2021 Indiana Code
Title 35. Criminal Law and Procedure
Article 43. Offenses Against Property
Chapter 1. Arson, Mischief, and Tampering
35-43-1-3. Unlawful Acts Relating to Caves; Offense
Sec. 3. (a) As used in this section:
"Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel whether or not it has a natural entrance.
"Owner" means the person who holds title to or is in possession of the land on or under which a cave is located, or his lessee, or agent.
"Scientific purposes" means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and with the intent to publish the results of said exploration or research in an appropriate medium.
(b) A person who knowingly and without the express consent of the cave owner:
(1) disfigures, destroys, or removes any stalagmite, stalactite, or other naturally occurring mineral deposit or formation, or archeological or paleontological artifact in a cave, for other than scientific purposes;
(2) breaks any lock, gate, fence, or other structure designed to control or prevent access to a cave; or
(3) destroys, injures, removes, or harasses any cave-dwelling animal for other than scientific purposes;
commits a Class A misdemeanor.
(c) A person who knowingly and without the express consent of the cave owner deposits trash, rubbish, chemicals, or other litter in a cave commits a Class C infraction. However, the violation is a Class C misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
As added by P.L.177-1983, SEC.2. Amended by P.L.32-2019, SEC.27.
