reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-11. Cruelty to a Law Enforcement Animal

Sec. 11. (a) A person who knowingly or intentionally:
(1) strikes, torments, injures, or otherwise mistreats a law enforcement animal; or
(2) interferes with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer's duties;
commits a Class A misdemeanor.
(b) An offense under subsection (a)(1) is a Level 6 felony if the act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(4) death;
of the law enforcement animal.
(c) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or discipline; and
(2) acted as an employee or agent of a law enforcement agency.
(d) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court:
(1) may order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of veterinary bills; and
(2) shall order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of the cost of replacing the animal, which may include the cost of training the animal, if the animal is permanently disabled or killed.
As added by P.L.193-1987, SEC.14. Amended by P.L.213-1997, SEC.3; P.L.9-2003, SEC.2; P.L.161-2013, SEC.8; P.L.158-2013, SEC.563; P.L.168-2014, SEC.86.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-11.3. Cruelty to a Search and Rescue Dog

Sec. 11.3. (a) As used in this section, "search and rescue dog" means a dog that receives special training to locate or attempt to locate by air scent or ground or water tracking a person who is an offender or is lost, trapped, injured, or incapacitated.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a search and rescue dog while the dog is performing or is attempting to perform a search and rescue task; or
(2) strikes, torments, injures, or otherwise mistreats a search and rescue dog;
commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Level 6 felony if the act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(4) death;
of the search and rescue dog.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or disciplining the search and rescue dog; or
(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.
(e) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court may order the person to make restitution to the person who owns the search and rescue dog for reimbursement of:
(1) veterinary bills; and
(2) replacement costs of the dog if the dog is disabled or killed.
As added by P.L.9-2003, SEC.3. Amended by P.L.158-2013, SEC.564.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-11.5. Cruelty to a Service Animal

Sec. 11.5. (a) As used in this section, "service animal" means an animal that a person who is impaired by:
(1) blindness or any other visual impairment;
(2) deafness or any other aural impairment;
(3) a physical disability; or
(4) a medical condition;
relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service animal; or
(2) strikes, torments, injures, or otherwise mistreats a service animal;
while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Level 6 felony if the act results in the:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(4) death;
of the service animal.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or
(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.
As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4; P.L.158-2013, SEC.565.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-12. Torture or Mutilation of a Vertebrate Animal; Killing a Domestic Animal

Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
(1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
(2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
(b) A person who knowingly or intentionally abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Level 6 felony if:
(1) the person has a previous, unrelated conviction under this section; or
(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Level 6 felony.
(d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.
A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Level 6 felony.
(e) It is a defense to a prosecution under this section that the accused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal from prolonged suffering; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositional decree under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;
to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998, SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14; P.L.158-2013, SEC.566; P.L.141-2019, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-12.5. Domestic Violence Animal Cruelty

Sec. 12.5. A person who knowingly or intentionally kills a vertebrate animal with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member commits domestic violence animal cruelty, a Level 6 felony.
As added by P.L.171-2007, SEC.11. Amended by P.L.158-2013, SEC.567.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-13. Removal of Attack Dog's Vocal Cords; Animal Cruelty

Sec. 13. (a) A person who knowingly or intentionally removes the vocal cords of a trained attack dog commits cruelty to an animal, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the accused person reasonably believes that the conduct was necessary to prevent a seriously injured dog from prolonged injury.
As added by P.L.76-2002, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-14. Bestiality

Sec. 14. A person who knowingly or intentionally performs an act involving:
(1) a sex organ of a person and the mouth or anus of an animal;
(2) a sex organ of an animal and the mouth or anus of a person;
(3) any penetration of the human female sex organ by an animal's sex organ; or
(4) any penetration of an animal's sex organ by the human male sex organ;
commits bestiality, a Level 6 felony.
As added by P.L.171-2007, SEC.12. Amended by P.L.158-2013, SEC.568.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 3. Offenses Relating to Animals › 35-46-3-15. Decompression of Animals

