Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 14. (a) As used in this section, "serious sex offender" means a person required to register as a sex offender under IC 11-8-8 who is: (1) found to be a sexually violent predator under IC 35-38-1-7.5; or (2) convicted of one (1) or more of the following offenses: (A) Child mo…

Sec. 3. (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony. However, the offense is a Level 1 fe…

Sec. 4. (a) The following definitions apply throughout this section: (1) "Image" means any visual representation. (2) "Sexual conduct" means: (A) sexual intercourse; (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); (C) exhibition of the: (i) uncovered genitals; or (ii…

Sec. 4.5. (a) The following definitions apply throughout this section: (1) "Image" has the meaning set forth in section 4 of this chapter. (2) "Sexual conduct" has the meaning set forth in section 4 of this chapter. (b) A person who, with intent to view the image, knowingly or in…

Sec. 5. (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy th…

Sec. 6. (a) As used in this section, "solicit" means to command, authorize, urge, incite, request, lure, entice, or advise an individual: (1) in person; (2) by telephone or wireless device; (3) in writing; (4) by using a computer network (as defined in IC 35-43-2-3(a)); (5) by ad…

Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2.1-13. (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent. (c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.…

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…

Sec. 9. (a) A person at least eighteen (18) years of age who knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with a child less than sixteen (16) years of age, commits sexual misconduct with a minor, a…

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.84-2001 are intended to specify that the scope of the amended terms includes retail sales receipts, universal product codes (UPC), and other product identification codes. The amendment of these definitions shall no…

Sec. 1. (a) As used in this chapter, "exert control over property" means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property. (b) Under this chapter, a person's control over…

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) th…

Sec. 2.1. (a) A person who, with the intent to commit theft under section 2 of this chapter: (1) agrees with at least two (2) other persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. (b) It is not a d…

Sec. 2.2. (a) As used in this section, "retail merchant" has the meaning set forth in IC 6-2.5-1-8. (b) A person who exercises unauthorized control over the property of a retail merchant with the intent to directly or indirectly distribute the property for resale commits organize…

Sec. 2.3. (a) As used in this section, "dealer" means a person who buys or sells, or offers to buy or sell, personal property. The term does not include the original retailer of personal property. (b) A dealer who recklessly, knowingly, or intentionally buys or sells personal pro…

Sec. 2.7. (a) This section does not apply to the following: (1) A public safety officer (as defined in IC 35-47-4.5-3) or state police motor carrier inspector acting within the scope of the officer's or inspector's duties. (2) A motor vehicle that must be moved because the motor …

Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor. (b) The offense under subsection (a) is a Level 6 felony if committed by a person who exerts unauthorized control ov…

Sec. 3.3. (a) The following definitions apply throughout this section: (1) "Purchase" has the meaning set forth in IC 25-37.5-1-1. (2) "Valuable metal" has the meaning set forth in IC 25-37.5-1-1. (3) "Valuable metal dealer" has the meaning set forth in IC 25-37.5-1-1. (b) A valu…

Sec. 3.5. (a) If a person: (1) borrows any article which belongs to or is in the care of any library, gallery, museum, collection, or exhibition; (2) borrows the article under an agreement to return the article within a specified period of time; and (3) fails to return the articl…

Sec. 4. (a) The price tag or price marking on property displayed or offered for sale constitutes prima facie evidence of the value and ownership of the property. (b) Evidence that a person: (1) altered, substituted, or transferred a universal product code (UPC) or another product…

Sec. 5. (a) An owner in possession of encumbered property does not commit a crime under this chapter, as against a person having only a security interest in the property, by removing or otherwise dealing with the property contrary to the terms of the security agreement, even if t…

Sec. 6. (a) As used in this section: "Benefit" includes any accident, sickness, or other health care or reimbursement therefor to which a person is entitled. "Benefit identification card" means a writing that identifies a person, his spouse, or his dependent as being entitled to …

Sec. 8. (a) A conviction for an offense under section 2 or 3 of this chapter that involves exerting unauthorized control over gasoline or motor vehicle fuel: (1) by operation of a motor vehicle to leave the premises of an establishment at which gasoline or motor vehicle fuel is o…

Sec. 0.1. The enhanced penalty under section 5(b)(2) of this chapter, as added by P.L.7-2005, applies only if at least one (1) of the offenses is committed after June 30, 2005. As added by P.L.220-2011, SEC.605. Amended by P.L.63-2012, SEC.59.

