CHAPTER 1. ARSON, MISCHIEF, AND TAMPERING
IC 35-43
ARTICLE 43. OFFENSES AGAINST PROPERTY
IC 35-43-1
Chapter 1. Arson, Mischief, and Tampering
IC 35-43-1-1
Arson
Sec. 1. (a) A person who, by means of fire, explosive, or
destructive device, knowingly or intentionally damages:
(1) a dwelling of another person without the other person's
consent;
(2) property of any person under circumstances that endanger
human life;
(3) property of another person without the other person's
consent if the pecuniary loss is at least five thousand dollars
($5,000); or
(4) a structure used for religious worship without the consent of
the owner of the structure;
commits arson, a Class B felony. However, the offense is a Class A
felony if it results in either bodily injury or serious bodily injury to
any person other than a defendant.
(b) A person who commits arson for hire commits a Class B
felony. However, the offense is a Class A felony if it results in bodily
injury to any other person.
(c) A person who, by means of fire, explosive, or destructive
device, knowingly or intentionally damages property of any person
with intent to defraud commits arson, a Class C felony.
(d) A person who, by means of fire, explosive, or destructive
device, knowingly or intentionally damages property of another
person without the other person's consent so that the resulting
pecuniary loss is at least two hundred fifty dollars ($250) but less
than five thousand dollars ($5,000) commits arson, a Class D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.40; Acts 1980, P.L.159, SEC.4; Acts 1981, P.L.302,
SEC.1; Acts 1982, P.L.204, SEC.35; P.L.88-1999, SEC.1;
P.L.123-2002, SEC.36.
IC 35-43-1-2
Criminal mischief; penalties
Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defaces
property of another person without the other person's consent;
or
(2) knowingly or intentionally causes another to suffer
pecuniary loss by deception or by an expression of intention to
injure another person or to damage the property or to impair the
rights of another person;
commits criminal mischief, a Class B misdemeanor. However, the
offense is:
(A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars
($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged contained data relating to a
person required to register as a sex or violent offender
under IC 11-8-8 and the person is not a sex or violent
offender or was not required to register as a sex or violent
offender;
(iv) the property damaged was a locomotive, a railroad car,
a train, or equipment of a railroad company being operated
on a railroad right-of-way;
(v) the property damaged was a part of any railroad signal
system, train control system, centralized dispatching
system, or highway railroad grade crossing warning signal
on a railroad right-of-way owned, leased, or operated by a
railroad company;
(vi) the property damaged was any rail, switch, roadbed,
viaduct, bridge, trestle, culvert, or embankment on a
right-of-way owned, leased, or operated by a railroad
company; or
(vii) the property damage or defacement was caused by
paint or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundred
dollars ($2,500);
(ii) the damage causes a substantial interruption or
impairment of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged contained data relating to a
person required to register as a sex or violent offender
under IC 11-8-8 and the person is a sex or violent offender
or was required to register as a sex or violent offender;
(v) the damage causes substantial interruption or
impairment of work conducted in a scientific research
facility;
(vi) the damage is to a law enforcement animal (as defined
in IC 35-46-3-4.5); or
(vii) the damage causes substantial interruption or
impairment of work conducted in a food processing
facility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of the
property that is damaged, commits institutional criminal mischief, a
Class A misdemeanor. However, the offense is a Class D felony if
the pecuniary loss is at least two hundred fifty dollars ($250) but less
than two thousand five hundred dollars ($2,500), and a Class C
felony if the pecuniary loss is at least two thousand five hundred
dollars ($2,500).
(c) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(d) The court may rescind an order for suspension or invalidation
under subsection (c) and allow the person to receive a license or
permit before the period of suspension or invalidation ends if the
court determines that:
(1) the person has removed or painted over the graffiti or has
made other suitable restitution; and
(2) the person who owns the property damaged or defaced by
the criminal mischief or institutional criminal mischief is
satisfied with the removal, painting, or other restitution
performed by the person.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,
P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1;
P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5;
P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1;
P.L.116-2002, SEC.24; P.L.123-2002, SEC.37; P.L.1-2003, SEC.95;
P.L.140-2006, SEC.33 and P.L.173-2006, SEC.33; P.L.216-2007,
SEC.48.
IC 35-43-1-2.1
Cemetery mischief
Sec. 2.1. (a) This section does not apply to the following:
(1) A person who acts in a proper and acceptable manner as
authorized by IC 14-21 other than a person who disturbs the
earth for an agricultural purpose under the exemption to
IC 14-21 that is provided in IC 14-21-1-24.
(2) A person who acts in a proper and acceptable manner as
authorized by IC 23-14.
(b) A person who recklessly, knowingly, or intentionally:
(1) damages a cemetery, a burial ground (as defined in
IC 14-21-1-3), or a facility used for memorializing the dead;
(2) damages the grounds owned or rented by a cemetery or
facility used for memorializing the dead; or
(3) disturbs, defaces, or damages a cemetery monument, grave
marker, grave artifact, grave ornamentation, or cemetery
enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the
offense is a Class D felony if the pecuniary loss is at least two
thousand five hundred dollars ($2,500).
As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001,
SEC.4.
IC 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;
(3) deposits trash, rubbish, chemicals, or other litter in a cave;
or
(4) destroys, injures, removes, or harasses any cave-dwelling
animal for other than scientific purposes;
commits a Class A misdemeanor.
As added by P.L.177-1983, SEC.2.
IC 35-43-1-4
Computer tampering
Sec. 4. (a) As used in this section:
"Computer network" and "computer system" have the meanings
set forth in IC 35-43-2-3.
"Computer program" means an ordered set of instructions or
statements that, when executed by a computer, causes the computer
to process data.
"Data" means a representation of information, facts, knowledge,
concepts, or instructions that:
(1) may take any form, including computer printouts, magnetic
storage media, punched cards, or stored memory;
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
(b) A person who knowingly or intentionally alters or damages a
computer program or data, which comprises a part of a computer
system or computer network without the consent of the owner of the
computer system or computer network commits computer tampering,
a Class D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose
of terrorism; and
(2) Class B felony if the offense is committed for the purpose
of terrorism and results in serious bodily injury to a person.
As added by P.L.35-1986, SEC.2. Amended by P.L.156-2001,
SEC.11.
IC 35-43-1-5
Tampering with a water supply; poisoning
Sec. 5. (a) A person who, with the intent to cause serious bodily
injury, tampers with a:
(1) water supply;
(2) water treatment plant (as defined in IC 13-11-2-264); or
(3) water distribution system (as defined in IC 13-11-2-259);
commits tampering with a water supply, a Class B felony. However,
the offense is a Class A felony if it results in the death of any person.
(b) A person who recklessly, knowingly, or intentionally poisons
a public water supply with the intent to cause serious bodily injury
commits poisoning, a Class B felony.
As added by P.L.137-2007, SEC.35. Amended by P.L.231-2007,
SEC.3.