Sec. 15. (a) This section does not apply to the following:
(1) A state or federally inspected livestock slaughtering facility (for conduct authorized by IC 15-17-5 and rules adopted under that chapter).
(2) An animal disease diagnostic laboratory established under IC 21-46-3-1.
(3) A postsecondary educational institution.
(4) A research facility licensed by the United States Department of Agriculture.
(b) As used in this section, "animal" has the meaning set forth in IC 35-46-3-3.
(c) A person who knowingly or intentionally destroys or authorizes the destruction of an animal by placing the animal in a decompression chamber and lowering the pressure of or the oxygen content in the air surrounding the animal commits a Class B misdemeanor.
[Pre-2008 Title 15 Recodification Citations: subsection (a) formerly 15-5-17-2(a); subsection (b) formerly 15-5-17-1; subsection (c) formerly 15-5-17-2(b).]
As added by P.L.2-2008, SEC.13. Amended by P.L.141-2019, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 5. Offenses Against Public Sensibility › 35-46-5-1. Human Organ Trafficking

Sec. 1. (a) As used in this section, "human organ" means the kidney, liver, heart, lung, cornea, eye, bone marrow, bone, pancreas, or skin of a human body.
(b) As used in this section, "item of value" means money, real estate, funeral related services, and personal property. "Item of value" does not include:
(1) the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ; or
(2) the reimbursement of travel, housing, lost wages, and other expenses incurred by the donor of a human organ related to the donation of the human organ.
(c) A person who intentionally acquires, receives, sells, or transfers, in exchange for an item of value, a human organ for use in human organ transplantation commits unlawful transfer of human organs, a Level 5 felony.
As added by P.L.131-1992, SEC.2. Amended by P.L.217-1997, SEC.1; P.L.158-2013, SEC.570; P.L.213-2016, SEC.29.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 5. Offenses Against Public Sensibility › 35-46-5-1.5. Unlawful Transfer of Fetal Tissue

Sec. 1.5. (a) As used in this section, "aborted" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs.
(b) As used in this section, "fetal tissue" includes tissue, organs, or any other part of an aborted fetus.
(c) This section does not apply to the proper medical disposal of fetal tissue.
(d) A person who intentionally acquires, receives, sells, or transfers fetal tissue commits unlawful transfer of fetal tissue, a Level 5 felony.
(e) A person may not alter the timing, method, or procedure used to terminate a pregnancy for the purpose of obtaining or collecting fetal tissue. A person who violates this subsection commits the unlawful collection of fetal tissue, a Level 5 felony.
As added by P.L.213-2016, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 5. Offenses Against Public Sensibility › 35-46-5-2. Unlawful Participation in Human Cloning; Exception

Sec. 2. (a) This section does not apply to in vitro fertilization.
(b) As used in this section, "cloning" has the meaning set forth in IC 16-18-2-56.5.
(c) A person who knowingly or intentionally:
(1) participates in cloning;
(2) implants or attempts to implant a cloned human embryo into a uterine environment to initiate a pregnancy; or
(3) ships or receives a cloned human embryo;
commits unlawful participation in human cloning, a Level 6 felony.
As added by P.L.126-2005, SEC.9. Amended by P.L.158-2013, SEC.571.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 5. Offenses Against Public Sensibility › 35-46-5-4. Unlawful Documentation of a Gift of Organs, Tissue, Eyes, or Body Parts

Sec. 4. An individual who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document that:
(1) expresses;
(2) makes an amendment or revocation of; or
(3) refuses;
a gift of organs, tissues, eyes, or other body parts intended to be used in research or in transplants, commits a Class A misdemeanor.
As added by P.L.147-2007, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 6. Glue Sniffing › 35-46-6-1. "Model Glue" Defined

Sec. 1. As used in this chapter, "model glue" means a glue or cement containing toluene or acetone, or both.
[Pre-1993 Title 16 Recodification Citation: 16-6-8.9-1(b).]
As added by P.L.2-1993, SEC.189. Amended by P.L.151-2006, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 6. Glue Sniffing › 35-46-6-2. Inhaling Toxic Vapors

