CHAPTER 1. JURISDICTION AND DEFINITIONS
IC 35-41
ARTICLE 41. SUBSTANTIVE CRIMINAL
PROVISIONS
IC 35-41-1
Chapter 1. Jurisdiction and Definitions
IC 35-41-1-1
Jurisdiction
Sec. 1. (a) As used in this section, "Indiana" includes:
(1) the area within the boundaries of the state of Indiana, as set
forth in Article 14, Section 1 of the Constitution of the State of
Indiana;
(2) the portion of the Ohio River on which Indiana possesses
concurrent jurisdiction with the state of Kentucky under Article
14, Section 2 of the Constitution of the State of Indiana; and
(3) the portion of the Wabash River on which Indiana possesses
concurrent jurisdiction with the state of Illinois under Article
14, Section 2 of the Constitution of the State of Indiana.
(b) A person may be convicted under Indiana law of an offense if:
(1) either the conduct that is an element of the offense, the
result that is an element, or both, occur in Indiana;
(2) conduct occurring outside Indiana is sufficient under
Indiana law to constitute an attempt to commit an offense in
Indiana;
(3) conduct occurring outside Indiana is sufficient under
Indiana law to constitute a conspiracy to commit an offense in
Indiana, and an overt act in furtherance of the conspiracy occurs
in Indiana;
(4) conduct occurring in Indiana establishes complicity in the
commission of, or an attempt or conspiracy to commit, an
offense in another jurisdiction that also is an offense under
Indiana law;
(5) the offense consists of the omission to perform a duty
imposed by Indiana law with respect to domicile, residence, or
a relationship to a person, thing, or transaction in Indiana;
(6) conduct that is an element of the offense or the result of
conduct that is an element of the offense, or both, involve the
use of the Internet or another computer network (as defined in
IC 35-43-2-3) and access to the Internet or other computer
network occurs in Indiana; or
(7) conduct:
(A) involves the use of:
(i) the Internet or another computer network (as defined in
IC 35-43-2-3); or
(ii) another form of electronic communication;
(B) occurs outside Indiana and the victim of the offense
resides in Indiana at the time of the offense; and
(C) is sufficient under Indiana law to constitute an offense
in Indiana.
(c) When the offense is homicide, either the death of the victim or
bodily impact causing death constitutes a result under subsection
(b)(1). If the body of a homicide victim is found in Indiana, it is
presumed that the result occurred in Indiana.
(d) If the offense is identity deception or synthetic identity
deception, the lack of the victim's consent constitutes conduct that is
an element of the offense under subsection (b)(1). If a victim of
identity deception or synthetic identity deception resides in Indiana
when a person knowingly or intentionally obtains, possesses,
transfers, or uses the victim's identifying information, it is presumed
that the conduct that is the lack of the victim's consent occurred in
Indiana.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.1; P.L.295-1995, SEC.1; P.L.115-2005, SEC.3;
P.L.125-2006, SEC.8; P.L.137-2009, SEC.12.
IC 35-41-1-2
Repealed
(Repealed by P.L.311-1983, SEC.49.)
IC 35-41-1-3
Application of definitions in chapter
Sec. 3. The definitions in this chapter apply throughout this title
and to all other statutes relating to penal offenses.
As added by P.L.311-1983, SEC.4.
IC 35-41-1-3.1
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 35-41-1-3.2
"Agency" defined
Sec. 3.2. (a) "Agency" means any authority, board, bureau,
commission, committee, department, division, hospital, military
body, or other instrumentality of:
(1) the state, a county, a township, a city, a town, a separate
municipal corporation, a special taxing district, or a public
corporation; or
(2) a state-assisted college or state-assisted university.
(b) The term does not include any part of the legislative
department or the judicial department of state government.
As added by P.L.13-1987, SEC.13.
IC 35-41-1-3.3
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 35-41-1-3.4
"Apartment complex" defined
Sec. 3.4. "Apartment complex" means real property consisting of
at least five (5) units that are regularly used to rent or otherwise
furnish residential accommodations for periods of at least thirty (30)
days.
As added by P.L.1-2010, SEC.143.
IC 35-41-1-4
"Bodily injury" defined
Sec. 4. "Bodily injury" means any impairment of physical
condition, including physical pain.
