reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 5. Offenses of General Applicability › 35-41-5-1. Attempt

Sec. 1. (a) A person attempts to commit a crime when, acting with the culpability required for commission of the crime, 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 5. Offenses of General Applicability › 35-41-5-2. Conspiracy

Sec. 2. (a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:
(1) a Level 2 felony if the conspiracy does not result in the death of a person; and
(2) a Level 1 felony if the conspiracy results in the death of another person.
(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.
(c) It is no defense that the person with whom the accused person is alleged to have conspired:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23; P.L.158-2013, SEC.409.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 5. Offenses of General Applicability › 35-41-5-3. Multiple Convictions

Sec. 3. (a) A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.
(b) A person may not be convicted of both a crime and an attempt to commit the same crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.24.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-0.5. Abortions Exempt

Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with:
(1) IC 16-34; or
(2) IC 35-1-58.5 (before its repeal).
As added by P.L.261-1997, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-1. Murder

Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sexual trafficking, promotion of sexual trafficking of a younger child, child sexual trafficking, or carjacking (before its repeal);
(3) kills another human being while committing or attempting to commit:
(A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(B) dealing in methamphetamine (IC 35-48-4-1.1);
(C) manufacturing methamphetamine (IC 35-48-4-1.2);
(D) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(E) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(F) dealing in a schedule V controlled substance; or
(4) except as provided in section 6.5 of this chapter, knowingly or intentionally kills a fetus in any stage of development;
commits murder, a felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230; P.L.158-2013, SEC.410; P.L.214-2013, SEC.35; P.L.168-2014, SEC.65; P.L.252-2017, SEC.10; P.L.144-2018, SEC.18; P.L.203-2018, SEC.1; P.L.215-2018(ss), SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-1.5. Dealing in a Controlled Substance Resulting in Death

Sec. 1.5. (a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of:
(1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);
(2) IC 35-48-4-1.1 (dealing in methamphetamine);
(3) IC 35-48-4-1.2 (manufacturing methamphetamine); or
(4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance);
that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 1 felony.
(b) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-3, that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 2 felony.
(c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4, an offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6), that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony.
(d) It is not a defense to an offense described in this section that the human being died:
(1) after voluntarily using, injecting, inhaling, absorbing, or ingesting a controlled substance or controlled substance analog; or
(2) as a result of using the controlled substance or controlled substance analog in combination with alcohol or another controlled substance or with any other compound, mixture, diluent, or substance.
As added by P.L.198-2018, SEC.7. Amended by P.L.80-2019, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-2. Causing Suicide

Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26; P.L.158-2013, SEC.411.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-2.5. Assisting Suicide

Sec. 2.5. (a) This section does not apply to the following:
(1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.
(2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), IC 16-36-7 (advance directive), or IC 30-5 (health care power of attorney).
(b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Level 5 felony:
(1) Provides the physical means by which the other person attempts or commits suicide.
(2) Participates in a physical act by which the other person attempts or commits suicide.
As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994, SEC.167; P.L.158-2013, SEC.412; P.L.50-2021, SEC.81.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-3. Voluntary Manslaughter

Sec. 3. (a) A person who knowingly or intentionally:
(1) kills another human being; or
(2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development;
while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.
(b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4; P.L.158-2013, SEC.413; P.L.203-2018, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-4. Involuntary Manslaughter

Sec. 4. (a) As used in this section, "fetus" means a fetus in any stage of development.
(b) A person who kills another human being while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
(3) battery;
commits involuntary manslaughter, a Level 5 felony.
(c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
(3) a battery offense included in IC 35-42-2; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Level 5 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1; P.L.158-2013, SEC.414; P.L.65-2016, SEC.31; P.L.203-2018, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-5. Reckless Homicide

Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Level 5 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6; P.L.158-2013, SEC.415.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-6. Feticide; Exemptions

Sec. 6. (a) This section does not apply to:
(1) the pregnant mother whose pregnancy is terminated;
(2) a person who in good faith provides medical treatment to a pregnant woman that results in the accidental or unintentional termination of the pregnancy; or
(3) a physician licensed under IC 25-22.5 who, upon the request of a pregnant woman, performs a medical procedure to terminate her pregnancy, even if the procedure is not authorized under IC 16-34-2-1.
(b) A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony.
As added by Acts 1979, P.L.153, SEC.3. Amended by P.L.2-1995, SEC.126; P.L.40-2009, SEC.1; P.L.158-2013, SEC.416; P.L.203-2018, SEC.4; P.L.179-2022(ss), SEC.49.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-6.5. Application of Certain Sections of the Chapter