Sec. 2. A person who, with intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses, ingests or inhales the fumes of:
(1) model glue; or
(2) a substance that contains:
(A) toluene;
(B) acetone;
(C) benzene;
(D) N-butyl nitrite;
(E) any aliphatic nitrite, unless prescribed by a physician;
(F) butane;
(G) amyl butrate;
(H) isobutyl nitrate;
(I) freon;
(J) chlorinated hydrocarbons;
(K) methylene chloride;
(L) hexane;
(M) ether;
(N) chloroform; or
(O) halothane; or
(3) any other chemical having the property of releasing toxic vapors;
commits inhaling toxic vapors, a Class B misdemeanor.
[Pre-1993 Title 16 Recodification Citation: 16-6-8.9-1(a).]
As added by P.L.2-1993, SEC.189. Amended by P.L.151-2006, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 6. Glue Sniffing › 35-46-6-3. Nitrous Oxide Distribution; Nonmedical Purposes

Sec. 3. A person who knowingly or intentionally uses or distributes nitrous oxide with intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses of another person, unless the nitrous oxide is to be used for medical purposes, commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
As added by P.L.163-1994, SEC.1. Amended by P.L.218-1997, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 7. Offenses Against Persons Receiving Care › 35-46-7-1. "Health Care Provider"

Sec. 1. As used in this chapter, "health care provider" means:
(1) a hospital licensed under IC 16-21;
(2) a health facility licensed under IC 16-28;
(3) a housing services establishment that is required to file a disclosure statement under IC 12-15;
(4) a continuing care retirement community that is required to file a disclosure statement under IC 23-2-4;
(5) a home health agency licensed under IC 16-27;
(6) a hospice licensed under IC 16-25;
(7) an entity that provides licensed or certified health care professionals to:
(A) a health care provider; or
(B) a person who is in need of, or receives, professional health care services;
(8) a community mental health center (as defined in IC 12-7-2-38);
(9) a private psychiatric hospital licensed under IC 12-25;
(10) a state institution (as defined in IC 12-7-2-184); or
(11) a community residential facility for the developmentally disabled that is licensed under IC 12-28-5.
As added by P.L.139-2002, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 7. Offenses Against Persons Receiving Care › 35-46-7-2. Excluded Transactions

Sec. 2. This chapter does not apply to the following:
(1) A gift or donation of money or other asset given to:
(A) a health care provider in the corporate name of the health care provider; or
(B) a health care provider that is organized under Section 501(c)(3) of the Internal Revenue Code.
(2) A gift or loan of money or other asset given by a person who receives services from a health care provider to a member of the person's family who:
(A) is employed by a health care provider; or
(B) owns, wholly or jointly, a health care provider.
(3) A bequest of personal property or devise of real property made in an executable will as described in IC 29-1-5-5 to a health care provider or an owner, employee, or agent of a health care provider.
(4) The purchase of a security (as defined in IC 23-19-1-2(28)) that is traded on a national or regional exchange.
(5) A gift or gratuity, not exceeding five hundred dollars ($500) in the aggregate per year per person receiving services from the health care provider, to an employee of a health care provider.
(6) A gift or donation of money or other asset given to purchase or otherwise acquire a product, service, or amenity for the use, entertainment, or enjoyment of persons receiving services from a health care provider.
As added by P.L.139-2002, SEC.1. Amended by P.L.27-2007, SEC.32.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 7. Offenses Against Persons Receiving Care › 35-46-7-3. Regulated Transactions; Requirement That Transaction Be Executed in Writing; Penalty

Sec. 3. (a) The following transactions are subject to the requirements of subsection (b):
(1) A gift, a donation, a loan, or an investment from a person who receives services from a health care provider to:
(A) the health care provider; or
(B) an owner, employee, or agent of the health care provider.
(2) A loan or an investment from a person who receives services from a health care provider to the health care provider in the corporate name of the health care provider.
(b) A transaction under subsection (a) must be executed by a competent person (including a person other than the health care provider exercising a durable power of attorney on behalf of the donor) in writing and witnessed by two (2) disinterested parties. Each witness shall sign a document that describes the transaction in the presence of:
(1) the person who makes the transaction; and
(2) the other witness.
(c) A health care provider, or an owner, an employee, or an agent of a health care provider, who:
(1) receives a gift, a donation, a loan, or an investment from a person who receives services from a health care provider; and
(2) fails to comply with the requirements of subsection (b);
commits a Class A infraction. Without regard to the amount of the transaction, the court that imposes the penalty for the infraction violation may, upon the request of the prosecuting attorney, order the person to return assets or repay money received in violation of this section, plus interest from the date of the transaction, to the person who made the gift, donation, loan, or investment. In addition, if the court finds that the person knowingly violated the requirements of subsection (b), the court may order the person to pay treble damages and reasonable attorney's fees.
As added by P.L.139-2002, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 8. Unlawful Recording › 35-46-8-2. "Audiovisual Recording Device"

