reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 10. Child Pornography and Discovery › 35-36-10-2. "Child Pornography"

Sec. 2. As used in this chapter, "child pornography" includes:
(1) material described in IC 35-42-4-4(d); and
(2) material defined in 18 U.S.C. 2256(8).
As added by P.L.148-2011, SEC.1. Amended by P.L.6-2012, SEC.223; P.L.13-2016, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 10. Child Pornography and Discovery › 35-36-10-3. Child Pornography Must Remain in Custody of the State or the Court

Sec. 3. In any criminal proceeding, material constituting child pornography must remain in the custody of the state or the court.
As added by P.L.148-2011, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 10. Child Pornography and Discovery › 35-36-10-4. Reproducing Child Pornography Not Permitted

Sec. 4. A court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography if the state provides ample opportunity for inspection, viewing, and examination of the material by:
(1) the defendant;
(2) the defendant's attorney; and
(3) any individual the defendant seeks to qualify as an expert;
at a state or local court or law enforcement facility as provided in section 5 of this chapter.
As added by P.L.148-2011, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 10. Child Pornography and Discovery › 35-36-10-5. Defendant's Examination of Child Pornography Permitted Only in Court or Law Enforcement Facility

Sec. 5. (a) A court may permit a defendant to inspect, view, and examine material that constitutes child pornography at a state or local court or law enforcement facility if the defendant demonstrates that inspecting, viewing, and examining the material is necessary to the defendant's defense.
(b) If a court permits a defendant to inspect, view, and examine material that constitutes child pornography, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must:
(1) specifically describe which persons may have access to the material, and prohibit any person not described in the order from having access to the material;
(2) permit only those persons whose access to the material is necessary for the purposes described in subsection (a) to have access to the material;
(3) prohibit the further dissemination of the material; and
(4) prohibit the defendant from having direct access to the material.
The protective order may include any other provision to safeguard the material.
As added by P.L.148-2011, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 11. Laboratory Reports › 35-36-11-1. "Laboratory Report"

Sec. 1. As used in this chapter, "laboratory report" means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation.
As added by P.L.44-2012, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 11. Laboratory Reports › 35-36-11-2. Prosecutor's Notice of Intent

Sec. 2. If the prosecuting attorney intends to introduce a laboratory report as evidence in a criminal trial, the prosecuting attorney must file a notice of intent to introduce the laboratory report not later than twenty (20) days before the trial date, unless the court establishes a different time.
As added by P.L.44-2012, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 11. Laboratory Reports › 35-36-11-3. Defendant's Demand for Cross-Examination

Sec. 3. If the defendant wishes for the person who prepared the laboratory report to be present at the trial for cross-examination, the defendant must file a demand for cross-examination not later than ten (10) days after the defendant receives the notice filed under section 2 of this chapter, unless the court establishes a different time.
As added by P.L.44-2012, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 11. Laboratory Reports › 35-36-11-4. Failure to File Notice of Intent

Sec. 4. If the prosecuting attorney does not comply with section 2 of this chapter, the prosecuting attorney may not introduce the laboratory report into evidence without the testimony of the person who conducted the test and prepared the laboratory report.
As added by P.L.44-2012, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 11. Laboratory Reports › 35-36-11-5. Waiver

Sec. 5. If the prosecuting attorney complies with section 2 of this chapter and the defendant does not comply with section 3 of this chapter, the defendant waives the right to confront and cross-examine the person who prepared the laboratory report.
As added by P.L.44-2012, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-1. Court Appointment of Forensic Advocate

Sec. 1. A court may appoint a court appointed forensic advocate at any time to assist a person with an intellectual disability, a developmental disability, or an autism spectrum disorder who has been charged with a criminal offense.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-2. Court Appointed Forensic Advocate Duties

Sec. 2. A court appointed forensic advocate shall assist the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to whom the advocate has been appointed.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-3. Court Appointed Forensic Advocate Recommendations

Sec. 3. A court appointed forensic advocate may recommend to the court treatment programs and other services that may reduce recidivism and are available to the person with an intellectual disability, a developmental disability, or an autism spectrum disorder.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-4. Court Appointed Forensic Advocate Term of Service

