reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 10. Request for Notice › 35-40-10-2. Forms Designated by Prosecuting Attorney

Sec. 2. A notice provided to a victim under this article must be on a form designated by the prosecuting attorney. The prosecuting attorneys council of Indiana established by IC 33-39-8-2 shall develop and disseminate model notice forms for use by prosecuting attorneys.
As added by P.L.139-1999, SEC.1. Amended by P.L.98-2004, SEC.153.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 11. Victim's Discretion; Form of Statement › 35-40-11-1. Victim's Right to Be Heard at Court Proceedings

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 11. Victim's Discretion; Form of Statement › 35-40-11-2. Oral, Written, or Taped Statements Allowed

Sec. 2. Except as provided in section 3 of this chapter, a victim's right to be heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of a statement through audiotape or videotape.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 11. Victim's Discretion; Form of Statement › 35-40-11-3. Statement When Victim in Custody

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 12. Procedures Related to Notices and Consultations › 35-40-12-1. Consultation With Victim's Next of Kin, Parent, or Guardian

Sec. 1. (a) This section applies if:
(1) the victim is an individual;
(2) the victim is incompetent, deceased, less than eighteen (18) years of age, or otherwise incapable of receiving or understanding a notice or consultation required under this article; and
(3) a person has not been designated under IC 35-40-13 to exercise the rights of the victim under this article.
(b) A notice or consultation required under this article may be performed by notifying or consulting with at least one (1) of the next of kin or the parent, guardian, or custodian of the victim.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 12. Procedures Related to Notices and Consultations › 35-40-12-2. Notice to Victim's Agent

Sec. 2. (a) This section applies if the victim is an entity other than an individual.
(b) A notice or consultation required under this article may be performed by notifying or consulting with a responsible officer or agent of the entity.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 12. Procedures Related to Notices and Consultations › 35-40-12-3. Notice When Victim Is a Partnership

Sec. 3. (a) This section applies if the victim is a partnership.
(b) A notice or consultation required under this article may be performed by notifying or consulting with at least one (1) partner.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 12. Procedures Related to Notices and Consultations › 35-40-12-4. Name and Address of Person to Receive Notice

Sec. 4. (a) This section applies if the victim is an entity other than an individual.
(b) A request for notice under IC 35-40-10 must identify the name, electronic mail address, and mailing address of the person who is to receive notices and consultations on behalf of the entity.
As added by P.L.139-1999, SEC.1. Amended by P.L.162-2011, SEC.58.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 12. Procedures Related to Notices and Consultations › 35-40-12-5. Notice to Multiple Victims

Sec. 5. (a) This section applies if there are multiple victims that are entitled to notices or consultations under this article.
(b) The prosecuting attorney for the county in which the crime occurred may adopt procedures that afford to a group of victims the rights afforded by this article.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor › 35-40-13-1. Victim Physically or Emotionally Unable to Exercise Rights; Designation of Representative

Sec. 1. (a) If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise.
(b) A victim may revoke the designation of a representative at any time and exercise the victim's rights.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor › 35-40-13-2. Appointment of Representative by Court

Sec. 2. If a victim is incompetent, deceased, or otherwise incapable of designating another person to act in the victim's place, the court may appoint, upon request of the prosecuting attorney, a lawful representative who is not a witness.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor › 35-40-13-3. Victim a Minor

Sec. 3. If the victim is a minor, the victim's parents or legal guardian may exercise all of the victim's rights on behalf of the victim.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor › 35-40-13-4. Victim Not a Minor; Appointment of Representative by Court

Sec. 4. If section 3 of this chapter does not apply, the court shall consider appointing a relative of the incompetent, deceased, or otherwise incapable victim as the lawful representative.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor › 35-40-13-5. Guidelines for Court When Appointing Representatives

Sec. 5. The court shall consider the following guidelines in appointing a person to represent an incompetent or deceased victim:
(1) Any conflict occasioned by the allegation of criminal conduct that substantially or adversely affected the person.
(2) The person's willingness and ability to do all of the following:
(A) Work with and accompany the victim through all proceedings, including criminal, civil, and dependency proceedings.
(B) Communicate with the victim.
(C) Express the concerns of the victim to those authorized to come in contact with the victim as a result of the proceedings.
(3) The person's training, if any, to serve as a representative of the incompetent victim.
(4) The likelihood of the person being called as a witness in the criminal case involving the incompetent victim.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 14. Rights of Victims of Identity Deception › 35-40-14-1. "Identity Theft"