As added by P.L.311-1983, SEC.5.
IC 35-41-1-4.3
"Bomb" defined
Sec. 4.3. (a) "Bomb" means an explosive or incendiary device
designed to release:
(1) destructive materials or force; or
(2) dangerous gases;
that is detonated by impact, proximity to an object, a timing
mechanism, a chemical reaction, ignition, or other predetermined
means.
(b) The term does not include the following:
(1) A firearm (as defined in IC 35-47-1-5) or the ammunition or
components for handloading ammunition for a firearm.
(2) Fireworks regulated under IC 22-11-14.
(3) Boating, railroad, and other safety flares.
(4) Propellants used in model rockets or similar hobby
activities.
(5) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational, or
cultural purposes in antique firearms or antique devices.
As added by P.L.104-2000, SEC.1.
IC 35-41-1-4.4
"Community transition program" defined
Sec. 4.4. "Community transition program" has the meaning set
forth in IC 11-8-1-5.5.
As added by P.L.273-1999, SEC.213.
IC 35-41-1-4.5
Repealed
(Repealed by P.L.9-1990, SEC.17.)
IC 35-41-1-4.6
"Community restitution or service" defined
Sec. 4.6. "Community restitution or service" means performance
of services directly for a:
(1) victim;
(2) nonprofit entity; or
(3) governmental entity;
without compensation, including graffiti abatement, park
maintenance, and other community service activities. The term does
not include the reimbursement under IC 35-50-5-3 or another law of
damages or expenses incurred by a victim or another person as the
result of a violation of law.
As added by P.L.32-2000, SEC.25.
IC 35-41-1-4.7
"Community policing volunteer" defined
Sec. 4.7. "Community policing volunteer" means a person who is:
(1) not a law enforcement officer; and
(2) actively participating in a plan, system, or strategy:
(A) established by and conducted under the authority of a
law enforcement agency; and
(B) in which citizens:
(i) participate with and are guided by the law enforcement
agency; and
(ii) work with members of the law enforcement agency to
reduce or prevent crime within a defined geographic area.
As added by P.L.175-2003, SEC.1.
IC 35-41-1-5
"Credit institution" defined
Sec. 5. "Credit institution" means a bank, insurance company,
credit union, savings association, investment trust, industrial loan
and investment company, or other organization held out to the public
as a place of deposit of funds or a medium of savings or collective
investment.
As added by P.L.311-1983, SEC.6. Amended by P.L.79-1998,
SEC.104.
IC 35-41-1-5.5
"Credit restricted felon" defined
Sec. 5.5. "Credit restricted felon" means a person who has been
convicted of at least one (1) of the following offenses:
(1) Child molesting involving sexual intercourse or deviate
sexual conduct (IC 35-42-4-3(a)), if:
(A) the offense is committed by a person at least twenty-one
(21) years of age; and
(B) the victim is less than twelve (12) years of age.
(2) Child molesting (IC 35-42-4-3) resulting in serious bodily
injury or death.
(3) Murder (IC 35-42-1-1), if:
(A) the person killed the victim while committing or
attempting to commit child molesting (IC 35-42-4-3);
(B) the victim was the victim of a sex crime under
IC 35-42-4 for which the person was convicted; or
(C) the victim of the murder was listed by the state or known
by the person to be a witness against the person in a
prosecution for a sex crime under IC 35-42-4 and the person
committed the murder with the intent to prevent the person
from testifying.
As added by P.L.80-2008, SEC.1.
IC 35-41-1-6
"Crime" defined
Sec. 6. "Crime" means a felony or a misdemeanor.
As added by P.L.311-1983, SEC.7.
IC 35-41-1-6.3
"Crime of domestic violence" defined
Sec. 6.3. "Crime of domestic violence," for purposes of IC 5-2-6.1
and IC 35-47-4-7, means an offense or the attempt to commit an
offense that:
(1) has as an element the:
(A) use of physical force; or
(B) threatened use of a deadly weapon; and
(2) is committed against a:
(A) current or former spouse, parent, or guardian of the
defendant;
(B) person with whom the defendant shared a child in
common;
(C) person who was cohabiting with or had cohabited with
the defendant as a spouse, parent, or guardian; or
(D) person who was or had been similarly situated to a
spouse, parent, or guardian of the defendant.