Sec. 4. A court appointed forensic advocate serves until the court enters an order for removal.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-5. Court Appointed Forensic Advocate an Officer of the Court

Sec. 5. The court appointed forensic advocate is considered an officer of the court for the purpose of assisting the person with an intellectual disability, a developmental disability, or an autism spectrum disorder.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-6. Court Appointed Special Advocate Assistance

Sec. 6. A court appointed forensic advocate appointed by a court under this chapter may continue to assist the person with an intellectual disability, a developmental disability, or an autism spectrum disorder while the person is undergoing treatment or serving the person's sentence, if applicable.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-7. Immunity From Civil Liability

Sec. 7. Except for gross misconduct:
(1) a court appointed forensic advocate;
(2) an employee of a county court appointed forensic advocate program; and
(3) a volunteer for a court appointed forensic advocate program;
who performs in good faith duties relating to assistance of a person with an intellectual disability, a developmental disability, or an autism spectrum disorder is immune from any civil liability that may occur as a result of that person's performance.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-8. User Fee

Sec. 8. The court may order the person assisted by the court appointed forensic advocate to pay a user fee to the:
(1) court appointed forensic advocate program; or
(2) individual who served as a court appointed forensic advocate;
for the services provided under this chapter.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-9. User Fee Collection

Sec. 9. The court shall establish one (1) of the following procedures to be used to collect the user fee:
(1) The court may order the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to pay the user fee to the court appointed forensic advocate program that provided the services.
(2) The court may order the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to pay the user fee to the individual court appointed forensic advocate that provided the services.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders › 35-36-12-10. Receipt of User Fee Payment

Sec. 10. If the court orders the person with an intellectual disability, a developmental disability, or an autism spectrum disorder to pay a user fee under this chapter, the program or the individual shall report to the court the receipt of payment not later than thirty (30) days after receiving the payment.
As added by P.L.187-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-1. Venire Called; Number of Jurors

Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases.
(b) If a defendant is charged with:
(1) murder or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, the jury shall consist of twelve (12) qualified jurors unless the defendant and prosecuting attorney agree to a lesser number; or
(2) any other crime, the jury shall consist of six (6) qualified jurors.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.158-2013, SEC.391.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-2. Trial by Court or Jury; Waiver of Right to Trial by Jury

Sec. 2. The defendant and prosecuting attorney, with the assent of the court, may submit the trial to the court. Unless a defendant waives the right to a jury trial under the Indiana Rules of Criminal Procedure, all other trials must be by jury.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.108-2015, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-3. Peremptory Challenges by Defendant

Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors.
(b) In prosecutions for murder, where the death penalty is not sought, and Level 1, Level 2, Level 3, Level 4, or Level 5 felonies, the defendant may challenge, peremptorily, ten (10) jurors.
(c) In prosecutions for all other crimes, the defendant may challenge, peremptorily, five (5) jurors.
(d) When several defendants are tried together, they must join in their challenges.
As added by Acts 1981, P.L.298, SEC.6. Amended by Acts 1982, P.L.204, SEC.32; P.L.158-2013, SEC.392.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-4. Peremptory Challenges of Prosecuting Attorney

Sec. 4. The prosecuting attorney shall have the same number of peremptory challenges as the defendant has in like cases.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-5. Good Causes for Challenge; Opinion on Guilt or Innocence

