Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 79. "Crime of violence", for purposes of IC 35-50-1-2, has the meaning set forth in IC 35-50-1-2(a). As added by P.L.114-2012, SEC.67.

Sec. 79.5. "Critical infrastructure facility", for purposes of IC 35-43-4-2 and IC 35-46-10, has the meaning set forth in IC 35-46-10-1(a). As added by P.L.276-2019, SEC.2.

Sec. 79.7. "Critical infrastructure utility", for purposes of IC 35-46-10, has the meaning set forth in IC 35-46-10-1(b). As added by P.L.276-2019, SEC.3.

Sec. 8. "Adult", for purposes of IC 35-47-10, has the meaning set forth in IC 35-47-10-2. As added by P.L.114-2012, SEC.67.

Sec. 80. "Custodian", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7. As added by P.L.114-2012, SEC.67. Amended by P.L.133-2023, SEC.2.

Sec. 81. "Customer", for purposes of IC 35-43-5, has the meaning set forth in IC 35-43-5-1(f). As added by P.L.114-2012, SEC.67.

Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5, IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in IC 35-47-14-1. As added by P.L.289-2019, SEC.2.

Sec. 82. "Dangerous device", for purposes of IC 35-47-6-1.1, has the meaning set forth in IC 35-47-6-1.1(a). As added by P.L.114-2012, SEC.67.

Sec. 83. "Dangerous gas", for purposes of section 31 of this chapter, means a toxic chemical or its precursors that through chemical action or properties on life processes cause death or permanent injury to human beings. The term does not include the following: (1) Riot control a…

As added by P.L.187-2015, SEC.44. Repealed by P.L.190-2021, SEC.8.

Sec. 84. "Data", for purposes of this chapter and IC 35-43-1-7, means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions that may be: (1) in any form; (2) in storage media or stored in the memory of a computer; or (3…

Sec. 85. "Deadly force" means force that creates a substantial risk of serious bodily injury. As added by P.L.114-2012, SEC.67.

Sec. 86. (a) Except as provided in subsection (b), "deadly weapon" means the following: (1) A loaded or unloaded firearm. (2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical subst…

Sec. 87. (a) "Dealer", for purposes of IC 35-43-4-2.3, has the meaning set forth in IC 35-43-4-2.3(a). (b) "Dealer", for purposes of IC 35-47, has the meaning set forth in IC 35-47-1-3. (c) "Dealer", for purposes of IC 35-47-2.5, includes any person licensed under 18 U.S.C. 923, …

Sec. 87.1. "Defendant", for purposes of IC 35-40-5-11.5, has the meaning set forth in IC 35-40-5-11.5. As added by P.L.62-2020, SEC.3.

As added by P.L.13-2013, SEC.98. Repealed by P.L.62-2020, SEC.4.

Sec. 88. "Delinquent act", for purposes of IC 35-40, has the meaning set forth in IC 35-40-4-4. As added by P.L.114-2012, SEC.67.

Sec. 89. "Delivery", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-11. As added by P.L.114-2012, SEC.67.

Sec. 9. "Adult employee" means an employee who is at least eighteen (18) years of age. As added by P.L.114-2012, SEC.67.

Sec. 9.5. "Adulterant", for purposes of IC 35-43-5, has the meaning set forth in IC 35-43-5-19.5(a). As added by P.L.134-2017, SEC.1.

Sec. 90. (a) "Dependent", for purposes of IC 35-44.1-1-4, has the meaning set forth in IC 35-44.1-1-4(a)(1). (b) "Dependent", for purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1. As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.99.

Sec. 90.5. "Deposition", for purposes of IC 35-40-5-11.5, has the meaning set forth in IC 35-40-5-11.5. As added by P.L.62-2020, SEC.5.

Sec. 91. "Designated offense", for purposes of IC 35-33.5, means the following: (1) A Class A, Class B, or Class C felony, for a crime committed before July 1, 2014, or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, for a crime committed after June 30, 2014, that is a c…

Sec. 92. "Destructive device" has the meaning set forth in IC 35-47.5-2-4. As added by P.L.114-2012, SEC.67.