Sec. 6.5. (a) The following sections of this chapter do not apply to an abortion performed in compliance with IC 16-34-2:
(1) Section 1 (murder).
(2) Section 3 (voluntary manslaughter).
(3) Section 4 (involuntary manslaughter).
(4) Section 6 (feticide).
(b) The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying:
(1) Section 1 (murder).
(2) Section 3 (voluntary manslaughter).
(3) Section 4 (involuntary manslaughter).
(4) Section 6 (feticide).
As added by P.L.203-2018, SEC.5. Amended by P.L.179-2022(ss), SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 1. Homicide › 35-42-1-7. Repealed

As added by P.L.123-1988, SEC.30. Amended by P.L.184-1989, SEC.27; P.L.2-1993, SEC.184; P.L.59-2012, SEC.3. Repealed by P.L.158-2013, SEC.417; P.L.213-2013, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-0.5. "Relative"

Sec. 0.5. "Relative", for purposes of IC 35-42-2-1, has the meaning set forth in IC 35-42-2-1(b).
As added by P.L.65-2016, SEC.32.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-1.5. Aggravated Battery

Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Level 3 felony. However, the offense is a Level 1 felony if it results in the death of a child less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
As added by P.L.213-1991, SEC.2. Amended by P.L.261-1997, SEC.6; P.L.158-2013, SEC.422.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-2. Criminal Recklessness

Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class B misdemeanor.
(b) The offense of criminal recklessness as defined in subsection (a) is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death or catastrophic injury of another person.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3; P.L.158-2013, SEC.423; P.L.184-2019, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-2.5. Hazing; Good Faith Reporting

Sec. 2.5. (a) As used in this section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who knowingly or intentionally performs hazing commits a Class B misdemeanor. However, the offense is a Level 6 felony if it results in serious bodily injury to another person, and a Level 5 felony if it is committed by means of a deadly weapon.
(c) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator were an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report of hazing;
(3) employs a reporting or participating person described in subdivision (1) or (2); or
(4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
(d) A person described in subsection (c)(1) or (c)(2) is presumed to act in good faith.
(e) A person described in subsection (c)(1) or (c)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the offender were an adult.
As added by P.L.158-2013, SEC.424.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-3. Provocation

Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.32; P.L.158-2013, SEC.425.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-5. Overpass Mischief

Sec. 5. (a) As used in this section, "overpass" means a bridge or other structure designed to carry vehicular or pedestrian traffic over any roadway, railroad track, or waterway.
(b) A person who knowingly, intentionally, or recklessly:
(1) drops, causes to drop, or throws an object from an overpass; or
(2) with intent that the object fall, places on an overpass an object that falls off the overpass;
causing bodily injury to another person commits overpass mischief, a Level 5 felony. However, the offense is a Level 4 felony if it results in serious bodily injury to another person.
As added by P.L.297-1995, SEC.1. Amended by P.L.158-2013, SEC.427.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-6. Repealed

As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002, SEC.1; P.L.85-2004, SEC.53; P.L.178-2007, SEC.3; P.L.131-2009, SEC.74; P.L.77-2012, SEC.62. Repealed by P.L.158-2013, SEC.429.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-9. Strangulation

Sec. 9. (a) This section does not apply to a medical procedure.
(b) As used in this section, "torso" means any part of the upper body from the collarbone to the hips.
(c) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat or neck of another person;
(2) obstructs the nose or mouth of the another person; or
(3) applies pressure to the torso of another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Level 6 felony.
(d) However, the offense under subsection (c) is a Level 5 felony if:
(1) the offense is committed by a person:
(A) against a pregnant woman; and
(B) who knew the victim was pregnant at the time of the offense; or
(2) the person has a prior unrelated conviction under this section.
As added by P.L.129-2006, SEC.2. Amended by P.L.158-2013, SEC.432; P.L.252-2017, SEC.11; P.L.40-2019, SEC.9; P.L.142-2020, SEC.65.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 2. Battery and Related Offenses › 35-42-2-10. Female Genital Mutilation