Sec. 1. As used in this chapter, "identity theft" means:
(1) identity deception (IC 35-43-5-3.5); or
(2) synthetic identity deception (IC 35-43-5-3.8) (before its repeal).
As added by P.L.137-2009, SEC.11. Amended by P.L.142-2020, SEC.62; P.L.174-2021, SEC.41.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 14. Rights of Victims of Identity Deception › 35-40-14-2. "Unit"

Sec. 2. As used in this chapter, "unit" refers to the identity theft unit established under IC 4-6-13-2.
As added by P.L.137-2009, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 14. Rights of Victims of Identity Deception › 35-40-14-3. Duties of Law Enforcement Agencies Concerning Identity Theft

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-1. Application

Sec. 1. (a) This chapter does not apply to the death of a person:
(1) under the care of a physician; or
(2) if the person's death may be the result of medical malpractice.
(b) This chapter does not affect the authority of the state police department to conduct a new investigation.
As added by P.L.71-2021, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-2. Right of an Immediate Family Member to Request an Investigation Into an Uncharged Death

Sec. 2. An immediate family member:
(1) of a person whose death is an uncharged death; and
(2) who has reasonable suspicion that the uncharged death was caused by the criminal act of a third person;
has the right to request the superintendent of the state police department to conduct a new investigation to determine whether the death was the result of a criminal act committed by a third person. An immediate family member has the right to request a new investigation even if the state police department assisted the local law enforcement agency in the earlier investigation of the uncharged death.
As added by P.L.71-2021, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-3. Manner of Requesting an Investigation Into an Uncharged Death

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-4. Duties of Superintendent

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-5. Duties of Coroner and Local Law Enforcement

Sec. 5. A coroner and a local law enforcement agency shall, upon request by the superintendent of the state police department, exchange information with, cooperate with, and assist the state police department in reviewing the request and, if applicable, conducting the new investigation.
As added by P.L.71-2021, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 15. Right to Request a New Investigation › 35-40-15-6. Limitations on New Investigations

Sec. 6. (a) An immediate family member is only entitled to request a new investigation under this chapter if the earlier investigation resulted in an uncharged death. An immediate family member is not entitled to request a new investigation under this chapter because the family member is dissatisfied with any other aspect of the earlier investigation, including:
(1) the failure to identify a suspect, or the identification or exclusion of a particular person as a criminal suspect; and
(2) a conclusion concerning which criminal offense resulting in death was committed.
(b) The superintendent of the state police department is only required to consider a request to conduct one (1) new investigation, regardless of the number of immediate family members who request a new investigation.
As added by P.L.71-2021, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 1. Definitions › 35-40.5-1-1. Definitions

Sec. 1. The following definitions apply throughout this article:
(1) "Law enforcement officer" means any of the following:
(A) A law enforcement officer (as defined in IC 35-31.5-2-185).
(B) A state educational institution police officer appointed under IC 21-39-4.
(C) A school corporation police officer appointed under IC 20-26-16.
(D) A school resource officer (as defined in IC 20-26-18.2-1).
(E) A police officer of a private postsecondary educational institution whose governing board has appointed the police officer under IC 21-17-5-2.
(2) "Provider" has the meaning set forth in IC 16-21-8-0.2.
(3) "Relative" has the meaning set forth in IC 35-42-2-1(b).
(4) "Sexual assault forensic evidence" means the results collected from a forensic medical examination of a victim by a provider.
(5) "State sexual assault response team" means the statewide sexual assault response team coordinated by the Indiana prosecuting attorneys council and the Indiana criminal justice institute.
(6) "Victim" means an individual:
(A) who is a victim of sexual assault (as defined in IC 5-26.5-1-8); or
(B) who:
(i) is a relative of or a person who has had a close personal relationship with the individual described under clause (A); and
(ii) is designated by the individual described under clause (A) as a representative.
The term does not include an individual who is accused of committing an act of sexual assault (as defined in IC 5-26.5-1-8) against the individual described under clause (A).
(7) "Victim advocate" has the meaning set forth in IC 35-37-6-3.5.
(8) "Victim service provider" has the meaning set forth in IC 35-37-6-5.
As added by P.L.58-2020, SEC.6. Amended by P.L.32-2021, SEC.94.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 2. Attachment and Duration of Rights › 35-40.5-2-1. When Rights Attach