Sec. 5. (a) The following are good causes for challenge to any person called as a juror in any criminal trial:
(1) That the person was a member of the grand jury that found the indictment.
(2) That the person has formed or expressed an opinion as to the guilt or innocence of the defendant. However, such an opinion is subject to subsection (b).
(3) If the state is seeking a death sentence, that the person entertains such conscientious opinions as would preclude the person from recommending that the death penalty be imposed.
(4) That the person is related within the fifth degree to the person alleged to be the victim of the offense charged, to the person on whose complaint the prosecution was instituted, or to the defendant.
(5) That the person has served on a trial jury which was sworn in the same case against the same defendant, and which jury was discharged after hearing the evidence, or rendered a verdict which was set aside.
(6) That the person served as a juror in a civil case brought against the defendant for the same act.
(7) That the person has been subpoenaed in good faith as a witness in the case.
(8) That the person is a mentally incompetent person.
(9) That the person is an alien.
(10) That the person has been called to sit on the jury at the person's own solicitation or that of another.
(11) That the person is biased or prejudiced for or against the defendant.
(12) That the person does not have the qualifications for a juror prescribed by law.
(13) That, from defective sight or hearing, ignorance of the English language, or other cause, the person is unable to comprehend the evidence and the instructions of the court.
(14) That the person has a personal interest in the result of the trial.
(15) If the person is not a member of the regular panel, that the person has served on a jury within twelve (12) months immediately preceding the trial.
(b) If a person called as a juror states that the person has formed or expressed an opinion as to the guilt or innocence of the defendant, the court or the parties shall proceed to examine the juror on oath as to the grounds of the juror's opinion. If the juror's opinion appears to have been founded upon reading newspaper statements, communications, comments, reports, rumors, or hearsay, and if:
(1) the juror's opinion appears not to have been founded upon:
(A) conversation with a witness of the transaction;
(B) reading reports of a witness' testimony; or
(C) hearing a witness testify;
(2) the juror states on oath that the juror feels able, notwithstanding the juror's opinion, to render an impartial verdict upon the law and evidence; and
(3) the court is satisfied that the juror will render an impartial verdict;
the court may admit the juror as competent to serve in the case.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.169-1988, SEC.7; P.L.33-1989, SEC.125.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 1. Jury Selection › 35-37-1-6. Challenges for Cause; Time; Summary Trial

Sec. 6. All challenges for cause shall be made before the jury is sworn to try the cause, and shall be summarily tried by the court on the oath of the party challenged or other evidence.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 2. Trial Proceedings › 35-37-2-3. Preliminary Instructions; Personal Knowledge of Material Fact by Juror; Disclosure; Examination; Excuse of Juror or Panel

Sec. 3. (a) As a part of the preliminary instructions, the court shall instruct the jurors that if a juror realizes, during the course of the trial, that he has personal knowledge of any fact material to the cause, he shall inform the bailiff that he believes he has this knowledge at the next recess or upon adjournment, whichever is sooner. The bailiff shall inform the court of the juror's belief, and the court shall examine the juror under oath in the presence of the parties and outside the presence of the other jurors concerning his personal knowledge of any material fact.
(b) If the court finds that the juror has personal knowledge of a material fact, the juror shall be excused and the court shall replace that juror with an alternate. If there is no alternate juror, then the court shall discharge the jury without prejudice, unless the parties agree to submit the cause to the remaining jurors.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 2. Trial Proceedings › 35-37-2-4. Preliminary Instructions; Admonition by Court; Separation

Sec. 4. (a) The court shall admonish the jurors in the preliminary instruction, before separating for meals, and at the end of the day, that it is their duty not to converse among themselves or permit others to converse with them on any subject connected with the trial, or to form or express any opinion about the case until the cause is finally submitted to them.
(b) The jurors may separate when court is adjourned for the day, unless the court finds that the jurors should be sequestered in order to assure a fair trial.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 2. Trial Proceedings › 35-37-2-5. View by Jury

Sec. 5. Whenever:
(1) the court believes that it is proper; or
(2) a party to the case makes a motion;
for the jury to have a view of the place in which any material fact occurred, the court may order the jury to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury is absent for this reason, no person, other than the officer and the person appointed to show them the place, may speak to the jurors on any subject connected with the trial.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 2. Trial Proceedings › 35-37-2-6. Retirement and Deliberation of Jury; Officer in Charge; Restrictions

Sec. 6. (a) After hearing the charge, the jury shall retire to the jury room for deliberation. They shall retire under the charge of an officer, who shall be sworn by the court to:
(1) keep the jury together in the jury room or other place ordered by the court;
(2) furnish them food as directed by the court; and
(3) not permit any person to speak or communicate with them.
(b) An officer may not communicate with a juror except:
(1) as provided in sections 2 and 4 of this chapter;
(2) to ask them if they have agreed on a verdict; or
(3) when ordered to do so by the court.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 2. Trial Proceedings › 35-37-2-7. Verdict; Rendering in Open Court; Polling of Jury