Sec. 2. As used in this chapter, "audiovisual recording device" means:
(1) a digital or an analog photographic or video camera; or
(2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work;
regardless of whether audiovisual recording is the sole or primary purpose of the device.
As added by P.L.94-2005, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 8. Unlawful Recording › 35-46-8-3. "Motion Picture Exhibition Facility"

Sec. 3. (a) As used in this chapter, "motion picture exhibition facility" means:
(1) an indoor or outdoor screening venue; or
(2) any other premises;
where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is charged.
(b) The term does not include a dwelling.
As added by P.L.94-2005, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 8. Unlawful Recording › 35-46-8-4. Unlawful Recording; Defense

Sec. 4. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to transmit or record a motion picture commits unlawful recording, a Class C infraction. However, the violation is a Class B misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
(b) It is a defense to a prosecution under this section that the accused person had the written permission of the motion picture exhibition facility owner to transmit or record the motion picture.
As added by P.L.94-2005, SEC.6. Amended by P.L.32-2019, SEC.41.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 8. Unlawful Recording › 35-46-8-5. Additional Penalties

Sec. 5. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of:
(1) all unauthorized copies of motion pictures or other audiovisual works; and
(2) any audiovisual recording devices or other equipment used in connection with the offense.
As added by P.L.94-2005, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 8.5. Unlawful Photography and Surveillance on Private Property › 35-46-8.5-1. Unlawful Photography, Surveillance, and Tracking on Private Property

Sec. 1. (a) This section does not apply to any of the following:
(1) Electronic or video toll collection facilities or activities authorized under any of the following:
(A) IC 8-15-2.
(B) IC 8-15-3.
(C) IC 8-15.5.
(D) IC 8-15.7.
(E) IC 8-16.
(F) IC 9-21-3.5.
(2) A law enforcement officer who has obtained:
(A) a search warrant; or
(B) the consent of the owner of private property;
to place a camera, electronic surveillance equipment, or tracking device on the private property, with respect to the placement of a camera, electronic surveillance equipment, or tracking device.
(3) A law enforcement officer who uses a law enforcement recording device in performance of the officer's duties, with respect to the use of the law enforcement recording device.
(4) A person who uses a tracking device to determine the location of a family member (as defined in IC 35-44.1-3-1), unless the person is the subject of a protective order obtained by the family member.
(5) A person who places a tracking device on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order.
(6) A tracking device placed on a person or the property of a person:
(A) who is incarcerated;
(B) as a condition of probation, parole, home detention, community corrections, bail, prosecutorial diversion, or supervised release; or
(C) pursuant to a court order.
(7) A device installed as original equipment by the manufacturer of a motor vehicle.
(8) A provider of electronic communications services with respect to a tracking device, if the installation, placement, or use of the tracking device is disclosed to the consumer in the provider's terms of use, privacy policy, or similar document available to the consumer.
(b) As used in this section, "protective order" refers to an order described in IC 35-45-10-5(b)(2) or IC 35-46-1-15.1(a).
(c) A person who knowingly or intentionally places a:
(1) camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property; or
(2) tracking device on an individual or on property owned or used by an individual, without the knowledge or consent of the individual;
commits unlawful surveillance, a Class A misdemeanor, except as provided in subsection (d).
(d) Unlawful surveillance under subsection (c) is a Level 6 felony if:
(1) the person has a prior unrelated conviction for:
(A) an offense under this section;
(B) a crime of domestic violence under IC 35-38-1-7.7;
(C) stalking (IC 35-45-10-5); or
(D) invasion of privacy (IC 35-46-1-15.1); or
(2) the person is the subject of a protective order.
As added by P.L.170-2014, SEC.26. Amended by P.L.58-2016, SEC.10; P.L.172-2023, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-1. "Chemical Test"

