Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 1. This title shall be construed in accordance with its general purposes, to: (1) secure simplicity in procedure; (2) insure fairness of administration including the elimination of unjustifiable delay; (3) insure the effective apprehension and trial of persons accused of off…

to "community restitution or service" Sec. 2. The change of references in the Indiana Code from community service to community restitution or service by P.L.32-2000 shall not be construed to: (1) release a person from a court order issued before July 1, 2000, requiring the person…

As added by P.L.220-2011, SEC.583. Repealed by P.L.63-2012, SEC.41.

Sec. 1. (a) A law enforcement officer may arrest a person when the officer has: (1) a warrant commanding that the person be arrested; (2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony; (3) probable ca…

enforcement officers; confiscation of firearm, ammunition, or deadly weapon Sec. 1.5. (a) A law enforcement officer responding to the scene of an alleged crime involving domestic or family violence shall use all reasonable means to prevent further violence, including the followin…

Sec. 1.7. (a) A facility having custody of a person arrested for a crime of domestic violence (as described in IC 35-31.5-2-78) shall keep the person in custody for at least eight (8) hours from the time of the arrest. (b) A person described in subsection (a) may not be released …

Sec. 2. A judge may arrest, or order the arrest of a person in his presence, when he has probable cause to believe the person has committed a crime. As added by Acts 1981, P.L.298, SEC.2.

Sec. 3. A coroner has the authority to arrest any person when performing the duties of the sheriff under IC 36-2-14-4 and authority to arrest the sheriff under IC 36-2-14-5. As added by Acts 1981, P.L.298, SEC.2.

Sec. 4. (a) Any person may arrest any other person if: (1) the other person committed a felony in his presence; (2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or (3) a misdemeanor involving a breach of peace i…

Sec. 5. Arrest is the taking of a person into custody, that he may be held to answer for a crime. As added by P.L.320-1983, SEC.3.

Sec. 6. A law enforcement agency may use the following chart to determine the minimum number of hours that a person arrested for an alcohol-related offense should be detained before his release pending trial: BLOOD OR HOURS AFTER INITIAL READING BREATH IS TAKEN ALCOHOL LEVEL IN G…

Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information. (b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indict…

trial or of related offenses; requisites; orders Sec. 10. (a) When a defendant has been charged with two (2) or more offenses in two (2) or more indictments or informations and the offenses could be joined in the same indictment or information under section 9(a)(1) of this chapte…

Sec. 11. (a) Whenever two (2) or more offenses have been joined for trial in the same indictment or information solely on the ground that they are of the same or similar character, the defendant shall have a right to a severance of the offenses. In all other cases the court, upon…

Sec. 12. (a) A defendant's motion for severance of crimes or motion for a separate trial must be made before commencement of trial, except that the motion may be made before or at the close of all the evidence during trial if based upon a ground not previously known. The right to…

Sec. 13. (a) Upon motion of the prosecuting attorney, the court shall order the dismissal of the indictment or information. The motion may be made at any time before sentencing and may be made on the record or in writing. The motion shall state the reason for dismissal. (b) In an…

Sec. 14. In any indictment or information, an averment substantially in compliance with the provisions of this section shall be sufficient. (a) The age of the defendant or the victim need not be alleged, except where the age of the defendant or the victim is an essential element …

Sec. 15. (a) If the stated name of the defendant in the indictment or information is incorrect: (1) this defect shall not be a ground for dismissal of the indictment or information; and (2) any variance between the allegations and the proof of the defendant's name shall not be co…

Sec. 16. (a) In an indictment or information for perjury, it is necessary to set forth only: (1) the substance of the controversy or the matter in respect to which the alleged offense was committed; and (2) in what court or before whom the false statement was made. It is not nece…

by defendant immaterial Sec. 17. When an instrument which is the subject of an indictment or information for forgery has been destroyed, or is withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or infor…

Sec. 18. The indictment or information for an offense which was committed upon or in relation to any property belonging to partners, or to several joint owners, or property which, when the offense was committed, was in possession of a bailee or tenant, is sufficient if it alleges…

Sec. 19. The words used in an indictment or information shall be construed using their ordinary and common meaning, except words and phrases defined by law, which are to be construed according to their legal meaning. As added by Acts 1981, P.L.298, SEC.3.