As added by P.L.195-2003, SEC.5. Amended by P.L.98-2004,
SEC.154; P.L.121-2006, SEC.29; P.L.118-2007, SEC.33.
IC 35-41-1-6.5
"Crime involving domestic or family violence" defined
Sec. 6.5. "Crime involving domestic or family violence" means a
crime that occurs when a family or household member commits,
attempts to commit, or conspires to commit any of the following
against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) Human and sexual trafficking crimes under IC 35-42-3.5.
(5) A sex offense under IC 35-42-4.
(6) Robbery under IC 35-42-5.
(7) Arson or mischief under IC 35-43-1.
(8) Burglary or trespass under IC 35-43-2.
(9) Disorderly conduct under IC 35-45-1.
(10) Intimidation or harassment under IC 35-45-2.
(11) Voyeurism under IC 35-45-4.
(12) Stalking under IC 35-45-10.
(13) An offense against family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(14) A crime involving animal cruelty and a family or
household member under IC 35-46-3-12(b)(2) or
IC 35-46-3-12.5.
As added by P.L.133-2002, SEC.62. Amended by P.L.173-2006,
SEC.50; P.L.171-2007, SEC.4; P.L.111-2009, SEC.9.
IC 35-41-1-6.6
"Dangerous gas" defined
Sec. 6.6. "Dangerous gas", for purposes of IC 35-41-1-4.3, means
a toxic chemical or its precursors that through chemical action or
properties on life processes cause death or permanent injury to
human beings. The term does not include the following:
(1) Riot control agents, smoke, and obscuration materials or
medical products that are manufactured, possessed, transported,
or used in accordance with the laws of the United States and of
this state.
(2) Tear gas devices designed to be carried on or about the
person that contain not more than one-half (1/2) ounce of the
chemical.
As added by P.L.104-2000, SEC.2.
IC 35-41-1-7
"Deadly force" defined
Sec. 7. "Deadly force" means force that creates a substantial risk
of serious bodily injury.
As added by P.L.311-1983, SEC.8.
IC 35-41-1-8
"Deadly weapon" defined
Sec. 8. (a) Except as provided in subsection (b), "deadly weapon"
means the following:
(1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in
IC 35-47-8-3) or electronic stun weapon (as defined in
IC 35-47-8-1), equipment, chemical substance, or other material
that in the manner it is used, or could ordinarily be used, or is
intended to be used, is readily capable of causing serious bodily
injury.
(3) An animal (as defined in IC 35-46-3-3) that is:
(A) readily capable of causing serious bodily injury; and
(B) used in the commission or attempted commission of a
crime.
(4) A biological disease, virus, or organism that is capable of
causing serious bodily injury.
(b) The term does not include:
(1) a taser (as defined in IC 35-47-8-3);
(2) an electronic stun weapon (as defined in IC 35-47-8-1);
(3) a chemical designed to temporarily incapacitate a person; or
(4) another device designed to temporarily incapacitate a
person;
if the device described in subdivisions (1) through (4) is used by a
law enforcement officer who has been trained in the use of the device
and who uses the device in accordance with the law enforcement
officer's training and while lawfully engaged in the execution of
official duties.
As added by P.L.311-1983, SEC.9. Amended by P.L.318-1985,
SEC.1; P.L.140-1994, SEC.4; P.L.156-2001, SEC.8; P.L.123-2002,
SEC.33; P.L.143-2006, SEC.1.
IC 35-41-1-8.5
"Destructive device" defined
Sec. 8.5. "Destructive device" has the meaning set forth in
IC 35-47.5-2-4.
As added by P.L.123-2002, SEC.34.
IC 35-41-1-9
"Deviate sexual conduct" defined
Sec. 9. "Deviate sexual conduct" means an act involving:
(1) a sex organ of one person and the mouth or anus of another
person; or
(2) the penetration of the sex organ or anus of a person by an
object.
As added by P.L.311-1983, SEC.10. Amended by P.L.183-1984,
SEC.1.
IC 35-41-1-10
"Dwelling" defined
Sec. 10. "Dwelling" means a building, structure, or other enclosed
space, permanent or temporary, movable or fixed, that is a person's
home or place of lodging.
As added by P.L.311-1983, SEC.11.
