Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 35-42
    ARTICLE 42. OFFENSES AGAINST THE PERSON

IC 35-42-1
     Chapter 1. Homicide

IC 35-42-1-0.1
Repealed
    
(Repealed by P.L.63-2012, SEC.46.)

IC 35-42-1-0.5
Abortions exempt
    
Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
As added by P.L.261-1997, SEC.2.

IC 35-42-1-1 Version a
Murder
    
Note: This version of section effective until 7-1-2014. See also following version of this section amended by P.L.158-2013, SEC.410, effective 7-1-2014, and following version of this section amended by P.L.214-2013, SEC.35, effective 7-1-2014.
    Sec. 1. A person who:
        (1) knowingly or intentionally kills another human being;
        (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking;
        (3) kills another human being while committing or attempting to commit:
            (A) dealing in or manufacturing cocaine or a narcotic drug (
IC 35-48-4-1);
            (B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1);
            (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
            (E) dealing in a schedule V controlled substance; or
        (4) knowingly or intentionally kills a fetus that has attained viability (as defined in IC 16-18-2-365);
commits murder, a felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230.



IC 35-42-1-1 Version b
Murder
    
Note: This version of section amended by P.L.158-2013, SEC.410, effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014, and following version of this section amended by P.L.214-2013, SEC.35, effective 7-1-2014.
    Sec. 1. A person who:
        (1) knowingly or intentionally kills another human being;
        (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking (before its repeal);
        (3) kills another human being while committing or attempting to commit:
            (A) dealing in or manufacturing cocaine or a narcotic drug (
IC 35-48-4-1);
            (B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1);
            (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
            (E) dealing in a schedule V controlled substance; or
        (4) knowingly or intentionally kills a fetus that has attained viability (as defined in IC 16-18-2-365);
commits murder, a felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230; P.L.158-2013, SEC.410.

IC 35-42-1-1 Version c
Murder
    
Note: This version of section amended by P.L.214-2013, SEC.35, effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014, and preceding version of this section amended by P.L.158-2013, SEC.410, effective 7-1-2014.
    Sec. 1. A person who:
        (1) knowingly or intentionally kills another human being;
        (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal on July 1, 2014), kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking;
        (3) kills another human being while committing or attempting to commit:


            (A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
            (B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1);
            (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
            (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
            (E) dealing in a schedule V controlled substance; or
        (4) knowingly or intentionally kills a fetus that has attained viability (as defined in IC 16-18-2-365);
commits murder, a felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230; P.L.214-2013, SEC.35.

IC 35-42-1-2 Version a
Causing suicide
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Class B felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26.

IC 35-42-1-2 Version b
Causing suicide
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26; P.L.158-2013, SEC.411.

IC 35-42-1-2.5 Version a
Assisting suicide
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 2.5. (a) This section does not apply to the following:
        (1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.
        (2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider,

including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), or IC 30-5 (power of attorney).
    (b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Class C felony:
        (1) Provides the physical means by which the other person attempts or commits suicide.
        (2) Participates in a physical act by which the other person attempts or commits suicide.
As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994, SEC.167.

IC 35-42-1-2.5 Version b
Assisting suicide
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 2.5. (a) This section does not apply to the following:
        (1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.
        (2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), or IC 30-5 (power of attorney).
    (b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Level 5 felony:
        (1) Provides the physical means by which the other person attempts or commits suicide.
        (2) Participates in a physical act by which the other person attempts or commits suicide.
As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994, SEC.167; P.L.158-2013, SEC.412.

IC 35-42-1-3 Version a
Voluntary manslaughter
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 3. (a) A person who knowingly or intentionally:
        (1) kills another human being; or
        (2) kills a fetus that has attained viability (as defined in IC 16-18-2-365);
while acting under sudden heat commits voluntary manslaughter, a Class B felony. However, the offense is a Class A felony if it is committed by means of a deadly weapon.
    (b) The existence of sudden heat is a mitigating factor that

reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4.

IC 35-42-1-3 Version b
Voluntary manslaughter
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 3. (a) A person who knowingly or intentionally:
        (1) kills another human being; or
        (2) kills a fetus that has attained viability (as defined in IC 16-18-2-365);
while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.
    (b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4; P.L.158-2013, SEC.413.

