Title 35, CRIMINAL LAW AND PROCEDURE

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…

Sec. 1.2. (a) A person who knowingly or intentionally manufactures or finances the manufacture of methamphetamine, pure or adulterated, commits manufacturing methamphetamine, a Level 4 felony, except as provided in subsections (b) and (c). (b) The offense is a Level 3 felony if: …

Sec. 1.5. A practitioner (as defined by IC 16-42-19-5) who knowingly or intentionally prescribes a schedule I, II, III, IV, or V controlled substance without a legitimate medical purpose commits dealing in a controlled substance by a practitioner, a Level 4 felony. However, the o…

Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, hashish, or salvia, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) financ…

Sec. 10.1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; (D) finances the delivery of; or (E) possesses; smokable hemp; or (2) possesses smokable hemp with intent to: (A) manufacture; (B) finance the manufacture…

Sec. 11. (a) A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia; (2) knowingly or intentionally grows or cultivates marijuana; or (3) knowing that marijuana is growing on the person's premises, fails to destroy the…

Sec. 12. If a person who has no prior conviction of an offense under this article relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or smokable hemp as a misdemeanor, the court, without entering a judgment of conviction and with the cons…

Sec. 12.5. (a) This section applies to a person: (1) charged with or convicted of a violation of section 6 of this chapter based on the possession of a narcotic drug classified in schedule I or II; and (2) who was administered an overdose intervention drug (as defined in IC 16-18…

Sec. 14. (a) A person who: (1) is subject to IC 35-48-3 and who recklessly, knowingly, or intentionally distributes or dispenses a controlled substance in violation of IC 35-48-3; (2) is a registrant and who recklessly, knowingly, or intentionally: (A) manufactures; or (B) financ…

Sec. 14.3. (a) The board shall adopt a rule under IC 4-22-2 to declare that a product is an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine. (b) The board, in consultation with the state police, shall find that a product is an extraction resist…

Sec. 14.5. (a) As used in this section, "chemical reagents or precursors" refers to one (1) or more of the following: (1) Ephedrine. (2) Pseudoephedrine. (3) Phenylpropanolamine. (4) The salts, isomers, and salts of isomers of a substance identified in subdivisions (1) through (3…

Sec. 14.7. (a) This section does not apply to the following: (1) Ephedrine or pseudoephedrine dispensed pursuant to a prescription. Nothing in this section prohibits a person who is denied the sale of a nonprescription product containing pseudoephedrine or ephedrine from obtainin…

Sec. 16. (a) For an offense under this chapter that requires proof of: (1) delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; (2) financing the delivery of cocaine, a narcotic drug, methamphetamine, or a controlled substance; or (3) possession of co…

Sec. 17. (a) In addition to any other penalty imposed for conviction of an offense under this chapter involving the manufacture or intent to manufacture methamphetamine, a court shall order restitution under IC 35-50-5-3 to cover the costs, if necessary, of an environmental clean…

Sec. 18. (a) A person who knowingly or intentionally possesses xylazine commits possession of xylazine, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section. (b) A person who: (1) knowingly or intentiona…

Sec. 2. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance or controlled substance analog, pure or adulterated, classified in schedule I, except marijuana, hash…

Sec. 3. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance or controlled substance analog, pure or adulterated, classified in schedule IV; or (2) possesses, wit…

Sec. 4. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance or controlled substance analog, pure or adulterated, classified in schedule V; or (2) possesses, with…

Sec. 4.1. (a) A person who dumps, discharges, discards, transports, or otherwise disposes of: (1) chemicals, knowing the chemicals were used in the illegal manufacture of a controlled substance or an immediate precursor; or (2) waste, knowing that the waste was produced from the …