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IC 35-44-3-1
Repealed
(Repealed by Acts 1978, P.L.144, SEC.13.)
IC 35-44-3-2
Assisting a criminal
Sec. 2. A person not standing in the relation of parent, child, or
spouse to another person who has committed a crime or is a fugitive
from justice who, with intent to hinder the apprehension or
punishment of the other person, harbors, conceals, or otherwise
assists the person commits assisting a criminal, a Class A
misdemeanor. However, the offense is:
(1) a Class D felony if the person assisted has committed a
Class B, Class C, or Class D felony; and
(2) a Class C felony if the person assisted has committed
murder or a Class A felony, or if the assistance was providing
a deadly weapon.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.60.
IC 35-44-3-3
Resisting law enforcement; mandatory sentence
Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law
enforcement officer or a person assisting the officer while the
officer is lawfully engaged in the execution of the officer's
duties;
(2) forcibly resists, obstructs, or interferes with the authorized
service or execution of a civil or criminal process or order of a
court; or
(3) flees from a law enforcement officer after the officer has, by
visible or audible means, including operation of the law
enforcement officer's siren or emergency lights, identified
himself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except
as provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the
person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection
(a), the person draws or uses a deadly weapon, inflicts
bodily injury on or otherwise causes bodily injury to another
person, or operates a vehicle in a manner that creates a
substantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense described
in subsection (a), the person operates a vehicle in a manner that
causes serious bodily injury to another person; and
(3) Class B felony if, while committing any offense described
in subsection (a), the person operates a vehicle in a manner that
causes the death of another person.
(c) For purposes of this section, a law enforcement officer
includes an enforcement officer of the alcohol and tobacco
commission and a conservation officer of the department of natural
resources.
(d) If a person uses a vehicle to commit a felony offense under
subsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penalty
imposed for the offense, the court shall impose a minimum executed
sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1)
prior unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more prior
unrelated convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, the
mandatory minimum sentence imposed under subsection (d) may not
be suspended.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.61; Acts 1979, P.L.83, SEC.11; P.L.188-1984, SEC.1;
P.L.325-1987, SEC.1; P.L.248-1993, SEC.1; P.L.13-1998, SEC.1;
P.L.143-2006, SEC.2.
IC 35-44-3-4
Obstruction of justice; exception
Sec. 4. (a) A person who:
(1) knowingly or intentionally induces, by threat, coercion, or
false statement, a witness or informant in an official proceeding
or investigation to:
(A) withhold or unreasonably delay in producing any
testimony, information, document, or thing;
(B) avoid legal process summoning him to testify or supply
evidence; or
(C) absent himself from a proceeding or investigation to
which he has been legally summoned;
(2) knowingly or intentionally in an official criminal proceeding
or investigation:
(A) withholds or unreasonably delays in producing any
testimony, information, document, or thing after a court
orders him to produce the testimony, information, document,
or thing;
(B) avoids legal process summoning him to testify or supply
evidence; or
(C) absents himself from a proceeding or investigation to
which he has been legally summoned;
(3) alters, damages, or removes any record, document, or thing,
with intent to prevent it from being produced or used as
evidence in any official proceeding or investigation;
(4) makes, presents, or uses a false record, document, or thing
with intent that the record, document, or thing, material to the
point in question, appear in evidence in an official proceeding
or investigation to mislead a public servant; or
(5) communicates, directly or indirectly, with a juror otherwise
than as authorized by law, with intent to influence the juror
regarding any matter that is or may be brought before the juror;
commits obstruction of justice, a Class D felony.
(b) Subdivision (a)(2)(A) does not apply to:
(1) a person who qualifies for a special privilege under
IC 34-46-4 with respect to the testimony, information,
document, or thing; or
(2) a person who, as an:
(A) attorney;
(B) physician;
(C) member of the clergy; or
(D) husband or wife;
is not required to testify under IC 34-46-3-1.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.62; Acts 1981, P.L.301, SEC.2; Acts 1982, P.L.195,
SEC.3; P.L.1-1998, SEC.197.
IC 35-44-3-5
Escape; failure to return to lawful detention following temporary
leave
Sec. 5. (a) A person, except as provided in subsection (b), who
intentionally flees from lawful detention commits escape, a Class C
felony. However, the offense is a Class B felony if, while committing
it, the person draws or uses a deadly weapon or inflicts bodily injury
on another person.
(b) A person who knowingly or intentionally violates a home
detention order or intentionally removes an electronic monitoring
device commits escape, a Class D felony.
(c) A person who knowingly or intentionally fails to return to
lawful detention following temporary leave granted for a specified
purpose or limited period commits failure to return to lawful
detention, a Class D felony. However, the offense is a Class C felony
if, while committing it, the person draws or uses a deadly weapon or
inflicts bodily injury on another person.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.63; P.L.207-1986, SEC.1; P.L.17-1998, SEC.2;
P.L.137-2001, SEC.11.
IC 35-44-3-6
Failure to appear
Sec. 6. (a) A person who, having been released from lawful
detention on condition that he appear at a specified time and place in
connection with a charge of a crime, intentionally fails to appear at
that time and place commits failure to appear, a Class A
misdemeanor. However, the offense is a Class D felony if the charge
was a felony charge.
(b) It is no defense that the accused person was not convicted of
the crime with which he was originally charged.
(c) This section does not apply to obligations to appear incident
to release under suspended sentence or on probation or parole.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.64.
IC 35-44-3-6.5
Failure to respond to a summons
Sec. 6.5. (a) A person who, having been issued:
(1) a complaint and summons in connection with an infraction
or ordinance violation; or
(2) a summons, or summons and promise to appear, in
connection with a misdemeanor violation;
notifying him to appear at a specific time and place, intentionally
fails to appear at the specified time and place commits failure to
respond to a summons, a Class C misdemeanor.