Sec. 10. (a) As used in this section, "female genital mutilation" means any procedure that involves the partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including the following:
(1) Clitoridectomy.
(2) Partial or total removal of the clitoris or the prepuce.
(3) Excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora.
(4) Infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris.
(5) Pricking, incising, or scraping, and cauterizing the genital area.
(6) Any other procedure intended to alter the structure or function of the female genitalia for nonmedical reasons.
(b) A person who:
(1) knowingly or intentionally performs the act of female genital mutilation on a child who is less than eighteen (18) years of age;
(2) is a parent, guardian, or custodian of the child and consents to, permits, or facilitates an act described in subdivision (1) to be performed on the child; or
(3) knowingly transports or facilitates the transportation of the child for the purpose of having an act described in subdivision (1) performed on the child;
commits the offense of female genital mutilation, a Level 3 felony.
(c) It is a defense to a prosecution described in this section that:
(1) the person performing the act is a physician (as defined in IC 16-18-2-282) or a licensed health care professional (as defined in IC 16-18-2-162) and the act is within the scope of the person's license and official duties; or
(2) the act is performed for medical purposes to preserve or protect the physical health of the child.
(d) It is not a defense to a prosecution described in this section that:
(1) the child or the child's parent, guardian, or custodian consented to the act described in subsection (b); or
(2) the act described in subsection (b) is:
(A) required by custom or is standard practice of a particular group; or
(B) performed in connection with a religious ritual.
(e) In addition to any criminal and civil penalties, a violation under this section shall result in the permanent revocation of the license of the physician or licensed health care professional.
(f) A person who has reason to believe that a child may be a victim of female genital mutilation shall immediately make a report as required under IC 31-33-5.
As added by P.L.51-2021, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3. Kidnapping and Confinement › 35-42-3-1. Definition

Sec. 1. As used in this chapter, "confine" means to substantially interfere with the liberty of a person.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.33.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3. Kidnapping and Confinement › 35-42-3-2. Kidnapping

Sec. 2. (a) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping. Except as provided in subsection (b), the offense of kidnapping is a Level 6 felony.
(b) The offense described in subsection (a) is:
(1) a Level 5 felony if:
(A) the person removed is less than fourteen (14) years of age and is not the removing person's child;
(B) it is committed by using a vehicle; or
(C) it results in bodily injury to a person other than the removing person;
(2) a Level 4 felony if it results in moderate bodily injury to a person other than the removing person;
(3) a Level 3 felony if it:
(A) is committed while armed with a deadly weapon;
(B) results in serious bodily injury to a person other than the removing person; or
(C) is committed on an aircraft; and
(4) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
(D) with intent to use the person removed as a shield or hostage.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.34; Acts 1978, P.L.144, SEC.4; P.L.158-2013, SEC.433; P.L.40-2019, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3. Kidnapping and Confinement › 35-42-3-3. Criminal Confinement

Sec. 3. (a) A person who knowingly or intentionally confines another person without the other person's consent commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Level 6 felony.
(b) The offense of criminal confinement defined in subsection (a) is:
(1) a Level 5 felony if:
(A) the person confined is less than fourteen (14) years of age and is not the confining person's child;
(B) it is committed by using a vehicle; or
(C) it results in bodily injury to a person other than the confining person;
(2) a Level 4 felony if it results in moderate bodily injury to a person other than the confining person;
(3) a Level 3 felony if it:
(A) is committed while armed with a deadly weapon;
(B) results in serious bodily injury to a person other than the confining person; or
(C) is committed on an aircraft; and
(4) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
(D) with intent to use the person confined as a shield or hostage.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.35; Acts 1979, P.L.299, SEC.1; P.L.183-1984, SEC.2; P.L.278-1985, SEC.8; P.L.49-1989, SEC.21; P.L.59-2002, SEC.2; P.L.70-2006, SEC.1; P.L.158-2013, SEC.434; P.L.40-2019, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3. Kidnapping and Confinement › 35-42-3-4. Interference With Custody

Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally:
(1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; or
(2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;
commits interference with custody, a Level 6 felony. However, the offense is a Level 5 felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Level 4 felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.
(b) A person who with the intent to deprive another person of custody or parenting time rights:
(1) knowingly or intentionally takes;
(2) knowingly or intentionally detains; or
(3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.
(c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.
(d) The offenses described in this section continue as long as the child is concealed or detained or both.
(e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.
(f) It is a defense to a prosecution under this section that the accused person:
(1) was threatened; or
(2) reasonably believed the child was threatened;
which resulted in the child not being timely returned to the other parent resulting in a violation of a child custody order.
As added by P.L.49-1989, SEC.22. Amended by P.L.162-1990, SEC.1; P.L.68-2005, SEC.60; P.L.164-2007, SEC.2; P.L.158-2013, SEC.435.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-0.5. Definitions

Sec. 0.5. (a) The following definitions apply throughout this chapter:
(1) "Human trafficking" means an offense described in sections 1 through 1.4 of this chapter.
(2) "Human trafficking victim" means a person who is the victim of human trafficking.
(3) "Sexual conduct" has the meaning set forth in IC 35-42-4-4.
(b) As used in this chapter, "force", "threat of force", "coercion", or "fraud" means but is not limited to a person:
(1) causing or threatening to cause physical harm to a human trafficking victim;
(2) physically restraining or threatening to physically restrain a human trafficking victim;
(3) abusing or threatening to abuse the law or legal process to further the act of human trafficking;
(4) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of the human trafficking victim;
(5) using blackmail or threatening to cause financial harm for the purpose of exercising financial control over the human trafficking victim; or
(6) facilitating or controlling a human trafficking victim's access to a controlled substance.
As added by P.L.144-2018, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-1. Promotion of Human Labor Trafficking

Sec. 1. A person who, by force, threat of force, coercion, or fraud, knowingly or intentionally recruits, harbors, provides, obtains, or transports an individual to engage the individual in labor or services commits promotion of human labor trafficking, a Level 4 felony.
As added by P.L.173-2006, SEC.52. Amended by P.L.1-2012, SEC.4; P.L.72-2012, SEC.3; P.L.55-2013, SEC.1; P.L.158-2013, SEC.436; P.L.168-2014, SEC.66; P.L.13-2016, SEC.14; P.L.86-2017, SEC.13; P.L.144-2018, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-1.1. Promotion of Human Sexual Trafficking

Sec. 1.1. A person who knowingly or intentionally uses force, threat of force, coercion, or fraud to recruit, entice, harbor, or transport an individual with the intent of causing the individual to:
(1) marry another person;
(2) engage in prostitution; or
(3) participate in sexual conduct;
commits promotion of human sexual trafficking, a Level 4 felony.
As added by P.L.144-2018, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-1.2. Promotion of Child Sexual Trafficking; Promotion of Sexual Trafficking of a Younger Child

Sec. 1.2. (a) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than eighteen (18) years of age with the intent of causing the child to engage in:
(1) prostitution or juvenile prostitution; or
(2) a performance or incident that includes sexual conduct in violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
commits promotion of child sexual trafficking, a Level 3 felony.
(b) It is not a defense to a prosecution under this section that the:
(1) child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct; or
(2) intended victim of the offense is a law enforcement officer.
(c) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than sixteen (16) years of age with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a Level 3 felony. It is a defense to a prosecution under this subsection if:
(1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or
(2) all the following apply:
(A) The person is not more than four (4) years older than the victim.
(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
(C) The crime:
(i) was not committed by a person who is at least twenty-one (21) years of age;
(ii) was not committed by using or threatening the use of deadly force;
(iii) was not committed while armed with a deadly weapon;
(iv) did not result in serious bodily injury;
(v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
(vi) was not committed by a person having a position of authority or substantial influence over the victim.
(D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.
(E) The person is not promoting prostitution (as defined in IC 35-45-4-4) with respect to the victim even though the person has not been charged with or convicted of the offense.
As added by P.L.144-2018, SEC.22.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-1.3. Child Sexual Trafficking

Sec. 1.3. A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution, juvenile prostitution, or participating in sexual conduct commits child sexual trafficking, a Level 2 felony.
As added by P.L.144-2018, SEC.23.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-1.4. Human Trafficking