Sec. 7. When the jury has agreed upon its verdict, the officer having the jurors in his charge shall conduct them into court. If all jurors appear, their verdict must be rendered in open court. If all do not appear, the court shall discharge the jury without prejudice. The prosecuting attorney and the parties are entitled, in all criminal cases, to have the jury polled.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 3. Witness Immunity › 35-37-3-1. Refusal of Witness to Answer or Produce Item; Hearing; Decision on Right to Refuse

Sec. 1. (a) If a witness, in any hearing or trial occurring after an indictment or information has been filed, refuses to answer any question or produce any item, the court shall remove the jury, if one is present, and immediately conduct a hearing on the witness's refusal. After such a hearing, the court shall decide whether the witness is required to answer the question or produce the item.
(b) If the prosecuting attorney has reason to believe that a witness will refuse to answer a question or produce an item during any criminal trial, the prosecuting attorney may submit the question or request to the trial court. The court shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 3. Witness Immunity › 35-37-3-2. Self-Incrimination; Request for Use Immunity

Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance with section 3 of this chapter.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 3. Witness Immunity › 35-37-3-3. Grant of Use Immunity; Instruction of Witness; Contempt; Perjury

Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in any criminal proceeding against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the prosecuting attorney. The court shall instruct the witness that the witness must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence the witness has given in a prosecution for perjury under IC 35-44.1-2-1.
(c) If a witness refuses to give the evidence after the witness has been granted use immunity, the court may find the witness in contempt.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.126-2012, SEC.49.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-1. Competency of Witness

Sec. 1. A person who is competent to testify in civil actions is also competent to testify in criminal proceedings.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-2. Credibility; General Moral Character

Sec. 2. In all questions affecting the credibility of a witness, his general moral character may be given in evidence.
As added by Acts 1981, P.L.298, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-5. Evidence Unlawfully Obtained by Officer in Good Faith; Exclusion

Sec. 5. (a) In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the evidence was obtained by a law enforcement officer in good faith.
(b) For purposes of this section, evidence is obtained by a law enforcement officer in good faith if:
(1) it is obtained pursuant to:
(A) a search warrant that was properly issued upon a determination of probable cause by a neutral and detached magistrate, that is free from obvious defects other than nondeliberate errors made in its preparation, and that was reasonably believed by the law enforcement officer to be valid; or
(B) a state statute, judicial precedent, or court rule that is later declared unconstitutional or otherwise invalidated; and
(2) the law enforcement officer, at the time he obtains the evidence, has satisfied applicable minimum basic training requirements established by rules adopted by the law enforcement training board under IC 5-2-1-9.
(c) This section does not affect the right of a person to bring a civil action against a law enforcement officer or a governmental entity to recover damages for the violation of his rights by an unlawful search and seizure.
As added by P.L.323-1983, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-7. Pecuniary Loss or Gain; Proof

Sec. 7. (a) Except as provided in subsection (b), whenever an element of an offense involves a pecuniary loss or a pecuniary gain, then the element shall be established by proof of the fair market value of the property at the time of the offense.
(b) For purposes of IC 35-43-1-8, "pecuniary loss" includes:
(1) damage to the victim's property caused, directly or indirectly, by commission of the offense, based on the actual cost of securing, repairing, or replacing a computer, a computer system, computer software, a network, and data; and
(2) revenue, salary, or wages lost by the victim as a result of the crime.
As added by P.L.320-1985, SEC.2. Amended by P.L.153-2017, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-9. Certificates of Title; Certified Copies as Prima Facie Evidence of Title

Sec. 9. (a) As used in this section, "certified copy of a certificate of title" means a document that is:
(1) a copy of a certificate of title for a motor vehicle, by whatever name designated, that is issued by the bureau of motor vehicles or a governmental entity in another state;
(2) prepared from a record of the governmental entity issuing the certificate of title; and
(3) certified by the officer having legal custody of the record described in subdivision (2) or the officer's deputy.
(b) In a criminal proceeding, a certified copy of a certificate of title is prima facie evidence of the ownership of a motor vehicle.
As added by P.L.136-1987, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-11. Safeguarding Victim From Contact With Accused and Relatives of Accused; Waiting Areas

