Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE
80 chapters · 950 sections in this title.
Ind. Code § 35-38-2-2.3 Conditions of probation; statement of conditions; term of
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imprisonment; intermittent service; transfers and retransfers of supervision Sec. 2.3. (a) As a condition of probation, the court may require a person to do a combination of the following: (1) Work faithfully at suitable employment or faithfully pursue a course of study or career…
Ind. Code § 35-38-2-2.4 Conditions of probation for sex offenders
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Sec. 2.4. As a condition of probation, the court may require a sex offender (as defined in IC 11-8-8-4.5) to: (1) participate in a treatment program for sex offenders approved by the court; and (2) avoid contact with any person who is less than sixteen (16) years of age unless th…
Ind. Code § 35-38-2-2.5 Residency requirements for certain offenders
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Sec. 2.5. (a) As used in this section, "offender" means an individual convicted of a sex offense. (b) As used in this section, "sex offense" means any of the following: (1) Rape (IC 35-42-4-1). (2) Criminal deviate conduct (IC 35-42-4-2) (repealed). (3) Child molesting (IC 35-42-…
Ind. Code § 35-38-2-2.6 Conditions of probation or parole for persons convicted of
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stalking Sec. 2.6. (a) As a condition of remaining on probation or parole after a conviction for stalking (IC 35-45-10-5), a court may prohibit a person from residing within one thousand (1,000) feet of the residence of the victim of the stalking for a period that does not exceed…
Ind. Code § 35-38-2-2.7 Prohibition on use of social media, instant messaging, or chat
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rooms Sec. 2.7. As a condition of probation or parole after conviction for a sex offense (as defined in IC 11-8-8-5.2), the court shall prohibit the convicted person from using a social networking web site or an instant messaging or chat room program to communicate with a child l…
Ind. Code § 35-38-2-2.8 Prohibition against owning, harboring, or training a
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companion animal as a condition of parole Sec. 2.8. (a) The following definitions apply throughout this section: (1) "Animal abuse offense" means one (1) or more of the following: (A) IC 35-46-3-7 (abandonment or neglect of a vertebrate animal). (B) IC 35-46-3-8 (purchase or poss…
Ind. Code § 35-38-2-2.9 Court must inform offenders against children of statutory
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residency restrictions Sec. 2.9. As a condition of probation, the court shall inform an offender against children (as described in IC 35-42-4-11) of the residency restrictions described in IC 35-42-4-11(c)(1). As added by P.L.220-2019, SEC.2.
Ind. Code § 35-38-2-3 Violation of conditions of probation
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Sec. 3. (a) The court may revoke a person's probation if: (1) the person has violated a condition of probation during the probationary period; and (2) the petition to revoke probation is filed during the probationary period or before the earlier of the following: (A) One (1) year…
Ind. Code § 35-40-2-1 Standing of victims
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Sec. 1. A victim has standing to assert the rights established by this article. However, this article does not do any of the following: (1) Provide grounds for a victim to challenge a charging decision or a conviction, obtain a stay of trial, or compel a new trial. (2) Give rise …
Ind. Code § 35-31.5-2-1 "Abandon"
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Sec. 1. "Abandon", for purposes of IC 35-46-3, has the meaning set forth in IC 35-46-3-0.5(1). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-1.5 "Abuse"
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Sec. 1.5. "Abuse", for purposes of IC 35-46-3, has the meaning set forth in IC 35-46-3-0.5. As added by P.L.141-2019, SEC.3.
Ind. Code § 35-31.5-2-10 "Advisory sentence"
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Sec. 10. "Advisory sentence", for purposes of IC 35-50-1-2, IC 35-50-2, and this chapter, has the meaning set forth in IC 35-50-2-1.3. As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.86; P.L.109-2015, SEC.50.
Ind. Code § 35-31.5-2-100 "Distribute"
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Sec. 100. (a) "Distribute", for purposes of IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8. (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set forth in IC 35-46-1-10(f). (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning set forth in IC …
Ind. Code § 35-31.5-2-101 "Distributor"
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Sec. 101. "Distributor", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-15. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-102 "Documentary material"
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Sec. 102. "Documentary material", for purposes of IC 35-45-6, has the meaning set forth in IC 35-45-6-1(b). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-103 "Domestic animal"
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Sec. 103. "Domestic animal", for purposes of IC 35-46-3-12(d) has the meaning set forth in IC 35-46-3-12(d). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-104 "Drug"
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Sec. 104. "Drug", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16. As added by P.L.114-2012, SEC.67. Amended by P.L.158-2013, SEC.367.