(b) It is no defense that judgment was entered in favor of the
person in the infraction or ordinance proceeding or that the person
was acquitted of the misdemeanor for which he was summoned to
appear.
As added by Acts 1981, P.L.108, SEC.38. Amended by Acts 1982,
P.L.204, SEC.37.
IC 35-44-3-7
Refusal to aid an officer
Sec. 7. A person who, when ordered by a law enforcement officer
to assist the officer in the execution of the officer's duties, knowingly
or intentionally, and without a reasonable cause, refuses to assist
commits refusal to aid an officer, a Class B misdemeanor.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.65.
IC 35-44-3-8
Repealed
(Repealed by P.L.191-2001, SEC.2.)
IC 35-44-3-8.5
Obstructing an emergency medical person
Sec. 8.5. (a) A person who knowingly or intentionally obstructs
or interferes with an emergency medical person performing or
attempting to perform his emergency functions or duties as an
emergency medical person commits obstructing an emergency
medical person, a Class B misdemeanor.
(b) "Emergency medical person" means a person who holds a
certificate issued by the Indiana emergency medical services
commission to provide emergency medical services.
IC 35-44-3-9
Trafficking with an inmate or child
Sec. 9. (a) As used in this section, "juvenile facility" means the
following:
(1) A secure facility (as defined in IC 31-9-2-114) in which a
child is detained under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as a child in need of
services or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in which
a child is detained under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as a child in need of
services or a delinquent child.
(b) Except as provided in subsection (d), a person who, without
the prior authorization of the person in charge of a penal facility or
juvenile facility knowingly or intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal
facility or juvenile facility, an article from an inmate or child of
the facility; or
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages to an inmate or child of a jail work crew or
community work crew;
commits trafficking with an inmate, a Class A misdemeanor.
(c) If the person who committed the offense under subsection (b)
is an employee of:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall impose a mandatory five thousand dollar
($5,000) fine under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if the
article is:
(1) a controlled substance; or
(2) a deadly weapon.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,
P.L.340, SEC.67; Acts 1981, P.L.300, SEC.2; P.L.223-1996, SEC.1;
P.L.183-1999, SEC.2; P.L.243-1999, SEC.2; P.L.30-2004, SEC.1.
IC 35-44-3-9.3
Trafficking with an inmate outside a facility
Sec. 9.3. (a) As used in this section, "contraband" means the
following:
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
IC 35-44-3-9.5
Possessing material capable of causing bodily injury by inmate
Sec. 9.5. A person who knowingly or intentionally while
incarcerated in a penal facility possesses a device, equipment, a
chemical substance, or other material that:
(1) is used; or
(2) is intended to be used;
in a manner that is readily capable of causing bodily injury commits
a Class C felony. However, the offense is a Class B felony if the
device, equipment, chemical substance, or other material is a deadly
weapon.
As added by P.L.224-1996, SEC.1.
IC 35-44-3-10
Interference with jury service
Sec. 10. A person who knowingly or intentionally:
(1) dismisses his employee;
IC 35-44-3-11
Repealed
(Repealed by Acts 1977, P.L.342, SEC.2.)
IC 35-44-3-11.1
Interference with witness service
Sec. 11.1. A person who knowingly or intentionally:
(1) dismisses an employee;
(2) deprives an employee of employment benefits; or
(3) threatens such a dismissal or deprivation;
because the employee has received or responded to a subpoena in a
criminal proceeding commits interference with witness service, a
Class B misdemeanor.
As added by P.L.131-1985, SEC.18.
IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency
purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are
used in emergency service;
(4) a public service or utility company whose vehicles are used
in emergency service;
(5) a person who has written permission from the chief
executive officer of a law enforcement agency to possess a
police radio;
(6) a person who holds an amateur radio license issued by the
Federal Communications Commission if the person is not
transmitting over a frequency assigned for police emergency
purposes;
(7) a person who uses a police radio only in the person's
dwelling or place of business;
(8) a person:
IC 35-44-3-13 Version a
Lifetime parole violation
Note: This version of section effective until 7-1-2007. See also
following version of this section, effective 7-1-2007.
Sec. 13. (a) A person who is being supervised on lifetime parole
(as described in IC 35-50-6-1) and who knowingly or intentionally
violates a condition of lifetime parole that involves direct or indirect
contact with a child less than sixteen (16) years of age or with the
victim of a sex crime described in IC 11-8-8-5 that was committed by
the person commits a Class D felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or
more times; or
(2) the person has completed the person's sentence, including
any credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if
the person has a prior unrelated conviction under this section.
As added by P.L.139-2006, SEC.5; P.L.140-2006, SEC.34 and
P.L.173-2006, SEC.35. Amended by P.L.1-2007, SEC.233.
IC 35-44-3-13 Version b
Lifetime parole violation
Note: This version of section effective 7-1-2007. See also
preceding version of this section, effective until 7-1-2007.
Sec. 13. (a) A person who is being supervised on lifetime parole
(as described in IC 35-50-6-1) and who knowingly or intentionally
violates a condition of lifetime parole that involves direct or indirect
contact with a child less than sixteen (16) years of age or with the
victim of a crime that was committed by the person commits a Class
D felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) or
more times; or
(2) the person has completed the person's sentence, including
any credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony if
the person has a prior unrelated conviction under this section.
As added by P.L.139-2006, SEC.5; P.L.140-2006, SEC.34;
P.L.173-2006, SEC.35. Amended by P.L.1-2007, SEC.233;
P.L.216-2007, SEC.49.