2015 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 42. OFFENSES AGAINST THE PERSON CHAPTER 2. BATTERY AND RELATED OFFENSES
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IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-0.1
Repealed
(As added by P.L.220-2011, SEC.593. Repealed by P.L.63-2012,
SEC.47.)
IC 35-42-2-1
Battery
Sec. 1. (a) As used in this section, "public safety official" means:
(1) a law enforcement officer, including an alcoholic beverage
enforcement officer;
(2) an employee of a penal facility or a juvenile detention
facility (as defined in IC 31-9-2-71);
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider; or
(11) a judicial officer.
(b) Except as provided in subsections (c) through (j), a person who
knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner;
or
(2) in a rude, insolent, or angry manner places any bodily fluid
or waste on another person;
commits battery, a Class B misdemeanor.
(c) The offense described in subsection (b)(1) or (b)(2) is a Class
A misdemeanor if it results in bodily injury to any other person.
(d) The offense described in subsection (b)(1) or (b)(2) is a Level
6 felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other
person.
(2) The offense is committed against a public safety official
while the official is engaged in the official's official duty.
(3) The offense is committed against a person less than fourteen
(14) years of age and is committed by a person at least eighteen
(18) years of age.
(4) The offense is committed against a person of any age who
has a mental or physical disability and is committed by a person
having the care of the person with the mental or physical
disability, whether the care is assumed voluntarily or because of
a legal obligation.
(5) The offense is committed against an endangered adult (as
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defined in IC 12-10-3-2).
(6) The offense is committed against a family or household
member (as defined in IC 35-31.5-2-128) if the person who
committed the offense:
(A) is at least eighteen (18) years of age; and
(B) committed the offense in the physical presence of a child
less than sixteen (16) years of age, knowing that the child
was present and might be able to see or hear the offense.
(e) The offense described in subsection (b)(2) is a Level 6 felony
if the person knew or recklessly failed to know that the bodily fluid
or waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(f) The offense described in subsection (b)(1) or (b)(2) is a Level
5 felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another
person.
(2) The offense is committed with a deadly weapon.
(3) The offense results in bodily injury to a pregnant woman if
the person knew of the pregnancy.
(4) The person has a previous conviction for battery against the
same victim.
(5) The offense results in bodily injury to one (1) or more of the
following:
(A) A public safety official while the official is engaged in
the official's official duties.
(B) A person less than fourteen (14) years of age if the
offense is committed by a person at least eighteen (18) years
of age.
(C) A person who has a mental or physical disability if the
offense is committed by an individual having care of the
person with the disability, regardless of whether the care is
assumed voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(g) The offense described in subsection (b)(2) is a Level 5 felony
if:
(1) the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with
hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety
official.
(h) The offense described in subsection (b)(1) or (b)(2) is a Level
4 felony if it results in serious bodily injury to an endangered adult
(as defined in IC 12-10-3-2).
(i) The offense described in subsection (b)(1) or (b)(2) is a Level
3 felony if it results in serious bodily injury to a person less than
fourteen (14) years of age if the offense is committed by a person at
least eighteen (18) years of age.
(j) The offense described in subsection (b)(1) or (b)(2) is a Level
2 felony if it results in the death of one (1) or more of the following:
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(1) A person less than fourteen (14) years of age if the offense
is committed by a person at least eighteen (18) years of age.
(2) An endangered adult (as defined in IC 12-10-3-2).
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83,
SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1;
P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10;
P.L.59-1995, SEC.2; P.L.31-1996, SEC.20; P.L.32-1996, SEC.20;
P.L.255-1996, SEC.25; P.L.212-1997, SEC.1; P.L.37-1997, SEC.2;
P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1;
P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3;
P.L.2-2005, SEC.125; P.L.99-2007, SEC.209; P.L.164-2007, SEC.1;
P.L.120-2008, SEC.93; P.L.131-2009, SEC.73; P.L.114-2012,
SEC.137; P.L.158-2013, SEC.420; P.L.147-2014, SEC.2.
IC 35-42-2-1.3
Domestic battery
Sec. 1.3. (a) A person who knowingly or intentionally touches an
individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided
in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the
person described in subdivision (1), (2), or (3) commits domestic
battery, a Class A misdemeanor.
(b) However, the offense under subsection (a) is a Level 6 felony
if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before that
provision was removed by P.L.188-1999, SECTION 5); or
(B) in any other jurisdiction, including a military court, in
which the elements of the crime for which the conviction
was entered are substantially similar to the elements
described in this section; or
(2) committed the offense in the physical presence of a child
less than sixteen (16) years of age, knowing that the child was
present and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of
another individual for purposes of subsection (a)(2), the court shall
review:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks
directed toward maintaining a common household; and
(6) other factors the court considers relevant.
