Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 17. (a) Notwithstanding IC 1-1-5.5-21, this section applies to a person who: (1) commits an offense; or (2) is sentenced; before July 1, 2014. (b) This section does not apply to a credit restricted felon. (c) Except as provided in subsections (k) and (m), this section does n…

Sec. 18. (a) Except as provided in subsection (b), whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order: (1) that the person pay the entire amount at the time sent…

Sec. 2. (a) As used in this chapter, "victim representative" means a person designated by a sentencing court who is: (1) a spouse, parent, child, sibling, or other relative of; or (2) a person who has had a close personal relationship with; the victim of a felony who is deceased,…

Sec. 2.5. (a) As used in this section, "crime of deception" means any offense in which a person assumes the identity of another person, professes to be another person, uses the identifying information of another person, or falsely suggests that the person is acting with the autho…

Sec. 21. (a) A court that receives a petition from the department of correction under IC 35-38-3-5 may, after notice to the prosecuting attorney of the judicial circuit in which the defendant's case originated, hold a hearing for the purpose of determining whether the offender na…

Sec. 22. A court that imposes a sentence for conviction of a misdemeanor upon a person who is less than eighteen (18) years of age may enter an order requiring that the convicted person serve the sentence in a juvenile detention facility established under IC 31-31-8 (or IC 31-6-9…

Sec. 24. (a) This section applies to a person if the most serious offense for which the person is committed is a Class C or Class D felony (for a crime committed before July 1, 2014) or a Level 5 or Level 6 felony (for a crime committed after June 30, 2014). (b) Not later than fo…

Sec. 25. (a) This section applies to a person if the most serious offense for which the person is committed is murder, a Class A felony, or a Class B felony (for a crime committed before July 1, 2014), or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after…

Sec. 27. (a) If a court imposes a sentence that does not involve a commitment to the department of correction, the court shall require a person: (1) who is described in IC 10-13-6-10(a); and (2) who has not previously provided a DNA sample in accordance with IC 10-13-6; to provid…

Sec. 28. (a) Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualified to take fingerprints. The fingerprints may be recorded in any reliable manner, including …

Sec. 29. (a) This section applies only to a sexually violent predator, including a person who is a sexually violent predator by operation of law for committing an offense under IC 35-38-1-7.5(b). (b) If a court imposes a sentence on a person described in subsection (a) that does …

Sec. 3. Before sentencing a person for a felony, the court must conduct a hearing to consider the facts and circumstances relevant to sentencing. The person is entitled to subpoena and call witnesses and to present information in his own behalf. The court shall make a record of t…

Sec. 30. A sentencing court may require that, as a condition of a person's executed sentence, the person shall refrain from any direct or indirect contact with an individual. As added by P.L.104-2008, SEC.21.

Sec. 31. (a) If a court imposes on a person convicted of a felony a sentence that involves a commitment to the department of correction, the court shall complete an abstract of judgment in an electronic format approved by the department of correction and the office of judicial ad…

Sec. 32. A sentencing court shall inform a person who is convicted of or pleads guilty to the following offenses that the offense could qualify them as a habitual violator under IC 9-30-10: (1) Reckless homicide resulting from the operation of a motor vehicle. (2) Voluntary or in…

Sec. 33. (a) As used in this section, "offender" means an individual convicted of a sex offense. (b) As used in this section, "sex offense" has the meaning set forth in IC 11-8-8-5.2. (c) An offender may petition for waiver of the residency restriction described in IC 35-46-1-15.…

Sec. 4. (a) The defendant must be personally present at the time sentence is pronounced. If the defendant is not personally present when sentence is to be pronounced, the court may issue a warrant for his arrest. (b) Sentence may be pronounced against a defendant corporation in t…

Sec. 4.5. The court shall inform the victim at sentencing, if the victim is present, of the automated victim notification system established under IC 11-8-7-2. As added by P.L.57-2026, SEC.3.

