Appendix B
INDIANA CRIMINAL CODE
Voluntary manslaughter (IC 35-42-1-3)
Sec. 3. (a) A person who knowingly or intentionally:
(1) kills another human being; or
(2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development; while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.
(b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4; P.L.158-2013, SEC.413; P.L.203-2018, SEC.2.
Involuntary manslaughter (IC 35-42-1-4)
Sec. 4. (a) As used in this section, "fetus" means a fetus in any stage of development.
(b) A person who kills another human being while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
(3) battery; commits involuntary manslaughter, a Level 5 felony.
(c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
(3) a battery offense included in IC 35-42-2; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated); commits involuntary manslaughter, a Level 5 felony.
Sexual Assault
The following two crimes and definitions under the Indiana Criminal Code most closely represent the crime of “sexual assault.”
Consent
The Indiana Criminal Code does not define consent in reference to sexual activity. A definition for consent under the Indiana University Sexual Misconduct Policy is provided. The age of consent in Indiana is 16.
Rape (IC 35-42-4-1)
Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5) when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;
(3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given; or
(4) the person disregarded the other person's attempts to physically, verbally, or by other visible conduct refuse the person's acts;
commits rape, a Level 3 felony.
(b) An offense described in subsection (a) is a Level 1 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.
Sexual Battery (IC 35-42-4-8)
Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:
(1) touches another person when that person is:
(A) compelled to submit to the touching by force or the imminent threat of force; or
(B) so mentally disabled or deficient that consent to the touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;
commits sexual battery, a Level 6 felony.
(b) An offense described in subsection (a) is a Level 4 felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
Robbery (IC 35-42-5-1)
Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally takes property from another person or from the presence of another person:
(1) by using or threatening the use of force on any person; or
(2) by putting any person in fear;
commits robbery, a Level 5 felony. However, the offense is a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Level 2 felony if it results in serious bodily injury to any person other than a defendant.
(b) A person who knowingly or intentionally takes a controlled substance from a pharmacist acting in an official capacity or from a pharmacy by:
(1) using or threatening the use of force on any person; or
(2) putting any person in fear;
commits robbery, a Level 4 felony. However, the offense is a Level 2 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than the defendant, and the offense is a Level 1 felony if it results in serious bodily injury to any person other than the defendant.
Aggravated battery (IC 35-42-2-1.5)
Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Level 3 felony. However, the offense is a Level 1 felony if it results in the death of a child less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
Burglary (IC 35-43-2-1)
Sec. 1. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. However, the offense is:
(1) a Level 4 felony if the building or structure is a dwelling;
(2) a Level 3 felony if it results in bodily injury to any person other than a defendant;
(3) a Level 2 felony if it:
(A) is committed while armed with a deadly weapon; or
(B) results in serious bodily injury to any person other than a defendant; and
(4) a Level 1 felony if:
(A) the building or structure is a dwelling; and
(B) it results in serious bodily injury to any person other than a defendant.
Theft (IC 35-43-4-2) includes motor vehicle theft
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor. However, the offense is:
(1) a Level 6 felony if:
(A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000);
(B) the property is a:
(C) the person has a prior unrelated conviction for:
(i) theft under this section;
(ii) criminal conversion under section 3 of this chapter;
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars ($50,000);
(B) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(i) relates to transportation safety;
(ii) relates to public safety; or
(iii) is taken from a hospital or other health care facility, telecommunications provider, public utility (as defined in IC 32-24-1-5.9(a)), or critical infrastructure facility;
and the absence of the property creates a substantial risk of bodily injury to a person; or
(C) the property is a:
(ii) component part (as defined in IC 9-13-2-34) of a motor vehicle; and the person has a prior unrelated conviction for theft of a motor vehicle (as defined in IC 9-13-2-105(a)) or theft of a component part (as defined in IC 9-13-2-34); and
(3) a Level 5 felony if the property is a firearm.
(b) For purposes of this section, "the value of property" means:
(1) the fair market value of the property at the time and place the offense was committed; or
(2) if the fair market value of the property cannot be satisfactorily determined, the cost to replace the property within a reasonable time after the offense was committed.
Arson (IC 35-43-1-1)
Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages:
(1) a dwelling of another person without the other person's consent;
(2) property of any person under circumstances that endanger human life;
(3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or
(4) a structure used for religious worship without the consent of the owner of the structure;
commits arson, a Level 4 felony. However, the offense is a Level 3 felony if it results in bodily injury to any person other than a defendant and a Level 2 felony if it results in serious bodily injury to any person other than a defendant.
(b) A person who commits arson for hire commits a Level 4 felony. However, the offense is:
(1) a Level 3 felony if it results in bodily injury to any other person; and
(2) a Level 2 felony if it results in serious bodily injury to any other person.
(c) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of any person with intent to defraud commits arson, a Level 6 felony.
(d) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages property of another person without the other person's consent so that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than five thousand dollars ($5,000) commits arson, a Level 6 felony.
(e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate offense for each person who suffers a bodily injury or serious bodily injury that is caused by the violation of subsection (a), (b), (c), or (d).
Hazing (IC 35-42-2-2.5)
Sec. 2.5. (a) As used in this section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization; to perform an act that creates a substantial risk of bodily injury.
(b) A person who knowingly or intentionally performs hazing commits a Class B misdemeanor. However, the offense is a Level 6 felony if it results in serious bodily injury to another person, and a Level 5 felony if it is committed by means of a deadly weapon.