Sec. 1. As used in this chapter, "chemical test" means an analysis of an individual's:
(1) blood;
(2) breath;
(3) urine; or
(4) other bodily substance;
for the determination of the presence of alcohol or a controlled substance.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-2. "Intoxicated"

Sec. 2. As used in this chapter, "intoxicated" means under the influence of:
(1) alcohol;
(2) a controlled substance;
(3) any drug (as defined in IC 9-13-2-49.1) other than alcohol or a controlled substance;
(4) any combination of alcohol, controlled substances, or drugs; or
(5) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco (as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);
so that there is an impaired condition of thought and action and the loss of normal control of an individual's faculties.
As added by P.L.40-2012, SEC.21. Amended by P.L.196-2013, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-3. "Motorboat"

Sec. 3. (a) As used in this chapter, "motorboat" means a watercraft (as defined in IC 14-8-2-305) propelled by:
(1) an internal combustion, steam, or electrical inboard or outboard motor or engine; or
(2) any mechanical means.
(b) The term includes the following:
(1) A sailboat that is equipped with a motor or an engine described in subsection (a) when the motor or engine is in operation, whether or not the sails are hoisted.
(2) A personal watercraft (as defined in IC 14-8-2-202.5).
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-4. "Prima Facie Evidence of Intoxication"

Sec. 4. As used in this chapter, "prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-5. "Relevant Evidence"

Sec. 5. As used in this chapter, "relevant evidence" includes evidence that at the time of the alleged violation there was an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least five-hundredths (0.05) gram and less than eight-hundredths (0.08) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-6. Operating a Motorboat While Intoxicated

Sec. 6. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat while:
(1) having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
(2) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or
(3) intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed); or
(C) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.
(d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.
As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014, SEC.87; P.L.26-2016, SEC.3; P.L.85-2017, SEC.118; P.L.63-2018, SEC.4; P.L.184-2019, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-7. Violation of an Order Not to Operate a Motorboat

Sec. 7. A person who operates a motorboat after the person has been ordered not to operate a motorboat under:
(1) IC 14-15-8 (repealed); or
(2) this chapter;
commits a Class A misdemeanor.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-8. Implied Consent

Sec. 8. (a) A person who operates a motorboat in water over which Indiana has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a motorboat in Indiana.
(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of operating privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting law enforcement officer shall do the following:
(1) Obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter is held under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.
(3) Send a copy of the probable cause affidavit submitted under subdivision (2) to the bureau of motor vehicles.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-9. Opportunity to Submit to a Chemical Test

Sec. 9. (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person.
(b) A law enforcement officer may offer a person more than one (1) chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter.
(c) A person must submit to each chemical test offered by a law enforcement officer to comply with the implied consent provisions of this chapter.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-10. Chemical Test Required if Accident Results in Serious Bodily Injury or Death

Sec. 10. (a) A law enforcement officer shall offer a portable breath test or chemical test to any person if the officer has reason to believe the person operated a motorboat that was involved in a fatal accident or an accident involving serious bodily injury. If:
(1) the results of a portable breath test indicate the presence of alcohol;
(2) the results of a portable breath test do not indicate the presence of alcohol but the law enforcement officer has probable cause to believe the person is under the influence of a controlled substance or another drug; or
(3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.
(b) A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under this section. However, all chemical tests must be administered within three (3) hours after the fatal accident or the accident involving serious bodily injury.
(c) It is not necessary for a law enforcement officer to offer a portable breath test or chemical test to an unconscious person.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-11. Arrest Based on the Results of a Chemical Test; Refusal

Sec. 11. (a) If a chemical test results in relevant evidence that the person is intoxicated, the person may be arrested for an offense under this chapter.
(b) If a chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter.
(c) A person who refuses to submit to a chemical test may be arrested for an offense under this chapter.
(d) At a proceeding under this chapter, a person's refusal to submit to a chemical test is admissible into evidence.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-12. Certification of Chemical Tests

