2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 40. Victim Rights
Chapter 5. Victim Rights
35-40-5-3. Right to confer with prosecuting attorney's office
Sec. 3. (a) This section applies if either of the following has occurred:
(1) The alleged felony or delinquent act that would have been a felony if committed by an adult was directly perpetrated against the victim.
(2) The alleged felony, misdemeanor, or delinquent act that would have been a felony or misdemeanor if committed by an adult was:
(A) a violation of IC 35-42-2 (offenses against the person), IC 35-45-2-1 (intimidation), IC 35-45-2-2 (harassment), IC 35-46-1-15.1 (invasion of privacy), IC 35-46-1-15.3, or IC 35-47-4-3 (pointing a firearm); and
(B) directly perpetrated against the victim by a person who:
(i) is or was a spouse of the victim;
(ii) is or was living as if a spouse of the victim; or
(iii) has a child in common with the victim.
(3) The alleged misdemeanor or delinquent act that would have been a misdemeanor if committed by an adult, other than a misdemeanor described in subdivision (2), was directly perpetrated against the victim, and the victim has complied with the notice requirements under IC 35-40-10.
(b) A victim has the right to confer with a representative of the prosecuting attorney's office:
(1) after a crime allegedly committed against the victim has been charged;
(2) before the trial of a crime allegedly committed against the victim; and
(3) before any disposition of a criminal case involving the victim.
This right does not include the authority to direct the prosecution of a criminal case involving the victim.
As added by P.L.139-1999, SEC.1. Amended by P.L.65-2016, SEC.30.