Sec. 11. (a) During court proceedings a court shall provide safeguards necessary to minimize the contact of the victim of an offense or delinquent act with:
(1) a defendant accused of the offense or a juvenile accused of committing the delinquent act; and
(2) the relatives and friends of:
(A) a defendant accused of the offense; or
(B) a juvenile accused of committing the delinquent act.
(b) The safeguards required under subsection (a) may include courthouse waiting areas for victims that are separated from those waiting areas specified for defendants, juveniles alleged to be delinquent children, and the relatives and friends of accused persons.
(c) A county is not required under this section, or by mandate of a court, to expend any funds to change the physical configuration of a courthouse in the county to meet the requirements of this section.
As added by P.L.36-1990, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-12. Physical Safety of Victim or Victim's Family in Danger; Exclusion of Evidence; Disclosure to Court

Sec. 12. (a) If the physical safety of a victim or the victim's immediate family is in danger, a victim may not be required to give personal information during the course of sworn testimony regarding the following:
(1) Telephone numbers.
(2) Place of employment.
(3) Residential address.
(b) In any hearing to determine the introduction into evidence of the personal information specified in subsection (a), the court, if the court finds an actual danger to the victim or the victim's immediate family exists, may require the party possessing the personal information to disclose the personal information to the court for in camera review.
As added by P.L.1-1991, SEC.193.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-13. "Forensic DNA Analysis" Defined; Admissibility

Sec. 13. (a) As used in this section, "forensic DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared to genetic codes carried in DNA found in bodily substance samples obtained by a law enforcement agency in the exercise of the law enforcement agency's investigative function.
(b) In a criminal trial or hearing, the results of forensic DNA analysis are admissible in evidence without antecedent expert testimony that forensic DNA analysis provides a trustworthy and reliable method of identifying characteristics in an individual's genetic material.
As added by P.L.1-1991, SEC.194.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-14. Evidence of a Previous Battery

Sec. 14. (a) This section applies even if no criminal charges were filed concerning the act that is the basis of the evidence of a previous battery.
(b) As used in this section, "evidence of a previous battery" means evidence that a person charged with a crime described in subsection (c)(1) through (c)(5) committed a prior unrelated act of battery or attempted battery on the victim of a crime described in subsection (c)(1) through (c)(5) within five (5) years before the person allegedly committed the crime described in subsection (c)(1) through (c)(5).
(c) In a prosecution for:
(1) battery (IC 35-42-2-1);
(2) domestic battery (IC 35-42-2-1.3);
(3) aggravated battery (IC 35-42-2-1.5);
(4) murder (IC 35-42-1-1); or
(5) voluntary manslaughter (IC 35-42-1-3);
evidence of a previous battery is admissible into evidence in the state's case-in-chief for purposes of proving motive, intent, identity, or common scheme and design.
(d) If the state proposes to offer evidence described in subsection (b), the following procedure must be followed:
(1) The state shall file a written motion not less than ten (10) days before trial stating that the state has an offer of proof concerning evidence described in subsection (b) and the relevancy of the evidence to the case. The motion must be accompanied by an affidavit in which the offer of proof is stated.
(2) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury. At the hearing, the court shall allow the questioning of the victim or witness regarding the offer of proof made by the state.
At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the state is admissible, the court shall make an order stating what evidence may be introduced by the state and the nature of the questions to be permitted. The state may then offer evidence under the order of the court.
(e) This section shall not be construed to limit the admissibility of evidence of a previous battery in any civil or criminal proceeding.
As added by P.L.213-1991, SEC.1. Amended by P.L.65-2016, SEC.28.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4. Evidence and Protection of Certain Witnesses › 35-37-4-15. Child Molestation; Evidence of Prior Acts