IC 35-41-1-10.3
"Effects of battery" defined
Sec. 10.3. "The effects of battery" refers to a psychological
condition of an individual who has suffered repeated physical or
sexual abuse inflicted by another individual who is the:
(1) victim of an alleged crime for which the abused individual
is charged in a pending prosecution; and
(2) abused individual's:
(A) spouse or former spouse;
(B) parent;
(C) guardian or former guardian;
(D) custodian or former custodian; or
(E) cohabitant or former cohabitant.
As added by P.L.1-2010, SEC.144.
IC 35-41-1-10.5
"Family housing complex" defined
Sec. 10.5. "Family housing complex" means a building or series
of buildings:
(1) that contains at least twelve (12) dwelling units:
(A) where children are domiciled or are likely to be
domiciled; and
(B) that are owned by a governmental unit or political
subdivision;
(2) that is operated as a hotel or motel (as described in
IC 22-11-18-1);
(3) that is operated as an apartment complex; or
(4) that contains subsidized housing.
As added by P.L.65-1996, SEC.10. Amended by P.L.216-1996,
SEC.16; P.L.26-2006, SEC.1; P.L.146-2008, SEC.682.
IC 35-41-1-10.6
"Family or household member" of another person defined
Sec. 10.6. (a) An individual is a "family or household member" of
another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is or was engaged in a sexual relationship with the other
person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
(a)(6), or (a)(7) applies if the individual is a minor child of one (1)
of the persons.
As added by P.L.1-2003, SEC.92 and P.L.221-2003, SEC.17.
IC 35-41-1-10.7
Repealed
(Repealed by P.L.1-2003, SEC.106.)
IC 35-41-1-10.8
"Food processing facility" defined
Sec. 10.8. "Food processing facility" means a facility used to
prepare or process animal, plant, or other food ingredients into food
products intended for sale or distribution to the general public for
human consumption.
As added by P.L.1-2003, SEC.93.
IC 35-41-1-11
"Forcible felony" defined
Sec. 11. "Forcible felony" means a felony that involves the use or
threat of force against a human being, or in which there is imminent
danger of bodily injury to a human being.
As added by P.L.311-1983, SEC.12.
IC 35-41-1-12
"Governmental entity" defined
Sec. 12. "Governmental entity" means:
(1) the United States or any state, county, township, city, town,
separate municipal corporation, special taxing district, or public
school corporation;
(2) any authority, board, bureau, commission, committee,
department, division, hospital, military body, or other
instrumentality of any of those entities; or
(3) a state-assisted college or state-assisted university.
As added by P.L.311-1983, SEC.13.
IC 35-41-1-12.3
"Graffiti" defined
Sec. 12.3. "Graffiti" means any unauthorized inscription, work,
figure, or design that is marked, etched, scratched, drawn, or painted
on a component of any building, structure, or other facility.
As added by P.L.94-1996, SEC.4.
IC 35-41-1-13
"Harm" defined
Sec. 13. "Harm" means loss, disadvantage, or injury or anything
so regarded by the person affected, including loss, disadvantage, or
injury to any other person in whose welfare he is interested.
As added by P.L.311-1983, SEC.14.
IC 35-41-1-14
"Human being" defined
Sec. 14. "Human being" means an individual who has been born
and is alive.
As added by P.L.311-1983, SEC.15.
IC 35-41-1-15
"Imprison" defined
Sec. 15. "Imprison" means to:
(1) confine in a penal facility;
(2) commit to the department of correction; or
(3) assign to a community transition program under
IC 11-10-11.5.
As added by P.L.311-1983, SEC.16. Amended by P.L.273-1999,
SEC.214.
IC 35-41-1-16
"Included offense" defined
Sec. 16. "Included offense" means an offense that:
(1) is established by proof of the same material elements or less
than all the material elements required to establish the
commission of the offense charged;
(2) consists of an attempt to commit the offense charged or an
offense otherwise included therein; or
(3) differs from the offense charged only in the respect that a
less serious harm or risk of harm to the same person, property,
or public interest, or a lesser kind of culpability, is required to
establish its commission.
As added by P.L.311-1983, SEC.17.
IC 35-41-1-16.5
"Key facility" defined
Sec. 16.5. "Key facility" means any of the following:
(1) A chemical manufacturing facility.
