, the individual may be represented by an attorney.

(e) In a hearing on a petition under this section filed:

(1) not later than one (1) year after the date of the order issued under section 6(c) of this chapter, the individual must prove by a preponderance of the evidence that the individual is no longer dangerous; and

(2) later than one (1) year after the date of the order issued under section 6(c) of this chapter, the state must prove by clear and convincing evidence that the individual is still dangerous.

(f) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is no longer dangerous, the court:

(1) shall:

(A) issue a court order that finds that the individual is no longer dangerous;

(B) order the law enforcement agency having custody of any firearm to return the firearm as quickly as practicable, but not later than five (5) days after the date of the order, to the individual;

(C) terminate any injunction issued under section 6 of this chapter; and

(D) terminate the suspension of the individual's license to carry a handgun so that the individual may reapply for a license; and

(2) may order that one (1) or more of the following records be sealed and expunged:

(A) The court's file.

(B) The records of any law enforcement agency or other person involved in the:

(i) investigation of the individual under this chapter;

(ii) filing of a search warrant return under section 2 of this chapter; or

(iii) filing of an affidavit under section 3 of this chapter.

(C) The records contained in any central repository for criminal history or civil litigation information, including the repository maintained by the state police department. This clause does not require the state police department to seal any record the state police department does not have legal authority to seal.

A record sealed under this subdivision may be disclosed to a law enforcement officer acting within the scope of the officer's duties, but may not be disclosed to any other individual or be accessible to any other person unless authorized by a court order.

(g) If, before July 1, 2025, the court issued an order that an individual is no longer dangerous under subsection (f), and the individual subsequently files a motion to amend that order to include the expungement provisions of subsection (f)(2), the court may grant the motion and issue an amended order accordingly.

(h) If the court denies an individual's petition under this section, the individual may not file a subsequent petition until at least one hundred eighty (180) days after the date on which the court denied the petition.

(i) If a court issues an order that an individual is no longer dangerous under subsection (f)(1), the court's order shall be transmitted, as soon as practicable, to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) and, beginning July 1, 2021, for the collection of certain data related to the confiscation and retention of firearms taken from dangerous individuals in accordance with IC 33-24-6-3.

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.12; P.L.142-2020, SEC.79; P.L.32-2025, SEC.2.