Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 35-45
    ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY

IC 35-45-1
     Chapter 1. Offenses Against Public Order

IC 35-45-1-0.1
Repealed
    
(Repealed by P.L.63-2012, SEC.57.)

IC 35-45-1-1
Definitions
    
Sec. 1. As used in this chapter:
    "Tumultuous conduct" means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.
    "Unlawful assembly" means an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. Prior concert is not necessary to form an unlawful assembly.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.68.

IC 35-45-1-2 Version a
Rioting
    
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, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is a Class D felony if it is committed while armed with a deadly weapon.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.69.

IC 35-45-1-2 Version b
Rioting
    
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, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is a Level 6 felony if it is committed while armed with a deadly weapon.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.69; P.L.158-2013, SEC.521.

IC 35-45-1-3 Version a
Disorderly conduct


     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 recklessly, knowingly, or intentionally:
        (1) engages in fighting or in tumultuous conduct;
        (2) makes unreasonable noise and continues to do so after being asked to stop; or
        (3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
    (b) The offense described in subsection (a) is a Class D felony if it:
        (1) adversely affects airport security; and
        (2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
    (c) The offense described in subsection (a) is a Class D felony if it:
        (1) is committed within five hundred (500) feet of:
            (A) the location where a burial is being performed;
            (B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
            (C) a building in which:
                (i) a funeral or memorial service; or
                (ii) the viewing of a deceased person;
            is being conducted; and
        (2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1.

IC 35-45-1-3 Version b
Disorderly conduct
    
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 recklessly, knowingly, or intentionally:
        (1) engages in fighting or in tumultuous conduct;
        (2) makes unreasonable noise and continues to do so after being asked to stop; or
        (3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
    (b) The offense described in subsection (a) is a Level 6 felony if it:
        (1) adversely affects airport security; and
        (2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
    (c) The offense described in subsection (a) is a Level 6 felony if it:
        (1) is committed within five hundred (500) feet of:


            (A) the location where a burial is being performed;
            (B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
            (C) a building in which:
                (i) a funeral or memorial service; or
                (ii) the viewing of a deceased person;
            is being conducted; and
        (2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1; P.L.158-2013, SEC.522.

IC 35-45-1-4
Flag desecration
    
Sec. 4. (a) A person who knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign commits flag desecration, a Class A misdemeanor.
    (b) This section does not apply to a person who disposes of a flag in accordance with 36 U.S.C. 176(k).
As added by Acts 1977, P.L.26, SEC.22. Amended by P.L.163-1990, SEC.1.