Sec. 1. The rights provided to victims under this article attach whenever a victim is subject to:
(1) a forensic medical exam; or
(2) an interview by a law enforcement officer;
in relation to injuries, trauma, or an investigation resulting from an alleged sexual assault.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 2. Attachment and Duration of Rights › 35-40.5-2-2. Victim Continuously Retains Rights

Sec. 2. A victim continuously retains all the rights under this article regardless of whether the victim:
(1) agrees to participate in any civil or criminal proceeding related to the alleged sexual assault; or
(2) consents to a forensic medical exam to collect forensic evidence related to the alleged sexual assault.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 3. Right to a Victim Advocate or Victim Service Provider › 35-40.5-3-1. Victim's Right to Speak With Certain Persons

Sec. 1. A victim has the right to:
(1) speak with a victim advocate or victim service provider during any hospital visit for the purpose of receiving a sexual assault examination; and
(2) speak with a victim advocate or victim service provider during the course of the investigation.
If a victim advocate or victim service provider is not available, a victim has the right to speak with victims assistance or a social worker. A victim retains these rights even if the victim has waived one (1) or more of these rights in a previous examination or interview.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 3. Right to a Victim Advocate or Victim Service Provider › 35-40.5-3-2. Certain Communications Inadmissible as Evidence

Sec. 2. A victim's communications with a victim advocate, victim service provider, victims assistance, or a social worker are not admissible into evidence for any purpose except with consent of the victim.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 4. Collection of Sexual Assault Forensic Evidence › 35-40.5-4-1. Services Provided to Victim Without Charge

Sec. 1. As described in IC 16-21-8-6, a provider shall provide forensic medical exams and additional forensic services to a victim without charge.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 4. Collection of Sexual Assault Forensic Evidence › 35-40.5-4-2. Provider's Duty to Inform Victim of Certain Rights

Sec. 2. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall inform the victim of the following:
(1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response team, which shall be signed by the victim to confirm receipt, unless the victim has already been provided with the document under IC 35-40.5-5-1.
(2) The victim's right to speak with a victim advocate or victim service provider. If a victim advocate or victim service provider is not available, a victim has the right to speak with victims assistance or a social worker.
As added by P.L.58-2020, SEC.6. Amended by P.L.133-2020, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 4. Collection of Sexual Assault Forensic Evidence › 35-40.5-4-3. Provider to Notify Victim Advocate

Sec. 3. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall notify a victim advocate or a victim service provider. If a victim advocate or victim service provider is not available, the provider shall notify victims assistance or a social worker.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 5. Interview With a Law Enforcement Officer › 35-40.5-5-1. Law Enforcement Duty to Inform

Sec. 1. Before a law enforcement officer commences an interview of a victim, the law enforcement officer shall inform the victim of the following:
(1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response team, which shall be signed by the victim to confirm receipt, unless the victim has already been provided with the document under IC 35-40.5-4-2.
(2) The victim's right to speak with a victim advocate or victim service provider during the course of the investigation, and that the victim has the right to speak to victims assistance or a social worker if a victim advocate or victim service provider is not available.
As added by P.L.58-2020, SEC.6. Amended by P.L.133-2020, SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 6. Compliance › 35-40.5-6-1. Defendant May Not Object to Failure to Comply

Sec. 1. (a) A defendant or a person accused or convicted of a crime against a victim may not object to any failure in complying with this article.
(b) The failure to provide a right or notice to a victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside.
As added by P.L.58-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40.5. Rights of Sexual Assault Victims › Chapter 7. Notice to Victims › 35-40.5-7-1. Duty of Law Enforcement to Inform Victim of Rights

Sec. 1. (a) Upon initial interaction with a victim, a law enforcement officer or provider shall provide the victim with a document developed by the state sexual assault response team that explains the rights of victims:
(1) under this article and other relevant law;
(2) in a format accessible to persons with visual disabilities; and
(3) in English, Spanish, and German.
(b) The document described in subsection (a) shall include the following:
(1) A clear statement that a victim is not required to receive a medical evidentiary or physical examination in order to retain the rights provided under this article or any other relevant law.
(2) Information concerning state and federal victim compensation funds for medical and other costs associated with the sexual assault.
As added by P.L.58-2020, SEC.6. Amended by P.L.133-2020, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 5.5 of this chapter by P.L.80-2008 applies only to persons convicted after June 30, 2008.
As added by P.L.220-2011, SEC.590. Amended by P.L.63-2012, SEC.44.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-2. Repealed