Sec. 15. (a) In a prosecution for child molesting under IC 35-42-4-3, a prosecution for incest under IC 35-46-1-3, or a prosecution for an attempt or a conspiracy to commit child molesting or incest, evidence that the defendant has committed another crime or act of child molesting or incest or attempted or conspired to commit another crime or act of child molesting or incest:
(1) against the same victim; or
(2) that involves a similar crime or act of child molesting or incest against a different victim;
is admissible.
(b) If the state proposes to offer evidence described under subsection (a), the state must disclose the evidence to the defendant, including statements made by witnesses or a summary of the substance of any testimony that is expected to be offered at the defendant's trial:
(1) at least fifteen (15) days before the date the defendant's trial is scheduled to begin; or
(2) at a later date as determined by the court for good cause.
(c) The court shall hold a hearing out of the presence of the jury regarding the admissibility of the evidence described under subsection (a). Even if the court determines that the evidence is relevant, the evidence may be excluded if the probative value of the evidence is substantially outweighed by:
(1) the danger of:
(A) unfair prejudice;
(B) confusion of the issues; or
(C) misleading the jury; or
(2) considerations of:
(A) undue delay;
(B) waste of time; or
(C) needless presentation of cumulative evidence.
However, if the court finds that all or some of the evidence is admissible, the court shall enter an order stating what evidence may be introduced.
(d) This section may not be construed to limit the right to introduce evidence at a trial that would otherwise be admissible to prove any of the following:
(1) Motive.
(2) Opportunity.
(3) Intent.
(4) Plan.
(5) Knowledge.
(6) Identity.
(7) Absence of mistake or accident.
As added by P.L.232-1993, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4.5. Sex Crimes Victims and Polygraph Examinations › 35-37-4.5-1. "Polygraph"

Sec. 1. As used in this chapter, "polygraph" means a device that permanently and simultaneously records, at a minimum, an individual's:
(1) cardiovascular and respiratory patterns; and
(2) galvanic skin responses;
in order to determine truthfulness.
As added by P.L.41-2007, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4.5. Sex Crimes Victims and Polygraph Examinations › 35-37-4.5-2. Prohibition Against Requiring a Sex Crime Victim to Submit to a Polygraph Examination

Sec. 2. A law enforcement officer may not require an alleged victim of an offense described in IC 35-42-4 to submit to a polygraph or other truth telling device examination.
As added by P.L.41-2007, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4.5. Sex Crimes Victims and Polygraph Examinations › 35-37-4.5-3. Polygraph Refusal; Duties of Law Enforcement Officers

Sec. 3. A law enforcement officer may not refuse to investigate, charge, or prosecute an offense under IC 35-42-4 solely because the alleged victim of the offense has not submitted to a polygraph or other truth telling device examination.
As added by P.L.41-2007, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 4.5. Sex Crimes Victims and Polygraph Examinations › 35-37-4.5-4. Voluntary Submission to Polygraph Examination

Sec. 4. This chapter does not prohibit an alleged victim of an offense under IC 35-42-4 from voluntarily submitting to a polygraph or other truth telling device examination.
As added by P.L.41-2007, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-1. Definitions

Sec. 1. As used in this chapter:
"State" includes any territory of the United States and the District of Columbia.
"Subpoena" includes a summons in any state where a summons is used in lieu of a subpoena.
"Witness" shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-2. Subpoena; Issuance; Service; Proof of Service; Fees; Contempt of Court

Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state. When permitted by the laws of the United States, this or another state, or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in accordance with such law.
(b) Every subpoena shall:
(1) be issued by the clerk under the seal of the court;
(2) state the name of the court and the title of the action;
(3) command each person to whom it is directed to attend and give testimony at a specified time and place; and
(4) be signed by the clerk.
The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it or his attorney, who shall fill it in before service.
(c) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. The court, upon motion made at or before the time specified in the subpoena for compliance, may:
(1) quash or modify the subpoena if it is unreasonable and oppressive; or
(2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable costs of producing the books, papers, documents, or tangible things.
(d) A subpoena may be served by any person. Service of a subpoena upon a person shall be made in the same manner as provided in the Indiana Rules of Trial Procedure.
(e) When a subpoena is served by the sheriff or his deputy, his return shall be proof of service. When served by any other person, the service must be shown by affidavit. No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.
(f) Fees need not be first paid or tendered in order to compel the attendance of witnesses in a criminal proceeding.
(g) Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of:
(1) the court from which the subpoena is issued; or
(2) the court of the county where the witness was required to appear or act.
When duly subpoenaed, the attendance of all witnesses may be enforced by attachment.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-3. Subpoena; Persons Imprisoned or Institutionalized Within This State

Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this state is necessary in any criminal proceeding, the subpoena shall be delivered or mailed to the official in charge of the institution.
(b) The official in charge of the institution shall bring the witness named in the subpoena before the court at the time and place specified and hold him until he is discharged by the court. When so discharged, the witness shall be returned to the custody of such official and returned to the institution. The official in charge of the institution may request from the court issuing the subpoena such assistance as he deems proper for the safe transportation of the witness.
(c) When such witness is in attendance upon any court, he may be placed, for safe-keeping, in the jail of the county or any other suitable place pursuant to an order of the court. The county in which the proceeding is pending shall pay the actual and necessary expense of producing, keeping, and returning such witness.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-5. Witness From Another State Summoned to Testify in This State

Sec. 5. (a) If a person in any state that has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in this state or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence in this state, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county of the state in which the witness is found.
(b) If the witness is summoned to attend and testify in this state, the witness shall be tendered a sum for expenses equal to the amount provided under IC 33-37-10-2. The fees shall be a proper charge upon the county in which the criminal prosecution or grand jury investigation is pending.
(c) A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.
(d) If the witness fails without good cause to attend and testify as directed in the subpoena, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.
As added by P.L.311-1983, SEC.2. Amended by P.L.171-1984, SEC.79; P.L.192-1986, SEC.39; P.L.305-1987, SEC.34; P.L.98-2004, SEC.149.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-7. Federal Prisoner Summoned to Testify in This State

Sec. 7. When:
(1) a criminal action is pending in a court of record of this state by reason of an indictment or affidavit, or by reason of the commencement of a grand jury proceeding or investigation;
(2) there is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to such criminal action; and
(3) the attendance of such person as a witness in such action is desired by a party;
the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States, certifying all such facts and requesting the attorney general of the United States to cause the attendance of such person as a witness in such court for a specified number of days. Such a certificate may be issued upon application of either the state or a defendant demonstrating all facts specified in subdivision (1). Upon issuing such a certificate, the court may deliver it, or cause or authorize it to be delivered, to the attorney general of the United States or to his representative authorized to entertain the request.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-8. Exemption From Arrest or Service of Process

Sec. 8. If a person comes into this state in obedience to a subpoena directing him to attend and testify in a criminal prosecution in this or any other state, he shall not while in this state pursuant to such subpoena be subject to arrest or the service of process, civil, or criminal, in connection with matters which arose before his entrance into this state under subpoena.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings › 35-37-5-9. Uniformity of Construction

Sec. 9. This chapter shall be construed so as to effectuate its general purpose which is to make uniform the law of the states that enact it.
As added by P.L.311-1983, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-1. "Confidential Communication"

Sec. 1. (a) As used in this chapter, "confidential communication" means any information:
(1) exchanged between a victim and a victim advocate in the course of the relationship between the victim and the victim advocate;
(2) exchanged or disclosed in a support group in which a victim is or was a participant; or
(3) exchanged in the presence of a third person who facilitates or facilitated communication between a victim and a victim advocate.
(b) The term includes communication that is verbal or written and includes:
(1) advice;
(2) notes;
(3) reports;
(4) statistical data;
(5) memoranda;
(6) working papers;
(7) records; and
(8) personally identifying information;
produced in the course of advocating for a victim.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-1.5. "Confidential Information"

Sec. 1.5. (a) As used in this chapter, "confidential information" includes:
(1) personally identifying information;
(2) descriptions of physical appearance;
(3) the case file; and
(4) the case history;
of a person who seeks, receives, or has received services from a victim advocate.
(b) The term does not include:
(1) information disclosed to a victim service provider or a victim advocate if the victim:
(A) files criminal charges;
(B) institutes a civil lawsuit; or
(C) reports allegations of criminal conduct to a law enforcement agency;
against the victim service provider or victim advocate; and
(2) alleged child abuse or neglect that is required to be reported under IC 31-33.
As added by P.L.104-2008, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 37. Trial Procedure › Chapter 6. Privileged Communications and Victim Counseling › 35-37-6-2. Repealed

As added by P.L.136-1987, SEC.5. Amended by P.L.2-1997, SEC.74; P.L.2-1998, SEC.80; P.L.2-2005, SEC.122; P.L.99-2007, SEC.208. Repealed by P.L.104-2008, SEC.24.