Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 1. As used in this chapter, "bail bond" means a bond executed by a person who has been arrested for the commission of an offense, for the purpose of ensuring: (1) the person's appearance at the appropriate legal proceeding; (2) another person's physical safety; or (3) the sa…

Sec. 1.5. As used in this chapter, "publicly paid costs of representation" means the portion of all attorney's fees, expenses, or wages incurred by the county that are: (1) directly attributable to the defendant's defense; and (2) not overhead expenditures made in connection with…

Sec. 10. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-37-6. As added by P.L.65-2004, SEC.11.

Sec. 11. (a) Except as provided in subsection (c), a court may require a person who has been charged with a crime of domestic violence (as described in IC 35-31.5-2-78) to wear a monitoring device as a condition of bail. (b) A court may order a person who is required to wear a mo…

Sec. 12. (a) As used in this section, "disposition" has the meaning set forth in section 3.2(c) of this chapter. (b) The Indiana criminal justice institute shall collect the following data from each court exercising criminal jurisdiction in Indiana: (1) Of those defendants who ar…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 2. Murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong. In all other cases, o…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 3.2. (a) After considering the results of the Indiana pretrial risk assessment system (if available), other relevant factors, and bail guidelines described…

Sec. 3.3. (a) This section does not apply to a defendant charged in a city or town court. (b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 3.4. (a) This section applies only to a violent arrestee. (b) As used in this section, "violent arrestee" means a person arrested for or charged with a cri…

Sec. 3.5. (a) This section applies only to a sexually violent predator defendant. (b) As used in this section, "sexually violent predator defendant" means a person who: (1) is a sexually violent predator under IC 35-38-1-7.5; and (2) is arrested for or charged with the commission…

Sec. 3.6. (a) This section applies only to a defendant who is charged with committing a violent crime (as defined in IC 5-2-6.1-8) that results in bodily injury to a person. (b) If a court releases a defendant described in subsection (a) to bail without holding a bail hearing in …

Effective 1-1-2027. Sec. 3.7. (a) This section does not apply to a charge of murder. A person charged with murder shall be detained as provided in section 2 of this chapter. (b) For a charge other than murder, on motion of the state at or before an initial hearing, the court shal…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee.…

Sec. 3.9. (a) If the court determines that an arrestee is to be held subject to money bail, the court is authorized to determine the amount of bail and whether the bail may be satisfied by surety bond or cash deposit. (b) The court may set and accept a partial cash payment of the…

Sec. 4. (a) The court shall order the amount in which a person charged by an indictment or information is to be held to bail, and the clerk shall enter the order on the order book and indorse the amount on each warrant when issued. If no order fixing the amount of bail has been m…

Sec. 4.5. (a) If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, and the bai…

Sec. 5. (a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending. In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is adm…

Sec. 6. The court may detain, for a maximum period of fifteen (15) calendar days, a person charged with any offense who comes before it for a bail determination, if the person is on probation, parole, or other community supervision. During the fifteen (15) day period, the prosecu…

certain domestic violence crimes Sec. 6.5. (a) The court, or a facility having custody of a person, may not release a person on bail for at least twenty-four (24) hours from the time of the person's arrest if the person is arrested for one (1) or more of the following offenses co…

Sec. 7. (a) If a defendant: (1) was admitted to bail under section 3.2(a)(2) of this chapter; and (2) has failed to appear before the court as ordered; the court shall, except as provided in subsection (b) or section 8(b) of this chapter, declare the bond forfeited not earlier th…

Sec. 8. (a) If a defendant was admitted to bail under section 3.2(a) of this chapter and the defendant has knowingly and intentionally failed to appear before the court as ordered, the court: (1) shall issue a warrant for the defendant's arrest; (2) may not release the defendant …

Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date: (1) must be set by the judicial officer at the initial hearing; and (2) must be no earlier than forty-five (45) days and no later than seventy-five (75) days after the complet…

Sec. 2. (a) Counsel for a defendant charged with a felony or misdemeanor may withdraw from the case for any reason, including failure of the defendant to fulfill an obligation with respect to counsel's fee, at any time up to thirty (30) days before the omnibus date. (b) However, …

