2011 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 44. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 5. OFFENSES RELATING TO ILLEGAL ALIENS

IC 35-44-5
Chapter 5. Offenses Relating to Illegal Aliens

IC 35-44-5-1
Application
Sec. 1. This chapter does not apply to the following:
(1) A church or religious organization conducting activity that is protected by the First Amendment to the United States Constitution.
(2) The provision of assistance for health care items and services that are necessary for the treatment of an emergency medical condition of an individual.
(3) A health care provider (as defined in IC 16-18-2-163(a)) that is providing health care services.
(4) An attorney or other person that is providing legal services.
(5) A person who:
(A) is a spouse of an alien or who stands in relation of parent or child to an alien; and
(B) would otherwise commit an offense under this chapter with respect to the alien.
(6) A provider that:
(A) receives federal or state funding to provide services to victims of domestic violence, sexual assault, human trafficking, or stalking; and
(B) is providing the services described in clause (A).
(7) An employee of Indiana or a political subdivision (as defined in IC 36-1-2-13) if the employee is acting within the scope of the employee's employment.
(8) An employee of a school acting within the scope of the employee's employment.
As added by P.L.171-2011, SEC.24.

IC 35-44-5-2
"Alien"
Sec. 2. As used in this chapter, "alien" has the meaning set forth in 8 U.S.C. 1101(a).
As added by P.L.171-2011, SEC.24.

IC 35-44-5-3
Transporting an illegal alien
Sec. 3. (a) A person who knowingly or intentionally:
(1) transports; or
(2) moves;
an alien, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of the law commits transporting an illegal alien, a Class A misdemeanor.
(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony. As added by P.L.171-2011, SEC.24.

IC 35-44-5-4
Harboring an illegal alien; landlord exception
Sec. 4. (a) A person who knowingly or intentionally:
(1) conceals;
(2) harbors; or
(3) shields from detection;
an alien in any place, including a building or means of transportation, for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, commits harboring an illegal alien, a Class A misdemeanor.
(b) If a violation under this section involves more than nine (9) aliens, the violation is a Class D felony.
(c) A landlord that rents real property to a person who is an alien does not violate this section as a result of renting the property to the person.
As added by P.L.171-2011, SEC.24.

IC 35-44-5-5
Exception for transporting, moving, or caring for a child
Sec. 5. A person who transports, moves, or cares for a child (as defined in IC 35-47-10-3) who is an alien does not violate this chapter as a result of transporting, moving, or caring for the child.
As added by P.L.171-2011, SEC.24.

IC 35-44-5-6
Determination that alien is in the United States in violation of law
Sec. 6. A determination by the United States Department of Homeland Security that an alien has come to, entered, or remained in the United States in violation of law is evidence that the alien is in the United States in violation of law.
As added by P.L.171-2011, SEC.24.

IC 35-44-5-7
Impounding motor vehicles
Sec. 7. A law enforcement officer shall impound a motor vehicle, other than a motor vehicle used in public transportation and owned or operated by the state or a political subdivision, that is used to commit a violation of section 3 or 4 of this chapter.
As added by P.L.171-2011, SEC.24.