(c) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator were an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report of hazing;
(3) employs a reporting or participating person described in subdivision (1) or (2); or
(4) supervises a reporting or participating person described in subdivision (1) or (2); is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
(d) A person described in subsection (c)(1) or (c)(2) is presumed to act in good faith.
(e) A person described in subsection (c)(1) or (c)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the offender were an adult.
As added by P.L.158-2013, SEC.424.
Domestic Violence & Dating Violence
The following crimes and definitions under the Indiana Criminal Code most closely represent the crimes of “domestic violence” and “dating violence.”
Crimes involving domestic or family violence (IC 35-31.5-2-76)
Sec. 76. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) Human and sexual trafficking crimes under IC 35-42-3.5.
(5) A sex offense under IC 35-42-4.
(6) Robbery under IC 35-42-5.
(7) Arson or mischief under IC 35-43-1.
(8) Burglary or trespass under IC 35-43-2.
(9) Disorderly conduct under IC 35-45-1.
(10) Intimidation or harassment under IC 35-45-2.
(11) Voyeurism under IC 35-45-4.
(12) Stalking under IC 35-45-10.
(13) An offense against family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or IC 35-46-1-15.3.
(14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
Family or household member (IC 35-31.5-2-128)
Sec. 128. (a) An individual is a "family or household member" of another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is or was engaged in a sexual relationship with the other person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to those listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) applies if the individual is a minor child of one (1) of the persons.
Domestic Battery (IC 35-42-2-1.3)
Sec. 1.3. (a) Except as provided in subsections (b) through (f), a person who knowingly or intentionally:
(1) touches a family or household member in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
commits domestic battery, a Class A misdemeanor.
(b) The offense under subsection (a)(1) or (a)(2) is a Level 6 felony if one (1) or more of the following apply:
(1) The person who committed the offense has a previous, unrelated conviction:
(A) for a battery offense included in this chapter; or
(B) for a strangulation offense under IC 35-42-2-9.
(2) The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household member in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
(3) The offense results in moderate bodily injury to a family or household member.
(4) The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
(5) The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
(6) The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2).
(7) The offense is committed against a family or household member:
(A) who has been issued a protection order (as defined in IC 34-26-7.5-2) that protects the family or household member from the person and the protection order was in effect at the time the person committed the offense; or
(B) while a no contact order issued by the court directing the person to refrain from having any direct or indirect contact with the family or household member was in effect at the time the person committed the offense.
(c) The offense described in subsection (a)(1) or (a)(2) is a Level 5 felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to a family or household member.
(2) The offense is committed with a deadly weapon against a family or household member.
(3) The offense results in bodily injury to a pregnant family or household member if the person knew of the pregnancy.
(4) The person has a previous conviction for a battery offense or strangulation (as defined in section 9 of this chapter) included in this chapter against the same family or household member.
(5) The offense results in bodily injury to one (1) or more of the following:
(A) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(B) A family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
(C) A family or household member who is an endangered adult (as defined in IC 12-10-3-2).
(d) The offense described in subsection (a)(1) or (a)(2) is a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult (as defined in IC 12-10-3-2).
(e) The offense described in subsection (a)(1) or (a)(2) is a Level 3 felony if it results in serious bodily injury to a family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(f) The offense described in subsection (a)(1) or (a)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
(1) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(2) A family or household member who is an endangered adult (as defined in IC 12-10-3-2).
Battery(IC 35-42-2-1)
Sec. 1. (a) As used in this section, "public safety official" means:
(1) a law enforcement officer, including an alcoholic beverage enforcement officer;
(2) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71);
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider;
(11) a judicial officer;
(12) a bailiff of any court; or
(13) a special deputy (as described in IC 36-8-10-10.6).
(b) As used in this section, "relative" means an individual related by blood, half-blood, adoption, marriage, or remarriage, including:
(1) a spouse;
(2) a parent or stepparent;
(3) a child or stepchild;
(4) a grandchild or stepgrandchild;
(5) a grandparent or stepgrandparent;
(6) a brother, sister, stepbrother, or stepsister;
(7) a niece or nephew;
(8) an aunt or uncle;
(9) a daughter-in-law or son-in-law;
(10) a mother-in-law or father-in-law; or
(11) a first cousin.
(c) Except as provided in subsections (d) through (k), a person who knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person;
commits battery, a Class B misdemeanor.
(d) The offense described in subsection (c)(1) or (c)(2) is a Class A misdemeanor if it:
(1) results in bodily injury to any other person; or
(2) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense.
(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6 felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other person.
(2) The offense is committed against a public safety official while the official is engaged in the official's official duty, unless the offense is committed by a person detained or committed under IC 12-26.
(3) The offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
(4) The offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
(5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2).
(6) The offense:
(A) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense; and
(B) results in bodily injury to the member of the foster family.
(f) The offense described in subsection (c)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus.
(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5 felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another person.
(2) The offense is committed with a deadly weapon.
(3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy.
(4) The person has a previous conviction for a battery offense included in this chapter against the same victim.
(5) The offense results in bodily injury to one (1) or more of the following:
(A) A public safety official while the official is engaged in the official's official duties, unless the offense is committed by a person detained or committed under IC 12-26.
(B) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(C) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(h) The offense described in subsection (c)(2) is a Level 5 felony if:
(1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety official, unless the offense is committed by a person detained or committed under IC 12-26.
(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2).
(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3 felony if it results in serious bodily injury to a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
(1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age. (2) An endangered adult (as defined in IC 12-10-3-2).
Stalking (IC 35-45-10-1)
Sec. 1. As used in this chapter, "stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.