Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 6. (a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next of kin or the parent, guardian, or custodian of the…

Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the reco…

Sec. 1. (a) If at any time before the final submission of any criminal case to the court or the jury trying the case, the court has reasonable grounds for believing that the defendant lacks the ability to understand the proceedings and assist in the preparation of a defense, the …

Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) the superintendent of the state institution (as defined in IC 12-7-2.1-318); or (2) if the division of mental health and addiction entere…

Sec. 3. (a) Within ninety (90) days after: (1) a defendant's admission to a state institution (as defined in IC 12-7-2.1-318); or (2) the initiation of competency restoration services to a defendant by a third party contractor; the superintendent of the state institution (as defi…

Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) has not attained that ability within six (6) months afte…

Sec. 1. (a) If a witness, in any hearing or trial occurring after an indictment or information has been filed, refuses to answer any question or produce any item, the court shall remove the jury, if one is present, and immediately conduct a hearing on the witness's refusal. After…

Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance …

Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in any crim…

Sec. 1. As used in this chapter: "Earliest possible release date" means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering: (1) the term of the sentence; (2) the term of any other concurrent or consec…

Sec. 2. (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court or through any electronic means approved by the department of correction, copies of the judgment of conviction and sentence to the receiving auth…

Sec. 3. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be committed to the department of correction. (b) Upon a request from the sheriff, the commissioner may agree to accept custody of a misdemeanant: (1) if placement in the county jail: (A…

Sec. 4. (a) The sheriff shall: (1) transport the convicted person to a receiving authority; (2) deliver the person to the receiving authority; (3) deliver a copy of the judgment of conviction and sentence; and (4) take from the receiving authority a receipt for the convicted pers…

Sec. 5. (a) The department, after diagnosis and classification, shall: (1) determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned; (2) for each offender convicted of a Class D felony (for a crime committed before July 1, 2014) …

Sec. 6. (a) The department shall: (1) classify all penal facilities and programs to which convicted persons may be assigned for supervision or custodial care according to: (A) maximum, medium, or minimum security function; and (B) treatment program available; and (2) furnish the …

Sec. 1. This article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana. As added by P.L.139-1999…

Sec. 2. This article may not be construed to imply that a victim who is confined by the department of correction or by any local law enforcement agency has a right to be released to attend a hearing or that the department of correction or the local law enforcement agency has a du…

Sec. 3. In cases involving a delinquent act, a reference in this article to: (1) a criminal court shall be treated as a reference to the juvenile court; and (2) a criminal proceeding or an action related to a criminal proceeding shall be treated as a reference to the equivalent p…

Sec. 1. A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.7.

Sec. 10. With respect to a charge under IC 35-41-2-4, IC 35-41-5-1, or IC 35-41-5-2, it is a defense that the person who engaged in the prohibited conduct voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission. As added by Acts 19…

Sec. 11. (a) As used in this section, "defendant" refers to an individual charged with any crime involving the use of force against a person. (b) This section applies under the following circumstances when the defendant in a prosecution raises the issue that the defendant was at …

Sec. 12. (a) It is a defense to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy. (b) Except as provided in subsection (c), it is a defense to any crime involvin…

Sec. 2. (a) In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individua…

Sec. 3. (a) The following definitions apply throughout this section: (1) "Chokehold" means applying pressure to the throat or neck of another person in a manner intended to obstruct the airway of the other person. (2) "Deadly force" includes a chokehold. (b) A person other than a…

Sec. 5. It is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body: (1) without his consent; or (2) when he did not know that the substance might cause…

Sec. 6. (a) A person is not responsible for having engaged in prohibited conduct if, as a result of mental disease or defect, he was unable to appreciate the wrongfulness of the conduct at the time of the offense. (b) As used in this section, "mental disease or defect" means a se…

Sec. 7. It is a defense that the person who engaged in the prohibited conduct was reasonably mistaken about a matter of fact, if the mistake negates the culpability required for commission of the offense. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.1…

Sec. 8. (a) It is a defense that the person who engaged in the prohibited conduct was compelled to do so by threat of imminent serious bodily injury to himself or another person. With respect to offenses other than felonies, it is a defense that the person who engaged in the proh…

Sec. 9. (a) It is a defense that: (1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and (2) the person was not predisposed to commit the offense…

Sec. 1. As used in this chapter, "confine" means to substantially interfere with the liberty of a person. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.33.

Sec. 2. (a) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping. Except as provided in subsection (b), the offense of kidnapping is a Level 6 felony. (b) The offense describe…

Sec. 3. (a) A person who knowingly or intentionally confines another person without the other person's consent commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Level 6 felony. (b) The offense of criminal confinement defi…

Sec. 4. (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally: (1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court; o…

Sec. 2. (a) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering, a Class B infraction. However, the offense is a Class A infraction if the refuse: (1) is placed or…

Sec. 3. A person who throws from a moving motor vehicle: (1) a lighted cigarette, cigar, or match; or (2) other burning material; commits a Class A infraction. As added by P.L.35-2002, SEC.1.

Sec. 4. A person who places or leaves refuse on the property of another person, with the intent to cause: (1) the owner or occupant of the property; (2) an invitee of the owner or occupant of the property; or (3) a family member or person closely associated with a person describe…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 12 of this chapter by P.L.7-2007 apply only to: (A) offenses; and (B) acts that would be a crime if committed by an adult; that are committed after June 30, 2007. (2) The amend…

Sec. 0.5. The following definitions apply throughout this chapter: (1) "Abandon" means to desert an animal or to leave the animal without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated…

Sec. 1. A person who knowingly or intentionally harbors a dog that is over the age of six (6) months and not immunized against rabies commits harboring a non-immunized dog, a Class C infraction. However, the offense is a Class B misdemeanor if the dog causes bodily injury by biti…

Sec. 10. A person who knowingly or intentionally attends a fighting contest involving animals commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Level 6 felony if the person has a prior unrelated…

Sec. 11. (a) A person who knowingly or intentionally: (1) strikes, torments, injures, or otherwise mistreats a law enforcement animal; or (2) interferes with the actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performa…

Sec. 11.3. (a) As used in this section, "search and rescue dog" means a dog that receives special training to locate or attempt to locate by air scent or ground or water tracking a person who is an offender or is lost, trapped, injured, or incapacitated. (b) A person who knowingl…

Sec. 11.5. (a) As used in this section, "service animal" means an animal that a person who is impaired by: (1) blindness or any other visual impairment; (2) deafness or any other aural impairment; (3) a physical disability; or (4) a medical condition; relies on for navigation, as…

Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if: (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal im…

Sec. 12.5. A person who knowingly or intentionally: (1) abuses; (2) abandons; (3) kills; or (4) neglects; a vertebrate animal with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member commits domestic violence animal cruelty, a Level 6 fel…

Sec. 13. (a) A person who knowingly or intentionally removes the vocal cords of a trained attack dog commits cruelty to an animal, a Class A misdemeanor. (b) It is a defense to a prosecution under this section that the accused person reasonably believes that the conduct was neces…