(2) A refinery.
(3) An electric utility facility, including:
(A) a power plant;
(B) a power generation facility peaker;
(C) an electric transmission facility;
(D) an electric station or substation; or
(E) any other facility used to support the generation,
transmission, or distribution of electricity.
However, the term does not include electric transmission land
or right-of-way that is not completely enclosed, posted, and
maintained by the electric utility.
(4) A water intake structure or water treatment facility.
(5) A natural gas utility facility, including:
(A) an age station;
(B) a compressor station;
(C) an odorization facility;
(D) a main line valve;
(E) a natural gas storage facility; or
(F) any other facility used to support the acquisition,
transmission, distribution, or storage of natural gas.
However, the term does not include gas transmission
pipeline property that is not completely enclosed, posted,
and maintained by the natural gas utility.
(6) A gasoline, propane, liquid natural gas (LNG), or other fuel
terminal or storage facility.
(7) A transportation facility, including, but not limited to, a
port, railroad switching yard, or trucking terminal. However, the
term does not include a railroad track that is not part of a
railroad switching yard.
(8) A pulp or paper manufacturing facility.
(9) A pharmaceutical manufacturing facility.
(10) A hazardous waste storage, treatment, or disposal facility.
(11) A telecommunications facility, including a central office
or cellular telephone tower site.
(12) A facility:
(A) that is substantially similar to a facility, structure, or
station listed in this section; or
(B) whose owner or operator is required to submit a risk
management plan under the federal Chemical Safety
Information, Site Security and Fuels Regulatory Relief Act
(42 U.S.C. 7412(r)).
As added by P.L.158-2009, SEC.6.
IC 35-41-1-17
"Law enforcement officer" and "federal enforcement officer"
defined
Sec. 17. (a) "Law enforcement officer" means:
(1) a police officer (including a correctional police officer),
sheriff, constable, marshal, prosecuting attorney, special
prosecuting attorney, special deputy prosecuting attorney, the
securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the
inspector general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco
commission; or
(6) an enforcement officer of the securities division of the office
of the secretary of state.
(b) "Federal enforcement officer" means any of the following:
(1) A Federal Bureau of Investigation special agent.
(2) A United States Marshals Service marshal or deputy.
(3) A United States Secret Service special agent.
(4) A United States Fish and Wildlife Service special agent.
(5) A United States Drug Enforcement Agency agent.
(6) A Bureau of Alcohol, Tobacco, Firearms and Explosives
agent.
(7) A United States Forest Service law enforcement officer.
(8) A United States Department of Defense police officer or
criminal investigator.
(9) A United States Customs Service agent.
(10) A United States Postal Service investigator.
(11) A National Park Service law enforcement commissioned
ranger.
(12) United States Department of Agriculture, Office of
Inspector General special agent.
(13) A United States Citizenship and Immigration Services
special agent.
(14) An individual who is:
(A) an employee of a federal agency; and
(B) authorized to make arrests and carry a firearm in the
performance of the individual's official duties.
As added by P.L.311-1983, SEC.18. Amended by P.L.319-1987,
SEC.2; P.L.47-1987, SEC.13; P.L.101-1990, SEC.6; P.L.40-1991,
SEC.2; P.L.67-1992, SEC.4; P.L.244-1993, SEC.1; P.L.106-2001,
SEC.1; P.L.204-2001, SEC.64; P.L.1-2002, SEC.148; P.L.222-2005,
SEC.46; P.L.1-2006, SEC.530; P.L.1-2007, SEC.229; P.L.230-2007,
SEC.25; P.L.77-2009, SEC.7.
IC 35-41-1-18
"Lawful detention" defined
Sec. 18. (a) "Lawful detention" means:
(1) arrest;
(2) custody following surrender in lieu of arrest;
(3) detention in a penal facility;
(4) detention in a facility for custody of persons alleged or
found to be delinquent children;
(5) detention under a law authorizing civil commitment in lieu
of criminal proceedings or authorizing such detention while
criminal proceedings are held in abeyance;
(6) detention for extradition or deportation;
(7) placement in a community corrections program's residential
facility;
(8) electronic monitoring;
(9) custody for purposes incident to any of the above including
transportation, medical diagnosis or treatment, court
appearances, work, or recreation; or
(10) any other detention for law enforcement purposes.