Ind. Code § 35-31.5-2-105 "Drug abuser"
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Sec. 105. "Drug abuser", for purposes of IC 35-47, has the meaning set forth in IC 35-47-1-4. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-106 "Drug or alcohol screening test"
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Sec. 106. "Drug or alcohol screening test", for purposes of IC 35-43-5, has the meaning set forth in IC 35-43-5-1(g). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-107 "Dwelling"
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Sec. 107. "Dwelling" means a building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person's home or place of lodging. As added by P.L.114-2012, SEC.67. IC 35-31.5-2-107.5 "E-liquid" Sec. 107.5. "E-liquid", for purposes of IC 35-46-1, ha…
Ind. Code § 35-31.5-2-108 "Earliest possible release date"
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Sec. 108. "Earliest possible release date", for purposes of IC 35-38-3, has the meaning set forth in IC 35-38-3-1. As added by P.L.114-2012, SEC.67. IC 35-31.5-2-108.5 "Educational credit" Sec. 108.5. "Educational credit" has the meaning set forth in IC 35-50-6-0.5. As added by P…
Ind. Code § 35-31.5-2-109 "Effects of battery"
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Sec. 109. "Effects of battery" refers to a psychological condition of an individual who has suffered repeated physical or sexual abuse inflicted by another individual who is the: (1) victim of an alleged crime for which the abused individual is charged in a pending prosecution; a…
Ind. Code § 35-31.5-2-11 "Agency"
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Sec. 11. (a) "Agency" means any authority, board, bureau, commission, committee, department, division, hospital, military body, or other instrumentality of: (1) the state, a county, a township, a city, a town, a separate municipal corporation, a special taxing district, or a publ…
Ind. Code § 35-31.5-2-110 "Electronic communications"
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Sec. 110. "Electronic communication", for purposes of IC 35-33.5, means any transfer of signs, signals, writing, images, sounds, data, oral communication, digital information, or intelligence of any nature transmitted in whole or in part by a wire, a radio, or an electromagnetic,…
Ind. Code § 35-31.5-2-111 "Electronic gaming device"
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Sec. 111. "Electronic gaming device", for purposes of IC 35-45-5, has the meaning set forth in IC 35-45-5-1(b). As added by P.L.114-2012, SEC.67. IC 35-31.5-2-111.5 "Electronic storage" Sec. 111.5. "Electronic storage", for purposes of IC 35-33-5, has the meaning set forth in IC …
Ind. Code § 35-31.5-2-112 "Electronic stun weapon"
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Sec. 112. "Electronic stun weapon", for purposes of IC 35-47-8, has the meaning set forth in IC 35-47-8-1. As added by P.L.114-2012, SEC.67. IC 35-31.5-2-112.5 "Electronic user data" Sec. 112.5. "Electronic user data", for purposes of IC 35-33-5, has the meaning set forth in IC 3…
Ind. Code § 35-31.5-2-113 Repealed
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As added by P.L.114-2012, SEC.67. Repealed by P.L.32-2019, SEC.24. IC 35-31.5-2-114 "Emergency incident area" Sec. 114. "Emergency incident area", for purposes of IC 35-44.1-4, has the meaning set forth in IC 35-44.1-4-2. As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, …
Ind. Code § 35-31.5-2-115 "Emergency medical person"
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Sec. 115. "Emergency medical person", for purposes of IC 35-44.1-4-9, has the meaning set forth in IC 35-44.1-4-9(a). As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.102. IC 35-31.5-2-115.2 Repealed As added by P.L.13-2013, SEC.103. Repealed by P.L.168-2014, SEC.49.…
Ind. Code § 35-31.5-2-116 "Endangered adult"
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Sec. 116. "Endangered adult", for purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-117 Repealed
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As added by P.L.114-2012, SEC.67. Repealed by P.L.158-2013, SEC.368. IC 35-31.5-2-117.5 "Enhancing circumstance" Sec. 117.5. "Enhancing circumstance", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-16.5. As added by P.L.158-2013, SEC.369.
