Title 35, CRIMINAL LAW AND PROCEDURE

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. …

Sec. 11. (a) As used in this section, and except as provided in subsection (d), "offender against children" means a person required to register as a sex or violent offender under IC 11-8-8 who has been: (1) found to be a sexually violent predator under IC 35-38-1-7.5; or (2) conv…

Sec. 12. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5). (b) A sex offender who knowingly or intentionally violates a: (1) condition of probation; (2) condition of parole; or (3) rule of a community transition program; that prohibits the offender fr…

Sec. 12.5. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5). (b) A sex offender who: (1) knowingly or intentionally operates an unmanned aerial vehicle for the purpose of: (A) following; (B) contacting; or (C) capturing images or recordings of; one (1…

Sec. 13. (a) This section does not apply to the following: (1) A parent, guardian, or custodian of a child. (2) A person who acts with the permission of a child's parent, guardian, or custodian. (3) A person to whom a child makes a report of abuse or neglect. (4) A person to whom…

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…