(b) Except as provided in subsection (a)(7) and (a)(8), the term
does not include supervision of a person on probation or parole or
constraint incidental to release with or without bail.
As added by P.L.311-1983, SEC.19. Amended by P.L.17-1998,
SEC.1; P.L.1-1999, SEC.78.
IC 35-41-1-18.3
"Machine gun" defined
Sec. 18.3. "Machine gun" means a weapon that:
(1) shoots; or
(2) can be readily restored to shoot;
automatically more than one (1) shot, without manual reloading, by
a single function of the trigger.
As added by P.L.211-1997, SEC.1.
IC 35-41-1-18.5
"Motor vehicle" defined
Sec. 18.5. "Motor vehicle" has the meaning set forth in
IC 9-13-2-105(a).
As added by P.L.134-1987, SEC.20. Amended by P.L.2-1991,
SEC.105.
IC 35-41-1-19
"Offense" defined
Sec. 19. "Offense" means a crime. The term does not include an
infraction.
As added by P.L.311-1983, SEC.20.
IC 35-41-1-19.3
Offense relating to a criminal sexual act
Sec. 19.3. "Offense relating to a criminal sexual act" means the
following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child seduction (IC 35-42-4-7).
(5) Prostitution (IC 35-45-4-2).
(6) Patronizing a prostitute (IC 35-45-4-3).
(7) Incest (IC 35-46-1-3).
(8) Sexual misconduct with a minor under IC 35-42-4-9(a).
As added by P.L.125-2007, SEC.9.
IC 35-41-1-19.4
Offense relating to controlled substances
Sec. 19.4. "Offense relating to controlled substances" means the
following:
(1) Dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1).
(2) Dealing in methamphetamine (IC 35-48-4-1.1).
(3) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(4) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(5) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(6) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(7) Possession of methamphetamine (IC 35-48-4-6.1).
(8) Possession of a controlled substance (IC 35-48-4-7).
(9) Possession of paraphernalia (IC 35-48-4-8.3).
(10) Dealing in paraphernalia (IC 35-48-4-8.5).
(11) Offenses relating to registration (IC 35-48-4-14).
As added by P.L.125-2007, SEC.10.
IC 35-41-1-20
"Official proceeding" defined
Sec. 20. "Official proceeding" means a proceeding held or that
may be held before a legislative, judicial, administrative, or other
agency or before an official authorized to take evidence under oath,
including a referee, hearing examiner, commissioner, notary, or other
person taking evidence in connection with a proceeding.
As added by P.L.311-1983, SEC.21.
IC 35-41-1-21
"Penal facility" defined
Sec. 21. "Penal facility" means state prison, correctional facility,
county jail, penitentiary, house of correction, or any other facility for
confinement of persons under sentence, or awaiting trial or sentence,
for offenses. The term includes a correctional facility constructed
under IC 4-13.5.
As added by P.L.311-1983, SEC.22. Amended by P.L.240-1991(ss2),
SEC.97; P.L.12-1996, SEC.16.
IC 35-41-1-22
"Person" defined
Sec. 22. (a) "Person" means a human being, corporation, limited
liability company, partnership, unincorporated association, or
governmental entity.
(b) "Person", for purposes of section 10.6 of this chapter, means
an adult or a minor.
As added by P.L.311-1983, SEC.23. Amended by P.L.8-1993,
SEC.509; P.L.133-2002, SEC.64; P.L.3-2008, SEC.251.
IC 35-41-1-23
"Property" defined
Sec. 23. (a) "Property" means anything of value. The term
includes:
(1) a gain or advantage or anything that might reasonably be
regarded as such by the beneficiary;
(2) real property, personal property, money, labor, and services;
(3) intangibles;
(4) commercial instruments;
(5) written instruments concerning labor, services, or property;
(6) written instruments otherwise of value to the owner, such as
a public record, deed, will, credit card, or letter of credit;
(7) a signature to a written instrument;
(8) extension of credit;
(9) trade secrets;
(10) contract rights, choses-in-action, and other interests in or
claims to wealth;
(11) electricity, gas, oil, and water;
(12) captured or domestic animals, birds, and fish;
(13) food and drink; and
(14) human remains.
(b) Property is that "of another person" if the other person has a
possessory or proprietary interest in it, even if an accused person also
has an interest in that property.