Sec. 12. (a) The provisions of IC 9-30-6-5 concerning the certification and use of chemical breath tests apply to the use of chemical breath tests in a prosecution under this chapter.
(b) IC 9-30-6-6 applies to chemical tests performed under this chapter.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-13. Suspension of License for Refusal to Submit to a Chemical Test

Sec. 13. If a person refuses to submit to a chemical test under this chapter, the law enforcement officer shall inform the person that the person's refusal will result in the suspension of the person's motorboat and motor vehicle operation privileges.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-14. Duties of Prosecuting Attorney

Sec. 14. The prosecuting attorney of the county in which an alleged violation of this chapter occurs shall represent the state in a proceeding under this chapter.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 9. Operating a Motorboat While Intoxicated › 35-46-9-15. Results of a Chemical Test Admissible as Evidence

Sec. 15. (a) At a proceeding concerning an offense under this chapter, evidence of the alcohol concentration that was in the blood of the person charged with the offense;
(1) at the time of the alleged violation; or
(2) within the time allowed for testing under sections 9 and 10 of this chapter;
as shown by an analysis of the person's breath, blood, urine, or other bodily substance is admissible.
(b) If, in a prosecution for an offense under this chapter, evidence establishes that:
(1) a chemical test was performed on a test sample taken from the person charged with the offense within the time allowed for testing under sections of 9 and 10 this chapter; and
(2) the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
the trier of fact shall presume that the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath at the time the person operated the motorboat. However, this presumption is rebuttable.
As added by P.L.40-2012, SEC.21.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 10. Offenses Involving Critical Infrastructure › 35-46-10-0.5. Application of Chapter

Sec. 0.5. This chapter does not apply to conduct protected under the Constitution of the United States, the Constitution of the State of Indiana, or a state or federal law or rule, including rights under:
(1) the federal National Labor Relations Act (29 U.S.C. 151 et seq.);
(2) the federal Railway Labor Act (45 U.S.C. 151 et seq.);
(3) IC 22-7; or
(4) a collective bargaining agreement.
As added by P.L.276-2019, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 10. Offenses Involving Critical Infrastructure › 35-46-10-2. Critical Infrastructure Facility Trespass

Sec. 2. A person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits critical infrastructure facility trespass, a Level 6 felony.
As added by P.L.276-2019, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 10. Offenses Involving Critical Infrastructure › 35-46-10-3. Critical Infrastructure Facility Mischief

Sec. 3. A person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits critical infrastructure facility mischief, a Level 5 felony. However, the offense is a Level 4 felony if:
(1) the pecuniary loss is at least fifty thousand dollars ($50,000); or
(2) the damage causes a substantial interruption or impairment of a critical infrastructure utility service rendered to the public.
As added by P.L.276-2019, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 10. Offenses Involving Critical Infrastructure › 35-46-10-4. Conspiracy to Commit an Offense Involving Critical Infrastructure

Sec. 4. Except as provided in IC 35-50-2, if a person commits the offense of conspiracy (as described in IC 35-41-5-2) to commit an offense described in section 2 or 3 of this chapter with a person who commits an offense described under section 2 or 3 of this chapter, the conspiring person shall be punished by a fine not to exceed one hundred thousand dollars ($100,000).
As added by P.L.276-2019, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46. Miscellaneous Offenses › Chapter 10. Offenses Involving Critical Infrastructure › 35-46-10-5. Recovery of Damages

Sec. 5. (a) A person aggrieved by a violation under this chapter may recover damages sustained under IC 34-24-3-1.
(b) Any person that compensates, provides consideration to, or remunerates a person for committing an offense under sections 2, 3, or 4 of this chapter may be held liable for civil damages imposed under this chapter.
As added by P.L.276-2019, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 1. Definitions › 35-46.5-1-1. Definitions

