Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

failure to appear; forms Sec. 1. (a) When an indictment or information is filed against a person charging him with a misdemeanor, the court may, in lieu of issuing an arrest warrant under IC 35-33-2, issue a summons. The summons must set forth substantially the nature of the offe…

Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than: (1) twenty (20) days prior to the omnibus date if the defendant is charged with a felony; or (2) ten (10) days prior to the omnibus date if the d…

and service Sec. 2. (a) When a defendant files a notice of alibi, the prosecuting attorney shall file with the court and serve upon the defendant, or upon his counsel, a specific statement containing: (1) the date the defendant was alleged to have committed the crime; and (2) the…

of evidence Sec. 3. (a) If either the defendant or the prosecuting attorney fails to file or serve statements in accordance with section 2 of this chapter, the judge may extend the time for filing. (b) If at the trial it appears that the defendant has failed to file and serve an …

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.

As added by P.L.36-1990, SEC.9; P.L.37-1990, SEC.24. Repealed by P.L.1-1991, SEC.192.

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 (…

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…

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 sa…

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 subsec…

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 molestin…

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.

Sec. 3. The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules of Trial Procedure. As added by Acts 1981, P.L.298, SEC.6.

procedure Sec. 4. (a) In a prosecution for an offense described in IC 11-8-8-4.5(a): (1) evidence of the victim's past sexual conduct; (2) evidence of the past sexual conduct of a witness other than the accused; (3) opinion evidence of the victim's past sexual conduct; (4) opinio…

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 ev…

statement or videotape; notice to defendant; jury instructions Sec. 6. (a) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(1) or (c)(2): (1) Sex crimes (IC 35-42-4). (2) A battery offense inclu…

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,…

circuit television; videotape; notice to defendant Sec. 8. (a) This section applies to a criminal action under the following: (1) Sex crimes (IC 35-42-4). (2) A battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age. (3) Kidnapping and confinemen…

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 anothe…

chapter; decisions and orders reviewable Sec. 1. (a) An appeal to the supreme court or the court of appeals may be taken by the defendant: (1) as a matter of right from any judgment in a criminal action; and (2) in accordance with this chapter. (b) Any decision of the court or in…

Sec. 2. (a) Appeals to the supreme court or to the court of appeals, as provided by court rules, may be taken by the state as of right in the following cases: (1) From an order granting a motion to dismiss one (1) or more counts of an indictment or information. (2) From an order …

Sec. 3. In case of an appeal from a question reserved on the part of the state, it is not necessary for the clerk of the court to certify in the transcript any part of the proceedings and record except the pleadings, the motion to correct errors, and the judgment of acquittal. Wh…

Sec. 4. An appeal taken by the state does not stay, or affect the operation of, the judgment in favor of the defendant until the judgment is reversed. However, if an appeal is taken by the state from an order or judgment by which the defendant is discharged before trial, the orde…

Sec. 5. When defendants are tried jointly, any one (1) or more of them may take an appeal. However, those who do not join in the appeal are not affected by it. As added by P.L.311-1983, SEC.3.

Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless: (1) the punishment is to be death; or (2) the judgment is for a fine and costs (including fees) only, in which case the executi…

Sec. 7. (a) This section applies to state reimbursement of expenses for conducting a new trial if: (1) a defendant is convicted of an offense in a criminal proceeding conducted in a trial court; (2) the defendant appeals the defendant's conviction to the Indiana court of appeals …

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.139-1999, SEC.1.

Sec. 2. "Accused" means that an indictment or information charging a person with a crime or a petition alleging that a child is a delinquent child has been filed. As added by P.L.139-1999, SEC.1.

Sec. 3. "Crime" includes a delinquent act. As added by P.L.139-1999, SEC.1.

Sec. 4. "Delinquent act" has the meaning set forth in IC 31-37-1-2. As added by P.L.139-1999, SEC.1.

Sec. 4.5. "Immediate family member" means a spouse, child, parent, or sibling. As added by P.L.71-2021, SEC.6.

Sec. 4.7. "Local law enforcement agency" means a law enforcement agency other than the state police department. As added by P.L.71-2021, SEC.7.

Sec. 5. "Postarrest release" means the discharge on recognizance, bond, or other condition imposed under IC 31 or IC 35-33 of an accused person from confinement. As added by P.L.139-1999, SEC.1.

Sec. 6. "Postconviction release" means parole, work release, home detention, or any other permanent, conditional, or temporary discharge from confinement of a person who is confined in: (1) the custody of: (A) the department of correction; or (B) a sheriff; (2) a county jail; (3)…

Sec. 7. "Public court proceeding" means a hearing, an argument, or another matter scheduled by and held before a trial court. The term does not include: (1) a deposition; (2) a lineup; (3) a grand jury proceeding; or (4) any other procedure not held in the presence of a court hav…

Sec. 7.3. "Reasonable suspicion" means an objectively reasonable basis for believing that a death was caused by the criminal act of a third person, based on: (1) concrete, articulable facts that support the belief; and (2) specific reasonable inferences that may be drawn from the…

Sec. 7.5. "Uncharged death" means the death of a person that a local law enforcement agency has determined was not the result of a criminal act committed by a third person. As added by P.L.71-2021, SEC.9.

Sec. 8. "Victim" means a person that has suffered harm as a result of a crime that was perpetrated directly against the person. The term does not include a person that has been charged with a crime arising out of the same occurrence. As added by P.L.139-1999, SEC.1.

compensation Sec. 1. (a) A court may not authorize interception under a warrant or an extension for a period longer than is necessary to achieve the objective of the warrant or extension. Except as provided in subsection (d), a warrant and each extension may authorize interceptio…

Sec. 2. Whenever a warrant or an extension is issued under this article, the court shall order that reports be submitted to the court indicating the progress that has been made toward the authorized objective and whether continued interception is necessary. The court may establis…

information available to person whose communications have been intercepted; postponement of inventory services Sec. 3. (a) Within sixty (60) days after the termination of a warrant or an extension, the court shall cause to be served upon each person from whom communication was to…

Sec. 4. (a) Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence derived from an interception based on: (1) the grounds that the communication was intercepted in violation of this article; (2) the grounds that the warrant or …

aggrieved person; appeal of granted motion Sec. 5. (a) If a court grants a motion to suppress under this article, the contents of the interception or evidence derived from the interception are considered to have been obtained in violation of this article. The court, upon the fili…

Sec. 1. As described in IC 16-21-8-6, a provider shall provide forensic medical exams and additional forensic services to a victim without charge. As added by P.L.58-2020, SEC.6.

Sec. 2. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall inform the victim of the following: (1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response …

Sec. 3. Before a provider commences a forensic medical examination, or as soon as possible, the provider shall notify a victim advocate or a victim service provider. If a victim advocate or victim service provider is not available, the provider shall notify victims assistance or …