Sec. 2. (a) The indictment or information shall be in writing and allege the commission of an offense by: (1) stating the title of the action and the name of the court in which the indictment or information is filed; (2) stating the name of the offense in the words of the statute…

false affirmation or verification Sec. 2.4. (a) If an indictment, information, pleading, motion, petition, probable cause affidavit, or other document is required to be verified or sworn under oath before it is submitted to the court in a criminal action, the document meets the r…

Sec. 2.5. If the penalty for an offense is, by the terms of the statute, increased because the person was previously convicted of the offense, the state may seek to have the person sentenced to receive the increased penalty by alleging, on a page separate from the rest of the cha…

Sec. 3. When an indictment or information which has been returned or presented to a court as authorized by law has become illegible or cannot be produced, the defendant may be tried using a copy certified by the clerk of the court. As added by Acts 1981, P.L.298, SEC.3.

disposition; effect of order Sec. 4. (a) The court may, upon motion of the defendant, dismiss the indictment or information upon any of the following grounds: (1) The indictment or information, or any count thereof, is defective under section 6 of this chapter. (2) Misjoinder of …

Sec. 5. (a) An indictment or information which charges the commission of an offense may not be dismissed but may be amended on motion by the prosecuting attorney at any time because of any immaterial defect, including: (1) any miswriting, misspelling, or grammatical error; (2) an…

Sec. 6. (a) An indictment or information is defective when: (1) it does not substantially conform to the requirements of section 2(a) of this chapter; (2) the allegations demonstrate that the court does not have jurisdiction of the offense charged; or (3) the statute defining the…

Sec. 7. An indictment shall be dismissed upon motion when the grand jury proceeding which resulted in the indictment was conducted in violation of IC 35-34-2. As added by Acts 1981, P.L.298, SEC.3. IC 35-34-1-8 Motion to dismiss by defendant; requisites; affidavits; documentary e…

Sec. 9. (a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated in a separate count, when the offenses: (1) are of the same or similar character, even if not part of a single scheme or plan; or (2) are based on the same conduct o…

Sec. 1. A plea of guilty, or guilty but mentally ill at the time of the crime, shall not be accepted from a defendant unrepresented by counsel who has not freely and knowingly waived his right to counsel. As added by Acts 1981, P.L.298, SEC.4.

Sec. 2. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant: (1) understands the nature of the charge against the defendant; (2) has been informed that by the defendant's plea the defenda…

Sec. 3. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the plea is voluntary. The court shall determine whether any promises, force, or threats were used to obtain the plea. (b) The court shall no…

Sec. 4. (a) A motion to withdraw a plea of not guilty for the purpose of entering a plea of guilty, or guilty but mentally ill at the time of the crime, may be made orally in open court and need not state any reason for the withdrawal of the plea. (b) After entry of a plea of gui…

Sec. 1. As used in this article: "Insanity" refers to the defense set out in IC 35-41-3-6. "Mentally ill" means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. The term includes hav…

Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases. (b) If a defendant is charged with: (1) murder or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, the jury shall consist of twelve (12) qualified jurors unless the defendant and prosecu…

Sec. 2. The defendant and prosecuting attorney, with the assent of the court, may submit the trial to the court. Unless a defendant waives the right to a jury trial under the Indiana Rules of Criminal Procedure, all other trials must be by jury. As added by Acts 1981, P.L.298, SE…

Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors. (b) In prosecutions for murder, where the death penalty is not sought, and Level 1, Level 2, Level 3, Level 4, or Level 5 felonies, the defenda…

Sec. 4. The prosecuting attorney shall have the same number of peremptory challenges as the defendant has in like cases. As added by Acts 1981, P.L.298, SEC.6.

Sec. 5. (a) The following are good causes for challenge to any person called as a juror in any criminal trial: (1) That the person was a member of the grand jury that found the indictment. (2) That the person has formed or expressed an opinion as to the guilt or innocence of the …

Sec. 6. All challenges for cause shall be made before the jury is sworn to try the cause, and shall be summarily tried by the court on the oath of the party challenged or other evidence. As added by Acts 1981, P.L.298, SEC.6.

As added by Acts 1981, P.L.298, SEC.6. Repealed by P.L.118-2007, SEC.38.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 7.1 of this chapter by P.L.280-2001 apply to all convictions for a crime entered after May 11, 2001. (2) Notwithstanding the amendments made to IC 10-13-6-10, IC 10-13-6-11, IC…

Sec. 1. (a) Except as provided in section 1.5 of this chapter, after a verdict, finding, or plea of guilty, if a new trial is not granted, the court shall enter a judgment of conviction. (b) When the court pronounces the sentence for murder or a Level 1 through Level 5 felony, th…

Sec. 1.5. (a) A court may enter judgment of conviction as a Level 6 felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor if the person fulfills certain conditions. A court may enter a judgment of conviction as a Level 6 …

Sec. 10. The court may order that the convicted person: (1) undergo a thorough physical or mental examination in a designated facility as part of the presentence investigation; and (2) remain in the facility for examination for not more than ninety (90) days. As added by P.L.311-…

immunodeficiency virus (HIV); counseling Sec. 10.6. (a) The Indiana department of health shall notify victims of an offense relating to a criminal sexual act or an offense relating to controlled substances if tests conducted under section 10.5 of this chapter or IC 16-41-8-5 conf…

As added by P.L.71-1998, SEC.4. Amended by P.L.125-2007, SEC.7. Repealed by P.L.125-2009, SEC.9.

Sec. 11. At any time before sentencing, the convicted person may file with the court a written memorandum setting forth any information he considers pertinent to the question of sentence. The convicted person may attach written statements by others in support of facts alleged in …