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.2; Acts 1978, P.L.144, SEC.2; Acts 1982, P.L.204, SEC.33. Repealed by P.L.311-1983, SEC.49.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-6.3. Repealed

As added by P.L.195-2003, SEC.5. Amended by P.L.98-2004, SEC.154; P.L.121-2006, SEC.29; P.L.118-2007, SEC.33. Repealed by P.L.114-2012, SEC.92.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-6.5. Repealed

As added by P.L.133-2002, SEC.62. Amended by P.L.173-2006, SEC.50; P.L.171-2007, SEC.4; P.L.111-2009, SEC.9. Repealed by P.L.114-2012, SEC.93.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-8. Repealed

As added by P.L.311-1983, SEC.9. Amended by P.L.318-1985, SEC.1; P.L.140-1994, SEC.4; P.L.156-2001, SEC.8; P.L.123-2002, SEC.33; P.L.143-2006, SEC.1. Repealed by P.L.114-2012, SEC.96.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-10.5. Repealed

As added by P.L.65-1996, SEC.10. Amended by P.L.216-1996, SEC.16; P.L.26-2006, SEC.1; P.L.146-2008, SEC.682. Repealed by P.L.114-2012, SEC.101.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-17. Repealed

As added by P.L.311-1983, SEC.18. Amended by P.L.319-1987, SEC.2; P.L.47-1987, SEC.13; P.L.101-1990, SEC.6; P.L.40-1991, SEC.2; P.L.67-1992, SEC.4; P.L.244-1993, SEC.1; P.L.106-2001, SEC.1; P.L.204-2001, SEC.64; P.L.1-2002, SEC.148; P.L.222-2005, SEC.46; P.L.1-2006, SEC.530; P.L.1-2007, SEC.229; P.L.230-2007, SEC.25; P.L.77-2009, SEC.7. Repealed by P.L.114-2012, SEC.112.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-18. Repealed

As added by P.L.311-1983, SEC.19. Amended by P.L.17-1998, SEC.1; P.L.1-1999, SEC.78. Repealed by P.L.114-2012, SEC.113.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-18.5. Repealed

As added by P.L.134-1987, SEC.20. Amended by P.L.2-1991, SEC.105. Repealed by P.L.114-2012, SEC.115.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-21. Repealed

As added by P.L.311-1983, SEC.22. Amended by P.L.240-1991(ss2), SEC.97; P.L.12-1996, SEC.16. Repealed by P.L.114-2012, SEC.120.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-22. Repealed

As added by P.L.311-1983, SEC.23. Amended by P.L.8-1993, SEC.509; P.L.133-2002, SEC.64; P.L.3-2008, SEC.251. Repealed by P.L.114-2012, SEC.121.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-24.7. Repealed

As added by P.L.296-1987, SEC.4. Amended by P.L.34-1991, SEC.27; P.L.9-1991, SEC.95; P.L.2-1992, SEC.880; P.L.81-1992, SEC.38; P.L.1-1993, SEC.240; P.L.160-1994, SEC.1; P.L.1-2005, SEC.227; P.L.145-2006, SEC.370. Repealed by P.L.114-2012, SEC.127.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 1. Jurisdiction and Definitions › 35-41-1-26.3. Repealed

As added by P.L.138-2011, SEC.10; P.L.182-2011, SEC.10. Repealed by P.L.114-2012, SEC.131; P.L.114-2012, SEC.151.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-1. Voluntary Conduct

Sec. 1. (a) A person commits an offense only if he voluntarily engages in conduct in violation of the statute defining the offense. However, a person who omits to perform an act commits an offense only if he has a statutory, common law, or contractual duty to perform the act.
(b) If possession of property constitutes any part of the prohibited conduct, it is a defense that the person who possessed the property was not aware of his possession for a time sufficient for him to have terminated his possession.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-2. Culpability

Sec. 2. (a) A person engages in conduct "intentionally" if, when he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if a kind of culpability is required for commission of an offense, it is required with respect to every material element of the prohibited conduct.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-3. Liability of Corporation, Partnership, or Unincorporated Association