As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3;
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P.L.221-2003, SEC.18; P.L.129-2006, SEC.1; P.L.6-2012, SEC.225;
P.L.158-2013, SEC.421.
IC 35-42-2-1.5
Aggravated battery
Sec. 1.5. A person who knowingly or intentionally inflicts injury
on a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily
member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Level 3 felony. However, the offense
is a Level 1 felony if it results in the death of a child less than
fourteen (14) years of age and is committed by a person at least
eighteen (18) years of age.
As added by P.L.213-1991, SEC.2. Amended by P.L.261-1997,
SEC.6; P.L.158-2013, SEC.422.
IC 35-42-2-2
Criminal recklessness; element of hazing; liability barred for good
faith report or judicial participation
Sec. 2. (a) A person who recklessly, knowingly, or intentionally
performs an act that creates a substantial risk of bodily injury to
another person commits criminal recklessness. Except as provided in
subsection (b), criminal recklessness is a Class B misdemeanor.
(b) The offense of criminal recklessness as defined in subsection
(a) is:
(1) a Level 6 felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in serious bodily injury to another
person; or
(2) a Level 5 felony if:
(A) it is committed by shooting a firearm into an inhabited
dwelling or other building or place where people are likely
to gather; or
(B) the person committed aggressive driving (as defined in
IC 9-21-8-55) that results in the death of another person.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1;
P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3;
P.L.158-2013, SEC.423.
IC 35-42-2-2.5
Hazing; good faith reporting
Sec. 2.5. (a) As used in this section, "hazing" means forcing or
requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
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to perform an act that creates a substantial risk of bodily injury.
(b) A person who knowingly or intentionally performs hazing
commits a Class B misdemeanor. However, the offense is a Level 6
felony if it results in serious bodily injury to another person, and a
Level 5 felony if it is committed by means of a deadly weapon.
(c) A person, other than a person who has committed an offense
under this section or a delinquent act that would be an offense under
this section if the violator were an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might
otherwise be imposed because of the report or participation.
(d) A person described in subsection (c)(1) or (c)(2) is presumed
to act in good faith.
(e) A person described in subsection (c)(1) or (c)(2) may not be
treated as acting in bad faith solely because the person did not have
probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section
if the offender were an adult.
As added by P.L.158-2013, SEC.424.
IC 35-42-2-3
Provocation
Sec. 3. A person who recklessly, knowingly, or intentionally
engages in conduct that is likely to provoke a reasonable person to
commit battery commits provocation, a Class C infraction.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.32; P.L.158-2013, SEC.425.
IC 35-42-2-4
Repealed
(As added by P.L.92-1988, SEC.7. Repealed by P.L.158-2013,
SEC.426.)
IC 35-42-2-5
Overpass mischief
Sec. 5. (a) As used in this section, "overpass" means a bridge or
other structure designed to carry vehicular or pedestrian traffic over
any roadway, railroad track, or waterway.
(b) A person who knowingly, intentionally, or recklessly:
(1) drops, causes to drop, or throws an object from an overpass;
or
(2) with intent that the object fall, places on an overpass an
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object that falls off the overpass;
causing bodily injury to another person commits overpass mischief,
a Level 5 felony. However, the offense is a Level 4 felony if it results
in serious bodily injury to another person.
As added by P.L.297-1995, SEC.1. Amended by P.L.158-2013,
SEC.427.
IC 35-42-2-5.5
Repealed
(As added by P.L.259-1999, SEC.2. Repealed by P.L.158-2013,
SEC.428.)
IC 35-42-2-6
Repealed
(As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002,
SEC.1; P.L.85-2004, SEC.53; P.L.178-2007, SEC.3; P.L.131-2009,
SEC.74; P.L.77-2012, SEC.62. Repealed by P.L.158-2013, SEC.429.)
IC 35-42-2-7
Repealed
(As added by P.L.181-1997, SEC.3. Amended by P.L.166-1999,
SEC.2. Repealed by P.L.158-2013, SEC.430.)
IC 35-42-2-8
Repealed
(As added by P.L.154-2001, SEC.1. Repealed by P.L.158-2013,
SEC.431.)
IC 35-42-2-9
Strangulation
Sec. 9. (a) This section does not apply to a medical procedure.
(b) A person who, in a rude, angry, or insolent manner, knowingly
or intentionally:
(1) applies pressure to the throat or neck of another person; or
(2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood
circulation of the other person commits strangulation, a Level 6
felony.
As added by P.L.129-2006, SEC.2. Amended by P.L.158-2013,
SEC.432.
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