Sec. 3. (a) A pretrial hearing and pretrial conference, if one is necessary, may be held on the omnibus date or any other date that the court designates prior to the commencement of trial. The purpose of the pretrial hearing is to: (1) consolidate hearings on pretrial motions and…

Sec. 1. Upon request of a victim, a criminal court shall notify the victim of any probation or forensic diversion revocation disposition proceeding or proceeding in which the court is asked to terminate the probation or forensic diversion of a person who is convicted of a crime a…

Sec. 2. Upon request of a victim, a criminal court shall notify the victim of a modification of the terms of probation or a forensic diversion program of a person convicted of a crime against the victim only if: (1) the modification will substantially affect the person's contact …

Sec. 1. As used in this chapter, "timber" includes standing or felled trees and logs that can be used for any of the following: (1) Sawing or processing into lumber for building or structural purposes. (2) Posts, poles, bolts, pulpwood, or cordwood. (3) The manufacture of wood pr…

Sec. 2. (a) A person who recklessly, knowingly, or intentionally, without claim or right or consent of the owner, drives, places, or fastens in timber a device of metal, ceramic, or other substance sufficiently hard to damage equipment used in the processing of timber into wood p…

Sec. 4. A person commits a Class A infraction who: (1) possesses a device of metal, ceramic, or other substance commonly used to damage saws, wood processing, manufacturing, or transportation equipment with the intent to use the device to hinder the logging or the processing of t…

Sec. 1. As used in this chapter, "consumer product" means: (1) a food, drug, device, or cosmetic (as defined under IC 16-18-2-82, IC 16-18-2-94, IC 16-18-2-101(a), or IC 16-18-2-135(a)); or (2) an item designed to be consumed for personal care or for performing household services…

Sec. 2. As used in this chapter, "labeling" has the meaning set forth in IC 16-18-2-198(a). As added by P.L.326-1987, SEC.4. Amended by P.L.2-1993, SEC.187.

Sec. 3. A person who: (1) recklessly, knowingly, or intentionally introduces a poison, a harmful substance, or a harmful foreign object into a consumer product; or (2) with intent to mislead a consumer of a consumer product, tampers with the labeling of a consumer product; that h…

Sec. 1. This chapter does not apply to a law enforcement officer acting within the scope of the officer's employment. As added by P.L.94-2005, SEC.6.

Sec. 2. As used in this chapter, "audiovisual recording device" means: (1) a digital or an analog photographic or video camera; or (2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work; regardless of whether audio…

Sec. 3. (a) As used in this chapter, "motion picture exhibition facility" means: (1) an indoor or outdoor screening venue; or (2) any other premises; where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is c…

Sec. 4. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to transmit or record a motion picture commits unlawful recording, a Class C infraction. However, the violation is a Class B misdemeano…

Sec. 5. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of: (1) all unauthorized copies of motion pictures or other audiovisual works; and (2) any audiovisual recording devices or oth…

Sec. 1. As used in this chapter, "electronic stun weapon" means any mechanism that is: (1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and (2) used for the purpose of temporarily inc…

Sec. 2. As used in this chapter, "stun gun" means any mechanism that is: (1) designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock; and (2) used for the purpose of temporarily…

Sec. 3. As used in this chapter, "taser" means any mechanism that is: (1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and (2) used for the purpose of temporarily incapacitating a person. As added by P.L.318-1985, SEC…

Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser. As added by P.L.318-1985, SEC.3.

Sec. 5. (a) A person eighteen (18) years of age or over may purchase or possess a stun gun. (b) A person who knowingly or intentionally sells or furnishes a stun gun to a person who is less than eighteen (18) years of age commits a Class B misdemeanor. (c) A person who knowingly …

Sec. 1. (a) If an individual is enrolled in a primary or secondary school, including a public or nonpublic school, and: (1) is convicted of: (A) a Class A felony; (B) a Class B felony; (C) a Class C felony; (D) at least two (2) Class D felonies; (E) a Level 1 felony; (F) a Level …

Sec. 1. IC 8-1-2-79 defines a crime concerning utilities. As added by P.L.169-2014, SEC.2.

Sec. 10. IC 8-15.5-13-8 defines a crime concerning prohibited political contributions. As added by P.L.169-2014, SEC.2.

Sec. 11. IC 8-15.7-16-8 defines a crime concerning prohibited political contributions. As added by P.L.169-2014, SEC.2.