IC 35-42-1-4 Version a
Involuntary manslaughter
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 4. (a) As used in this section, "child care provider" means a person who provides child care in or on behalf of:
        (1) a child care center (as defined in IC 12-7-2-28.4); or
        (2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is licensed.
    (b) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
    (c) A person who kills another human being while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery;
commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (d) A person who kills a fetus while committing or attempting to commit:
        (1) a Class C or Class D felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;


        (3) battery; or
        (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Class C felony. However, if the killing results from the operation of a vehicle, the offense is a Class D felony.
    (e) If:
        (1) a child care provider recklessly supervises a child; and
        (2) the child dies as a result of the child care provider's reckless supervision;
the child care provider commits involuntary manslaughter, a Class D felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1.

IC 35-42-1-4 Version b
Involuntary manslaughter
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 4. (a) As used in this section, "fetus" means a fetus that has attained viability (as defined in IC 16-18-2-365).
    (b) A person who kills another human being while committing or attempting to commit:
        (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
        (3) battery;
commits involuntary manslaughter, a Level 5 felony.
    (c) A person who kills a fetus while committing or attempting to commit:
        (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
        (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
        (3) battery; or
        (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Level 5 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1; P.L.158-2013, SEC.414.

IC 35-42-1-5 Version a
Reckless homicide
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Class C felony.


As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6.

IC 35-42-1-5 Version b
Reckless homicide
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Level 5 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6; P.L.158-2013, SEC.415.

IC 35-42-1-6 Version a
Feticide
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Class B felony. This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
As added by Acts 1979, P.L.153, SEC.3. Amended by P.L.2-1995, SEC.126; P.L.40-2009, SEC.1.

IC 35-42-1-6 Version b
Feticide
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 6. A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony. This section does not apply to an abortion performed in compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
As added by Acts 1979, P.L.153, SEC.3. Amended by P.L.2-1995, SEC.126; P.L.40-2009, SEC.1; P.L.158-2013, SEC.416.

IC 35-42-1-7 Version a
Transferring contaminated body fluids
    
Note: This version of section effective until 7-1-2014. See also following repeal of this section, effective 7-1-2014.
    Sec. 7. (a) As used in this section, "blood" has the meaning set forth in IC 16-41-12-2.5.
    (b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination (as defined in IC 16-41-14-2) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Class C felony.
    (c) However, the offense is a Class A felony if it results in the

transmission of the human immunodeficiency virus (HIV) to any person other than the defendant.
    (d) This section does not apply to:
        (1) a person who, for reasons of privacy, donates, sells, or transfers blood at a blood center (as defined in IC 16-41-12-3) after the person has notified the blood center that the blood must be disposed of and may not be used for any purpose;
        (2) a person who transfers blood, semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or
        (3) a person who is an autologous blood donor for stem cell transplantation.
As added by P.L.123-1988, SEC.30. Amended by P.L.184-1989, SEC.27; P.L.2-1993, SEC.184; P.L.59-2012, SEC.3; P.L.213-2013, SEC.17.

IC 35-42-1-7 Version b
Repealed
    
(Repealed by P.L.158-2013, SEC.417; P.L.213-2013, SEC.19.)
    Note: This repeal of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.

IC 35-42-1-8 Version a
Sale or distribution of HIV testing equipment
    
Note: This version of section effective until 7-1-2014. See also following repeal of this section, effective 7-1-2014.
    Sec. 8. (a) The sale or distribution of:
        (1) diagnostic testing equipment or apparatus; or
        (2) a blood collection kit;
intended for home use to diagnose or confirm human immunodeficiency virus (HIV) infection or disease is prohibited unless the testing equipment, apparatus, or kit has been approved for such use by the federal Food and Drug Administration.
    (b) A person who violates this section commits a Class A misdemeanor.
As added by P.L.184-1989, SEC.28.

IC 35-42-1-8 Version b
Repealed
    
(Repealed by P.L.158-2013, SEC.418.)
    Note: This repeal of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.

IC 35-42-1-9 Version a
Failure of carriers of dangerous communicable diseases to warn persons at risk
    
Note: This version of section effective until 7-1-2014. See also following repeal of this section, effective 7-1-2014.
    Sec. 9. (a) Except as provided in this section, a person who recklessly violates or fails to comply with IC 16-41-7 commits a

Class B misdemeanor.
    (b) A person who knowingly or intentionally violates or fails to comply with IC 16-41-7-1 commits a Class D felony.
    (c) Each day a violation described in this section continues constitutes a separate offense.
As added by P.L.31-1998, SEC.2.

IC 35-42-1-9 Version b
Repealed
    
(Repealed by P.L.158-2013, SEC.419.)
    Note: This repeal of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.