Sec. 5. When the defendant appears for sentencing, the court shall inform the defendant of the verdict of the jury or the finding of the court. The court shall afford counsel for the defendant an opportunity to speak on behalf of the defendant. The defendant may also make a state…

Sec. 6. Whenever: (1) a defendant is charged with an offense and an included offense in separate counts; and (2) the defendant is found guilty of both counts; judgment and sentence may not be entered against the defendant for the included offense. As added by P.L.311-1983, SEC.3.…

Sec. 7.1. (a) In determining what sentence to impose for a crime, the court may consider the following aggravating circumstances: (1) The harm, injury, loss, or damage suffered by the victim of an offense was: (A) significant; and (B) greater than the elements necessary to prove …

Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted …

Sec. 7.7. (a) At the time of sentencing, a court shall determine whether a person has committed a crime of domestic violence (as defined in IC 35-31.5-2-78). (b) A determination under subsection (a) must be based upon: (1) evidence introduced at trial; or (2) a factual basis prov…

Sec. 7.8. (a) At the time of sentencing, a court shall determine whether a person is a credit restricted felon (as defined in IC 35-31.5-2-72). (b) A determination under subsection (a) must be based upon: (1) evidence admitted at trial that is relevant to the credit restricted st…

Sec. 8. (a) Except as provided in subsection (c), a defendant convicted of a felony may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Delay of sentence until a presentence report is prepared does no…

Sec. 8.5. (a) A probation officer who is conducting a presentence investigation shall send written notification of the following to each victim or each victim representative designated by the court under section 2(e) of this chapter: (1) The date, time, and place of the sentencin…

Sec. 9. (a) As used in this chapter, "recommendation" has the meaning set forth in IC 35-31.5-2-272, and "victim" has the meaning set forth in IC 35-31.5-2-348. (b) The presentence investigation consists of the gathering of information with respect to: (1) the circumstances atten…

Sec. 9.5. A probation officer shall obtain confidential information from the Indiana department of health under IC 16-41-8-1 to determine whether a convicted person was an individual with the human immunodeficiency virus (HIV) when the crime was committed if the person is: (1) co…

Sec. 1. The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result of criminal or delinquent acts. It is the intent of the general assembly to do the following: (1) Enact laws that define, implement, preserve, and protect t…

Sec. 0.1. The addition of section 5.5 of this chapter by P.L.80-2008 applies only to persons convicted after June 30, 2008. As added by P.L.220-2011, SEC.590. Amended by P.L.63-2012, SEC.44.

Sec. 1. (a) As used in this section, "Indiana" includes: (1) the area within the boundaries of the state of Indiana, as set forth in Article 14, Section 1 of the Constitution of the State of Indiana; (2) the portion of the Ohio River on which Indiana possesses concurrent jurisdic…

Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with: (1) IC 16-34; or (2) IC 35-1-58.5 (before its repeal). As added by P.L.261-1997, SEC.2.

Sec. 1. A person who: (1) knowingly or intentionally kills another human being; (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), ki…

Sec. 1.5. (a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of: (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug); (2) IC 35-48-4-1.1 (dealing in methamphetamine); (3) IC 35-48-4-1.2 (ma…

Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26; P.L.158-2013, SEC.411.

Sec. 2.5. (a) This section does not apply to the following: (1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of dea…

Sec. 3. (a) A person who knowingly or intentionally: (1) kills another human being; or (2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development; while acting under sudden heat commits voluntary manslaughter, a Level 2 felony. (b) The existe…

Sec. 4. (a) As used in this section, "fetus" means a fetus in any stage of development. (b) A person who kills another human being while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury; (2) a Class A misdem…

Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Level 5 felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6; P.L.158-2013, SEC.415.

Sec. 6. (a) This section does not apply to: (1) the pregnant mother whose pregnancy is terminated; (2) a person who in good faith provides medical treatment to a pregnant woman that results in the accidental or unintentional termination of the pregnancy; or (3) a physician licens…

Sec. 6.5. (a) The following sections of this chapter do not apply to an abortion performed in compliance with IC 16-34-2: (1) Section 1 (murder). (2) Section 3 (voluntary manslaughter). (3) Section 4 (involuntary manslaughter). (4) Section 6 (feticide). (b) The following sections…

Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages: (1) a dwelling of another person without the other person's consent; (2) property of any person under circumstances that endanger human life; (3) property of another …

Sec. 2. (a) The following definitions apply throughout this section: (1) "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel, whether or not it has a natural entrance. (2) "Critical infrastructure facility…

Sec. 5. (a) A person who, with the intent to cause serious bodily injury, tampers with a: (1) water supply; (2) water treatment plant (as defined in IC 13-11-2-264); or (3) water distribution system (as defined in IC 13-11-2-259); commits tampering with a water supply, a Level 4 …

Sec. 6. A person who knowingly or intentionally alters, without a permit, historic property located on property owned or leased by the state commits a Class B misdemeanor. As added by P.L.167-2011, SEC.30.

Sec. 7. A person who knowingly or intentionally and who without authorization: (1) modifies data, a computer program, or supporting documentation; (2) destroys data, a computer program, or supporting documentation; or (3) discloses or takes data, a computer program, or supporting…