Sec. 93. "Detonator", for purposes of IC 35-47.5, has the meaning set forth in IC 35-47.5-2-5. As added by P.L.114-2012, SEC.67.

As added by P.L.114-2012, SEC.67. Repealed by P.L.158-2013, SEC.366.

Sec. 95. "Dispatched firefighter", for purposes of IC 35-44.1-4, has the meaning set forth in IC 35-44.1-4-1. As added by P.L.114-2012, SEC.67. Amended by P.L.13-2013, SEC.100.

Sec. 96. "Dispense", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-12. As added by P.L.114-2012, SEC.67. Amended by P.L.51-2019, SEC.13.

Sec. 97. "Dispenser", for purposes of IC 35-48, has the meaning set forth in IC 35-48-1-13. As added by P.L.114-2012, SEC.67.

Sec. 98. "Disseminate", for purposes of IC 35-42-4-4, has the meaning set forth in IC 35-42-4-4(a). As added by P.L.114-2012, SEC.67.

Sec. 99. "Dissolvable tobacco product", for purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1.3. As added by P.L.114-2012, SEC.67.

prosecuting attorney; coapplicant; interception equipment under control of state police; reimbursement to state police Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney is unavailable, a chief deputy prosecuting attorney specifically authorized by the prosecuting…

affidavits Sec. 3. (a) Allegations of fact in an application for a warrant submitted under this chapter may be based either upon the personal knowledge of the applicant or upon information and belief. (b) If the applicant personally knows the facts alleged, the applicant shall st…

for recording and transcription Sec. 3.5. (a) A court may issue a warrant without the affidavit required under section 2 of this chapter, if the court receives sworn testimony of the same facts required for an affidavit: (1) in a nonadversarial, recorded hearing before the judge;…

granted; reports on arrests or convictions Sec. 4. (a) Not later than December 31 of each year, a prosecuting attorney who during that year: (1) has received a warrant or an extension; or (2) represents a county in which an arrest or a conviction has occurred as the result of the…

administration on termination and denials Sec. 5. Within twenty-eight (28) days after the termination of a warrant or an extension, or the denial of an application for a warrant or an extension, the court to which application for the warrant or an extension was made shall submit …

Sec. 1. The rights provided to victims under this article attach whenever a victim is subject to: (1) a forensic medical exam; or (2) an interview by a law enforcement officer; in relation to injuries, trauma, or an investigation resulting from an alleged sexual assault. As added…

Sec. 2. A victim continuously retains all the rights under this article regardless of whether the victim: (1) agrees to participate in any civil or criminal proceeding related to the alleged sexual assault; or (2) consents to a forensic medical exam to collect forensic evidence r…

this state Sec. 1. Any member of a duly organized state, county or municipal peace unit of another state who enters this state in fresh pursuit, and continues within this state in such fresh pursuit of a person in order to arrest him on ground that he is believed to have committe…

discharge Sec. 2. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this chapter, he shall, without unnecessary delay, take the person arrested before a judge of the county in which the arrest was made. The judge s…

Sec. 3. Section 1 of this chapter shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful. As added by Acts 1981, P.L.298, SEC.2.

Sec. 4. For the purpose of this chapter, the word "state" shall include the District of Columbia. As added by Acts 1981, P.L.298, SEC.2.

Sec. 5. The term "fresh pursuit" as used in this chapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony. It shall also include the pursuit of a perso…

Sec. 6. It shall be the duty of the secretary of state to certify a copy of this chapter to the executive department of each of the states of the United States. As added by Acts 1981, P.L.298, SEC.2.

Sec. 7. This chapter may be cited as the uniform act on fresh pursuit. As added by Acts 1981, P.L.298, SEC.2.

As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.27; P.L.320-1983, SEC.18; P.L.71-2005, SEC.1. Repealed by P.L.114-2012, SEC.74.

Sec. 2. (a) In making a recommendation on a felony charge, a prosecuting attorney must: (1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation; (2) inform the victim of the contents of the recommendation before it …

Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except: (1) in writing; and (2) before the defendant enters a plea of guilty. The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney…

Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court. As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-19…

Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that he has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the r…