Title 35, CRIMINAL LAW AND PROCEDURE

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 offense, and command the accu…

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…

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 exact place…

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 original sta…

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.

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 fr…

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 a…

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.

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) opinion evidence…

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…

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 included in IC 35-42-2 upon a child less than fourteen (14) years of…

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,…

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 confinement (IC 35-42-3). (4) Incest (IC 35-46-1-3). (5) Negl…

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 stat…

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 intermediate order made during the proceedi…

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.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 2 of this chapter by P.L.309-1985 do not apply to violations occurring before April 9, 1985. (2) The amendments made to section 2 of this chapter by P.L.48-2001 apply to all cr…

Sec. 1. (a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt. (b) Notwithstanding subsection (a), the burden of proof is on the defendant to establish the defense of insanity (IC 35-41-3-6) by a preponderance of the evidence. As added …

Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced: (1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014)…

Sec. 3. (a) A prosecution is barred if there was a former prosecution of the defendant based on the same facts and for commission of the same offense and if: (1) the former prosecution resulted in an acquittal or a conviction of the defendant (A conviction of an included offense …

Sec. 4. (a) A prosecution is barred if all of the following exist: (1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts. (2) The former prosecution resulted in an acquittal or a conviction of the defendant or…

Sec. 5. In a case in which the alleged conduct constitutes an offense within the concurrent jurisdiction of Indiana and another jurisdiction, a former prosecution in any other jurisdiction is a bar to a subsequent prosecution for the same conduct in Indiana, if the former prosecu…

Sec. 6. A former prosecution is not a bar under section 3, 4, or 5 of this chapter if: (1) it was before a court that lacked jurisdiction over the defendant or the offense; (2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to …

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 o…

Sec. 10. (a) As used in this section, "offender against children" means a person who is an offender against children under section 11 of this chapter. (b) As used in this section, "sexually violent predator" means a person who is a sexually violent predator under IC 35-38-1-7.5. …