Sec. 1. The following definitions apply throughout this article:
(1) "Benefit, promote, or further the interests of a terrorist organization" means to commit a felony or misdemeanor that would cause a reasonable person to believe results in:
(A) a benefit to a terrorist organization or a member of a terrorist organization;
(B) the promotion of a terrorist organization; or
(C) furthering the interests of a terrorist organization.
(2) "Identifying information" has the meaning set forth in IC 35-43-5-1.
(3) "Purpose of increasing a person's own standing or position within a terrorist organization" means committing a felony or misdemeanor that would cause a reasonable person to believe results in increasing the person's standing or position within a terrorist organization.
(4) "Terrorism" has the meaning set forth in IC 35-31.5-2-329.
(5) "Terrorist organization" means a formal or informal group with at least three (3) members that specifically:
(A) either:
(i) promotes, sponsors, or assists in;
(ii) participates in; or
(iii) has as one (1) of its goals;
terrorism; or
(B) requires as a condition of membership or continued membership the commission of an act of terrorism, or the commission of a misdemeanor or felony, to assist in the commission of an act of terrorism.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-1. Terrorism

Sec. 1. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) places;
(4) disseminates; or
(5) detonates;
a weapon of mass destruction with the intent to carry out terrorism commits a Level 3 felony. However, the offense is a Level 1 felony if the conduct results in serious bodily injury or death of any person.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-2. Agricultural Terrorism

Sec. 2. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) places;
(4) disseminates; or
(5) detonates;
a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock of another person without the consent of the other person commits agricultural terrorism, a Level 5 felony.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-3. Terroristic Mischief

Sec. 3. A person who knowingly or intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction (as defined in IC 35-31.5-2-354) commits terroristic mischief, a Level 5 felony. However, the offense is a Level 4 felony if, as a result of the terroristic mischief:
(1) a physician prescribes diagnostic testing or medical treatment for any person other than the person who committed the terroristic mischief; or
(2) a person suffers serious bodily injury.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-4. Terroristic Deception

Sec. 4. A person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person with intent to:
(1) commit terrorism; or
(2) obtain or transport a weapon of mass destruction;
commits terroristic deception, a Level 5 felony.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-5. Providing Support for a Terrorist Act

Sec. 5. A person who provides material support to another person with the intent to assist the person in planning or carrying out terrorism commits providing support for a terrorist act, a Level 5 felony. However the offense is a Level 2 felony if:
(1) the material support involves the commission of a felony; or
(2) the act of terrorism is reasonably likely to cause serious bodily injury to any person.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-6. Harboring a Terrorist

Sec. 6. A person who, with the intent to hinder the apprehension or punishment of another person who has committed an act of terrorism, harbors, conceals, or otherwise assists the other person commits harboring a terrorist, a Level 6 felony. However, the offense is a Level 3 felony if the act of terrorism resulted in serious bodily injury or death to any person.
As added by P.L.66-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 46.5. Terrorism › Chapter 2. Offenses › 35-46.5-2-7. Terrorist Organization Activity

Sec. 7. (a) A person who knowingly or intentionally commits an offense:
(1) with the intent to benefit, promote, or further the interests of a terrorist organization; or
(2) for the purpose of increasing the person's own standing or position within a terrorist organization;
commits terrorist organization activity, a Level 5 felony. However, the offense is a Level 3 felony if the offense involves, directly or indirectly, the unlawful use of a firearm or weapon of mass destruction.
(b) In determining whether a person committed an offense under this section, the trier of fact may consider a person's association with a terrorist organization, including:
(1) an admission of terrorist organization membership by the person;
(2) a statement by:
(A) a member of the person's family;
(B) the person's guardian; or
(C) a reliable member of the terrorist organization;
stating the person is a member of a terrorist organization;
(3) the person associating with one (1) or more members of a terrorist organization;
(4) physical evidence indicating the person is a member of a terrorist organization;
(5) an observation of the person in the company of a known terrorist organization member on at least three (3) occasions;
(6) communications authored by the person indicating terrorist organization membership, promotion of membership in a terrorist organization, or responsibility for an offense committed by a terrorist organization; and
(7) the person's involvement in recruiting terrorist organization members.
As added by P.L.66-2019, SEC.18. Amended by P.L.156-2020, SEC.132.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 1. Definitions › 35-47-1-1. Application of Definitions in Chapter

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.
As added by P.L.311-1983, SEC.32. Amended by P.L.6-2012, SEC.230.