As added by P.L.311-1983, SEC.24.
IC 35-41-1-23.7
"Public park" defined
Sec. 23.7. "Public park" means any property operated by a
political subdivision for park purposes (as defined in IC 36-10-1-2).
As added by P.L.296-1995, SEC.1.
IC 35-41-1-24
"Public servant" defined
Sec. 24. "Public servant" means a person who:
(1) is authorized to perform an official function on behalf of,
and is paid by, a governmental entity;
(2) is elected or appointed to office to discharge a public duty
for a governmental entity; or
(3) with or without compensation, is appointed in writing by a
public official to act in an advisory capacity to a governmental
entity concerning a contract or purchase to be made by the
entity.
The term does not include a person appointed by the governor to an
honorary advisory or honorary military position.
As added by P.L.311-1983, SEC.25. Amended by P.L.13-1987,
SEC.15.
IC 35-41-1-24.3
"School bus" defined
Sec. 24.3. "School bus" means any motor vehicle designed and
constructed for the accommodation of more than ten (10) passengers,
which is used for the transportation of Indiana school children.
As added by P.L.296-1987, SEC.3.
IC 35-41-1-24.7
"School property" defined
Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2
or IC 31-27;
(C) a private school that is not supported and maintained by
funds realized from the imposition of a tax on property,
income, or sales; or
(D) a federal, state, local, or nonprofit program or service
operated to serve, assist, or otherwise benefit children who
are at least three (3) years of age and not yet enrolled in
kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool
children.
(2) The grounds adjacent to and owned or rented in common
with a building or other structure described in subdivision (1).
As added by P.L.296-1987, SEC.4. Amended by P.L.34-1991,
SEC.27; P.L.9-1991, SEC.95; P.L.2-1992, SEC.880; P.L.81-1992,
SEC.38; P.L.1-1993, SEC.240; P.L.160-1994, SEC.1; P.L.1-2005,
SEC.227; P.L.145-2006, SEC.370.
IC 35-41-1-24.8
"Scientific research facility" defined
Sec. 24.8. "Scientific research facility" means a facility in which
research is conducted.
As added by P.L.151-1989, SEC.10.
IC 35-41-1-25
"Serious bodily injury" defined
Sec. 25. "Serious bodily injury" means bodily injury that creates
a substantial risk of death or that causes:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) extreme pain;
(4) permanent or protracted loss or impairment of the function
of a bodily member or organ; or
(5) loss of a fetus.
As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997,
SEC.1.
IC 35-41-1-26
"Sexual intercourse" defined
Sec. 26. "Sexual intercourse" means an act that includes any
penetration of the female sex organ by the male sex organ.
As added by P.L.311-1983, SEC.27.
IC 35-41-1-26.5
"Terrorism" defined
Sec. 26.5. "Terrorism" means the unlawful use of force or
violence or the unlawful threat of force or violence to intimidate or
coerce a government or all or part of the civilian population.
As added by P.L.156-2001, SEC.9.
IC 35-41-1-26.8
Repealed
(Repealed by P.L.105-2010, SEC.18.)
IC 35-41-1-27
"Utter" defined
Sec. 27. "Utter" means to issue, authenticate, transfer, publish,
deliver, sell, transmit, present, or use.
As added by P.L.311-1983, SEC.28.
IC 35-41-1-28
"Vehicle" defined
Sec. 28. "Vehicle" means a device for transportation by land,
water, or air. The term includes mobile equipment with provision for
transport of an operator.
As added by P.L.311-1983, SEC.29.
IC 35-41-1-29
"Youth program center" defined
Sec. 29. (a) "Youth program center" means the following:
(1) A building or structure that on a regular basis provides
recreational, vocational, academic, social, or other programs or
services for persons less than eighteen (18) years of age.
(2) The real property on which a building or structure described
in subdivision (1) is located.
(b) The term does not include school property (as defined in
section 24.7 of this chapter).
As added by P.L.17-2001, SEC.14.
IC 35-41-1-29.4
"Weapon of mass destruction" defined
Sec. 29.4. "Weapon of mass destruction" means any chemical
device, biological device or organism, or radiological device that is
capable of being used for terrorism.
As added by P.L.156-2001, SEC.10.