Sec. 3. (a) A corporation, limited liability company, partnership, or unincorporated association may be prosecuted for any offense; it may be convicted of an offense only if it is proved that the offense was committed by its agent acting within the scope of his authority.
(b) Recovery of a fine, costs (including fees), or forfeiture from a corporation, limited liability company, partnership, or unincorporated association is limited to the property of the corporation, limited liability company, partnership, or unincorporated association.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.5; P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-4. Aiding, Inducing, or Causing an Offense

Sec. 4. A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense, even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-5. Intoxication

Sec. 5. Intoxication is not a defense in a prosecution for an offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant meets the requirements of IC 35-41-3-5.
As added by P.L.210-1997, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 2. Basis of Criminal Liability › 35-41-2-6. Penalty for Certain Offenses

Sec. 6. (a) This section applies to an offense with a penalty that may be enhanced due to the value of the property involved in the offense.
(b) Offenses that are committed in a thirty (30) day period may be charged in a single count. The value of property involved in offenses:
(1) committed in a thirty (30) day period; and
(2) charged in a single count;
may be aggregated.
As added by P.L.166-2017, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-1. Legal Authority

Sec. 1. A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-3. Use of Force Relating to Arrest or Escape

Sec. 3. (a) The following definitions apply throughout this section:
(1) "Chokehold" means applying pressure to the throat or neck of another person in a manner intended to obstruct the airway of the other person.
(2) "Deadly force" includes a chokehold.
(b) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony.
However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
(c) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to enforce a criminal law or to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that that deadly force is necessary:
(A) to prevent the commission of a forcible felony; or
(B) to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(d) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
(e) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(f) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
(g) Notwithstanding subsection (c), (e), or (f), a guard, penal facility official, or law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a guard, penal facility official, or law enforcement officer to assert self-defense under IC 35-41-3-2.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1; P.L.12-2021, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-5. Intoxication

Sec. 5. It is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body:
(1) without his consent; or
(2) when he did not know that the substance might cause intoxication.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.10; Acts 1980, P.L.205, SEC.1; P.L.210-1997, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-6. Mental Disease or Defect

Sec. 6. (a) A person is not responsible for having engaged in prohibited conduct if, as a result of mental disease or defect, he was unable to appreciate the wrongfulness of the conduct at the time of the offense.
(b) As used in this section, "mental disease or defect" means a severely abnormal mental condition that grossly and demonstrably impairs a person's perception, but the term does not include an abnormality manifested only by repeated unlawful or antisocial conduct.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.11; P.L.184-1984, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-7. Mistake of Fact

Sec. 7. It is a defense that the person who engaged in the prohibited conduct was reasonably mistaken about a matter of fact, if the mistake negates the culpability required for commission of the offense.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-8. Duress

Sec. 8. (a) It is a defense that the person who engaged in the prohibited conduct was compelled to do so by threat of imminent serious bodily injury to himself or another person. With respect to offenses other than felonies, it is a defense that the person who engaged in the prohibited conduct was compelled to do so by force or threat of force. Compulsion under this section exists only if the force, threat, or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.
(b) This section does not apply to a person who:
(1) recklessly, knowingly, or intentionally placed himself in a situation in which it was foreseeable that he would be subjected to duress; or
(2) committed an offense against the person as defined in IC 35-42.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-9. Entrapment

Sec. 9. (a) It is a defense that:
(1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and
(2) the person was not predisposed to commit the offense.
(b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-10. Abandonment

Sec. 10. With respect to a charge under IC 35-41-2-4, IC 35-41-5-1, or IC 35-41-5-2, it is a defense that the person who engaged in the prohibited conduct voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-11. Mental Disease or Defect; Use of Justifiable Reasonable Force