Sec. 1.4. (a) A person who knowingly or intentionally:
(1) pays, or offers or agrees to pay, money or other property; or
(2) offers a benefit;
to or for a human trafficking victim with the specific intent to induce or obtain the product or act for which the human trafficking victim was trafficked commits human trafficking, a Level 4 felony.
(b) It is not a defense to a prosecution under this section that the human trafficking victim consented.
As added by P.L.144-2018, SEC.24. Amended by P.L.153-2022, SEC.2; P.L.3-2023, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-2. Restitution Orders

Sec. 2. In addition to any sentence or fine imposed for a conviction of an offense under sections 1 through 1.4 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime under IC 35-50-5-3.
As added by P.L.173-2006, SEC.52. Amended by P.L.144-2018, SEC.25.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-3. Civil Cause of Action

Sec. 3. (a) If a person is convicted of an offense under sections 1 through 1.4 of this chapter, the victim of the offense:
(1) has a civil cause of action against the person convicted of the offense; and
(2) may recover the following from the person in the civil action:
(A) Actual damages.
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under sections 1 through 1.4 of this chapter.
As added by P.L.173-2006, SEC.52. Amended by P.L.106-2010, SEC.15; P.L.144-2018, SEC.26.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-4. Rights of Alleged Victims

Sec. 4. (a) An alleged victim of an offense under sections 1 through 1.4 of this chapter:
(1) may not be detained in a facility that is inappropriate to the victim's status as a crime victim;
(2) may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and
(3) shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:
(A) taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of the alleged victim and the victim's family members are not disclosed to the public.
This subsection shall be administered by law enforcement agencies and the Indiana criminal justice institute as appropriate.
(b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under sections 1 through 1.4 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (LEA Declaration, Form I-914 Supplement B) in accordance with 8 CFR 214.11(f)(1). However, if the law enforcement agency finds that the grant of an LEA Declaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEA Declaration. After receiving a denial letter, the alleged victim may submit additional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the additional evidence.
(c) If a law enforcement agency detains an alleged victim of an offense under sections 1 through 1.4 of this chapter who is less than eighteen (18) years of age, the law enforcement agency shall immediately notify the department of child services that the alleged victim:
(1) has been detained; and
(2) may be a victim of child abuse or neglect.
As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009, SEC.27; P.L.23-2015, SEC.3; P.L.144-2018, SEC.27.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 3.5. Human and Sexual Trafficking › 35-42-3.5-5. Reporting of Human Trafficking Investigations to the Attorney General

Sec. 5. Not more than thirty (30) days after the date a law enforcement agency begins an investigation regarding a violation of:
(1) section 1 of this chapter;
(2) section 1.1 of this chapter;
(3) section 1.2 of this chapter;
(4) section 1.3 of this chapter; or
(5) section 1.4 of this chapter;
the law enforcement agency shall notify the attorney general of the investigation, so that the attorney general may assist the law enforcement agency pursuant to IC 4-6-2-12.
As added by P.L.153-2022, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 4. Sex Crimes › 35-42-4-1. Rape; Restitution

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 35-48-1-9) 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 4. Sex Crimes › 35-42-4-2. Repealed

As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3; P.L.31-1998, SEC.4. Repealed by P.L.158-2013, SEC.438; P.L.214-2013, SEC.37.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 42. Offenses Against the Person › Chapter 4. Sex Crimes › 35-42-4-5. Vicarious Sexual Gratification; Sexual Conduct in Presence of a Minor

Sec. 5. (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 5 felony. However, the offense is:
(1) a Level 4 felony if a child involved in the offense is under the age of fourteen (14); and
(2) a Level 3 felony if:
(A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
(B) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; or
(C) the commission of the offense results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:
(1) engage in sexual intercourse with another child under sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human being; or
(3) engage in other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 4 felony. However, the offense is a Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, and the offense is a Level 2 felony if the offense is committed by using or threatening the use of deadly force, if the offense is committed while armed with a deadly weapon, if the offense results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) A person eighteen (18) years of age or older who knowingly or intentionally:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, a Level 6 felony.
As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994, SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003, SEC.1; P.L.158-2013, SEC.441.