Sec. 1. (a) A person who knowingly or intentionally, in a public place: (1) engages in sexual intercourse; (2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5); (3) appears in a state of nudity with the intent to arouse the sexual desires of the person or anothe…

Sec. 1.5. (a) As used in this section, "nudity" has the meaning set forth in section 1(d) of this chapter. (b) A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor. (c) A person who knowingly or intent…

Sec. 2. (a) A person at least eighteen (18) years of age who knowingly or intentionally: (1) performs, or offers or agrees to perform, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); or (2) fondles, or offers or agrees to fondle, the genitals of ano…

Sec. 3. (a) A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person: (1) for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or other sexual conduct (as defined in IC 3…

Sec. 4. (a) As used in this section, "juvenile prostitution victim" means a person less than eighteen (18) years of age who engages in juvenile prostitution. (b) A person who: (1) knowingly or intentionally entices or compels another person to become a prostitute or juvenile pros…

Sec. 5. (a) The following definitions apply throughout this section: (1) "Camera" means a camera, a video camera, a device that captures a digital image, or any other type of video recording device. (2) "Peep" means: (A) any looking of a clandestine, surreptitious, prying, or sec…

Sec. 6. (a) This section applies only to a person to whom all of the following apply: (1) The person is less than eighteen (18) years of age. (2) The person is not more than four (4) years older than the individual who is depicted in the image or who received the image. (3) The r…

Sec. 7. If a law enforcement agency detains an alleged victim of an offense under this chapter who is less than eighteen (18) years of age, the law enforcement agency shall immediately notify the department of child services that the alleged victim: (1) has been detained; and (2)…

Sec. 8. (a) This section does not apply to: (1) a photograph, digital image, or video that is distributed: (A) to report a possible criminal act; (B) in connection with a criminal investigation; (C) under a court order; (D) to a location that is: (i) intended solely for the stora…

Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the…

Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under: (1) IC 35-41-3-2; or (2) IC 35-41-3-3. (b) …

Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of committing a serious violent felony. (b) As used in this section, "serious violent felony" means: (1) murder (IC 35-42-1-1); (2) attempted murder (IC 35-41-5-1); (3) voluntary ma…

Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor. (b) It is a defense to a prosecution under this sect…

Sec. 6.5. A person who: (1) has been found to be dangerous by a circuit or superior court having jurisdiction over the person following a hearing under IC 35-47-14-6; and (2) knowingly or intentionally: (A) rents; (B) purchases; (C) receives transfer of; (D) owns; or (E) possesse…

Sec. 6.7. A person who knowingly or intentionally rents, transfers, sells, or offers for sale a firearm to another person who the person knows to be found dangerous by a circuit or superior court following a hearing under IC 35-47-14-6 commits unlawful transfer of a firearm to a …

Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, the restoration of the right to vote under IC 3-7-13-5, or the expungement of a crime of domestic violence under IC 35-38-9, and except as provided in subsec…

Sec. 8. (a) As used in this section, "alien" has the meaning set forth in 8 U.S.C. 1101(a). (b) Except as provided in subsection (c), an alien who: (1) is illegally or unlawfully present in the United States; and (2) knowingly or intentionally possesses a firearm; commits unlawfu…

Sec. 9. (a) As used in this section, "serious violent felony" has the meaning set forth in section 5 of this chapter. (b) A person who: (1) has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 13 of this chapter by P.L.31-1998 apply only to offenses committed after June 30, 1998. An offense committed under section 13 of this chapter before July 1, 1998, may be prosec…

Sec. 0.5. (a) In determining whether a controlled substance analog has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system, or is represented or intended to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervo…

Sec. 1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or (2) possesses, with intent to: (A) manuf…

Sec. 1.1. (a) A person who: (1) knowingly or intentionally: (A) delivers; or (B) finances the delivery of; methamphetamine, pure or adulterated; or (2) possesses, with intent to: (A) deliver; or (B) finance the delivery of; methamphetamine, pure or adulterated; commits dealing in…