Sec. 11. (a) As used in this section, "defendant" refers to an individual charged with any crime involving the use of force against a person.
(b) This section applies under the following circumstances when the defendant in a prosecution raises the issue that the defendant was at the time of the alleged crime suffering from the effects of battery as a result of the past course of conduct of the individual who is the victim of the alleged crime:
(1) The defendant raises the issue that the defendant was not responsible as a result of mental disease or defect under section 6 of this chapter, rendering the defendant unable to appreciate the wrongfulness of the conduct at the time of the crime.
(2) The defendant claims to have used justifiable reasonable force under section 2 of this chapter. The defendant has the burden of going forward to produce evidence from which a trier of fact could find support for the reasonableness of the defendant's belief in the imminence of the use of unlawful force or, when deadly force is employed, the imminence of serious bodily injury to the defendant or a third person or the commission of a forcible felony.
(c) If a defendant proposes to claim the use of justifiable reasonable force under subsection (b)(2), the defendant must file a written motion of that intent with the trial court not later than:
(1) twenty (20) days if the defendant is charged with a felony; or
(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;
before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before the commencement of the trial.
(d) The introduction of any expert testimony under this section shall be in accordance with the Indiana Rules of Evidence.
As added by P.L.210-1997, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 3. Defenses Relating to Culpability › 35-41-3-12. Defense to Crime Involving the Death of or Injury to a Fetus; Exceptions

Sec. 12. (a) It is a defense to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.
(b) Except as provided in subsection (c), it is a defense to any crime involving the death of or injury to a fetus that the mother of the fetus requested that the defendant terminate her pregnancy, and that the death or injury to the fetus was the result of the defendant's termination or attempted termination of her pregnancy.
(c) Subsection (b) is not a defense to:
(1) performing an unlawful abortion under IC 16-34-2-7; or
(2) feticide (IC 35-42-1-6).
As added by P.L.179-2022(ss), SEC.48.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 2 of this chapter by P.L.309-1985 do not apply to violations occurring before April 9, 1985.
(2) The amendments made to section 2 of this chapter by P.L.48-2001 apply to all crimes regardless of whether the crime was committed before, on, or after July 1, 2001.
(3) The amendments made to section 2(f) of this chapter by P.L.97-2004 do not apply to offenses committed under IC 35-42-4-3(c) and IC 35-42-4-3(d) as those provisions existed before the amendment of IC 35-42-4-3 by P.L.79-1994.
As added by P.L.220-2011, SEC.591. Amended by P.L.63-2012, SEC.45.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-1. Standard of Proof; Insanity Defense

Sec. 1. (a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.
(b) Notwithstanding subsection (a), the burden of proof is on the defendant to establish the defense of insanity (IC 35-41-3-6) by a preponderance of the evidence.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.16; Acts 1978, P.L.145, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-3. When Prosecution Barred for Same Offense

Sec. 3. (a) A prosecution is barred if there was a former prosecution of the defendant based on the same facts and for commission of the same offense and if:
(1) the former prosecution resulted in an acquittal or a conviction of the defendant (A conviction of an included offense constitutes an acquittal of the greater offense, even if the conviction is subsequently set aside.); or
(2) the former prosecution was terminated after the jury was impaneled and sworn or, in a trial by the court without a jury, after the first witness was sworn, unless (i) the defendant consented to the termination or waived, by motion to dismiss or otherwise, his right to object to the termination, (ii) it was physically impossible to proceed with the trial in conformity with law, (iii) there was a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law, (iv) prejudicial conduct, in or outside the courtroom, made it impossible to proceed with the trial without injustice to either the defendant or the state, (v) the jury was unable to agree on a verdict, or (vi) false statements of a juror on voir dire prevented a fair trial.
(b) If the prosecuting authority brought about any of the circumstances in subdivisions (a)(2)(i) through (a)(2)(vi) of this section, with intent to cause termination of the trial, another prosecution is barred.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-4. When Prosecution Barred for Different Offense

Sec. 4. (a) A prosecution is barred if all of the following exist:
(1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts.
(2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.
(3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution.
(b) A prosecution is not barred under this section if the offense on which it is based was not consummated when the trial under the former prosecution began.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-5. Former Prosecution in Another Jurisdiction a Bar

Sec. 5. In a case in which the alleged conduct constitutes an offense within the concurrent jurisdiction of Indiana and another jurisdiction, a former prosecution in any other jurisdiction is a bar to a subsequent prosecution for the same conduct in Indiana, if the former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 41. Substantive Criminal Provisions › Chapter 4. Standard of Proof and Bars to Prosecution › 35-41-4-6. Invalid or Fraudulently Procured Prosecution Not a Bar

Sec. 6. A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:
(1) it was before a court that lacked jurisdiction over the defendant or the offense;
(2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or
(3) it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.21.