Ind. Code § 35-31.5-2-118 "Enterprise"
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Sec. 118. "Enterprise", for purposes of IC 35-45-6, has the meaning set forth in IC 35-45-6-1(c). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-119 "Entrusted"
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Sec. 119. "Entrusted", for purposes of IC 35-43-5, has the meaning set forth in IC 35-43-5-1(h). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-12 "Agent"
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Sec. 12. (a) Except as provided in subsection (b), "agent" means an operator, a manager, an adult employee, or a security agent employed by a store. (b) "Agent", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-5. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-120 "Ephedrine"
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Sec. 120. "Ephedrine", for purposes of IC 35-48-4-14.7, has the meaning set forth in IC 35-48-4-14.7(b)(3). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-121 "Episode of criminal conduct"
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Sec. 121. "Episode of criminal conduct", for purposes of IC 35-38-9 and IC 35-50-1-2, has the meaning set forth in IC 35-50-1-2(b). As added by P.L.114-2012, SEC.67. Amended by P.L.219-2019, SEC.4. IC 35-31.5-2-121.5 "Evidence based risk assessment" Sec. 121.5. "Evidence based ri…
Ind. Code § 35-31.5-2-122 "Evidence of previous battery"
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Sec. 122. "Evidence of a previous battery", for purposes of IC 35-37-4-14, has the meaning set forth in IC 35-37-4-14(b). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-123 Repealed
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As added by P.L.114-2012, SEC.67. Repealed by P.L.51-2019, SEC.14. IC 35-31.5-2-123.5 "Executive authority" Sec. 123.5. "Executive authority", for purposes of IC 35-33-10-3, has the meaning set forth in IC 35-33-10-3(1). As added by P.L.13-2013, SEC.104.
Ind. Code § 35-31.5-2-124 "Exert control over property"
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Sec. 124. "Exert control over property", for purposes of IC 35-43-4, has the meaning set forth in IC 35-43-4-1(a). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-125 "Explosives"
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Sec. 125. "Explosives", for purposes of IC 35-47.5, has the meaning set forth in IC 35-47.5-2-7. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-126 "Extension"
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Sec. 126. "Extension", for purposes of IC 35-33.5, means an extension of the duration for which a warrant remains effective under IC 35-33.5. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-127 Repealed
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As added by P.L.114-2012, SEC.67. Repealed by P.L.149-2016, SEC.88. IC 35-31.5-2-127.5 "Facility" Sec. 127.5. "Facility", for purposes of IC 35-48-1-16.5, has the meaning set forth in IC 35-48-1-16.5. As added by P.L.182-2019, SEC.1. IC 35-31.5-2-127.8 "Family member" Sec. 127.8.…
Ind. Code § 35-31.5-2-128 "Family or household member"
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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 rela…
Ind. Code § 35-31.5-2-129 "Federal enforcement officer"
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Sec. 129. "Federal enforcement officer" means any of the following: (1) A Federal Bureau of Investigation special agent. (2) A United States Marshals Service marshal or deputy. (3) A United States Secret Service special agent. (4) A United States Fish and Wildlife Service special…
Ind. Code § 35-31.5-2-13 Repealed
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As added by P.L.114-2012, SEC.67. Repealed by P.L.158-2013, SEC.351. IC 35-31.5-2-14 "Alcohol abuser" Sec. 14. "Alcohol abuser", for purposes of IC 35-47, has the meaning set forth in IC 35-47-1-2. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-130 "Felony conviction"
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Sec. 130. "Felony conviction", for purposes of IC 35-50-2, has the meaning set forth in IC 35-50-2-1(b). As added by P.L.114-2012, SEC.67. IC 35-31.5-2-130.2 "Felony terrorist offense" Sec. 130.2. "Felony terrorist offense", for purposes of IC 35-50-2-18, has the meaning set fort…
Ind. Code § 35-31.5-2-131 "Fetal tissue"
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Sec. 131. "Fetal tissue", for purposes of IC 35-46-5-1, has the meaning set forth in IC 35-46-5-1(a). As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-132 "Fetus"
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Sec. 132. "Fetus", for purposes of IC 35-42-1-4, has the meaning set forth in IC 35-42-1-4(a). As added by P.L.114-2012, SEC.67. Amended by P.L.158-2013, SEC.370. IC 35-31.5-2-132.5 "Financial institution" Sec. 132.5. "Financial institution": (1) has the meaning set forth in IC 2…
Ind. Code § 35-31.5-2-133 "Firearm"
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Sec. 133. (a) Except as provided in subsection (b), "firearm", for purposes of IC 35-47, has the meaning set forth in IC 35-47-1-5. (b) "Firearm", for purposes of IC 35-47-15, has the meaning set forth in IC 35-47-15-1. (c) "Firearm", for purposes of IC 35-50-2-11, has the meanin…
Ind. Code § 35-31.5-2-134 "Firearm accessory"
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Sec. 134. "Firearm accessory", for purposes of IC 35-47, has the meaning set forth in IC 35-47-1-5.1. As added by P.L.114-2012, SEC.67.
Ind. Code § 35-31.5-2-135 "Firefighter"
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Sec. 135. "Firefighter", for purposes of IC 35-44.1-3 and IC 35-44.1-4, has the meaning set forth in IC 35-44.1-4-3. As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.105; P.L.158-2013, SEC.371; P.L.174-2021, SEC.32. IC 35-31.5-2-135.2 "Fire protective clothing and fi…