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CHAPTER 2. INTIMIDATION AND OTHER OFFENSES RELATING TO COMMUNICATIONS

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IC 35-45-2 Chapter 2. Intimidation and Other Offenses Relating to Communications IC 35-45-2-1 Intimidation Sec. 1. (a) A person who communicates a threat to another person, with the intent: (1) that the other person engage in conduct against the other person's will; (2) that the other person be placed in fear of retaliation for a prior lawful act; or (3) of causing: (A) a dwelling, a building, or another structure; or (B) a vehicle; to be evacuated; commits intimidation, a Class A misdemeanor. (b) However, the offense is a: (1) Class D felony if: (A) the threat is to commit a forcible felony; (B) the person to whom the threat is communicated: (i) is a law enforcement officer; (ii) is a judge or bailiff of any court; (iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat; (iv) is an employee of a school corporation; (v) is a community policing volunteer; (vi) is an employee of a court; (vii) is an employee of a probation department; or (viii) is an employee of a community corrections program. (C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or (D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and (2) Class C felony if, while committing it, the person draws or uses a deadly weapon. (c) "Threat" means an expression, by words or action, of an intention to: (1) unlawfully injure the person threatened or another person, or damage property; (2) unlawfully subject a person to physical confinement or restraint; (3) commit a crime; (4) unlawfully withhold official action, or cause such withholding; (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses; (6) expose the person threatened to hatred, contempt, disgrace, or ridicule; (7) falsely harm the credit or business reputation of the person threatened; or (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003, SEC.3; P.L.3-2006, SEC.2. IC 35-45-2-2 Harassment; "obscene message" defined Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication: (1) makes a telephone call, whether or not a conversation ensues; (2) communicates with a person by telegraph, mail, or other form of written communication; (3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or (4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to: (A) communicate with a person; or (B) transmit an obscene message or indecent or profane words to a person; commits harassment, a Class B misdemeanor. (b) A message is obscene if: (1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex; (2) the message refers to sexual conduct in a patently offensive way; and (3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22. IC 35-45-2-3 Unlawful use of a communications medium; definitions Sec. 3. (a) A person who knowingly or intentionally: (1) refuses to yield a party line upon request by another person who states that he wishes to make an emergency call from a telephone on that party line; (2) refuses to yield a Citizens Radio Service channel upon request by another person who states that he wishes to make an emergency call on that channel; or (3) obtains the use of a party line or Citizens Radio Service channel by falsely stating that he wishes to make an emergency call; commits unlawful use of a communications medium, a Class B misdemeanor. (b) "Party line" means a common telephone line for two (2) or more subscribers. (c) "Emergency call" means a telephone call or radio message in which the caller or sender reasonably believes that a human being or property is in jeopardy and that prompt summoning of aid is essential. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.73; Acts 1977, P.L.343, SEC.2. IC 35-45-2-4 Unlawful disclosure Sec. 4. (a) This section does not apply to an employee who discloses information under IC 35-33.5. (b) An employee of a telegraph company who knowingly or intentionally discloses the contents of a message sent or received, to a person other than a sender or receiver or authorized agent of either, commits unlawful disclosure, a Class A infraction. (c) An employee of a telephone company who knowingly or intentionally discloses the contents of a conversation over a line of the company commits unlawful disclosure, a Class A infraction. As added by Acts 1977, P.L.26, SEC.23. Amended by P.L.161-1990, SEC.4. IC 35-45-2-5 Interference with the reporting of a crime Sec. 5. A person who, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interferes with or prevents an individual from: (1) using a 911 emergency telephone system; (2) obtaining medical assistance; or (3) making a report to a law enforcement officer; commits interference with the reporting of a crime, a Class A misdemeanor. As added by P.L.71-2002, SEC.1.
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  • IC 35-45-2
         Chapter 2. Intimidation and Other Offenses Relating to Communications

    IC 35-45-2-1
    Intimidation
        
    Sec. 1. (a) A person who communicates a threat to another person, with the intent:
            (1) that the other person engage in conduct against the other person's will;
            (2) that the other person be placed in fear of retaliation for a prior lawful act; or
            (3) of causing:
                (A) a dwelling, a building, or another structure; or
                (B) a vehicle;
            to be evacuated;
    commits intimidation, a Class A misdemeanor.
        (b) However, the offense is a:
            (1) Class D felony if:
                (A) the threat is to commit a forcible felony;
                (B) the person to whom the threat is communicated:
                    (i) is a law enforcement officer;
                    (ii) is a judge or bailiff of any court;
                    (iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
                    (iv) is an employee of a school corporation;
                    (v) is a community policing volunteer;
                    (vi) is an employee of a court;
                    (vii) is an employee of a probation department; or
                    (viii) is an employee of a community corrections program.
                (C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
                (D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
            (2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
        (c) "Threat" means an expression, by words or action, of an intention to:
            (1) unlawfully injure the person threatened or another person, or damage property;
            (2) unlawfully subject a person to physical confinement or restraint;
            (3) commit a crime;
            (4) unlawfully withhold official action, or cause such withholding;
            (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;         (6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
            (7) falsely harm the credit or business reputation of the person threatened; or
            (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003, SEC.3; P.L.3-2006, SEC.2.

    IC 35-45-2-2
    Harassment; "obscene message" defined
        
    Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
            (1) makes a telephone call, whether or not a conversation ensues;
            (2) communicates with a person by telegraph, mail, or other form of written communication;
            (3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
            (4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
                (A) communicate with a person; or
                (B) transmit an obscene message or indecent or profane words to a person;
    commits harassment, a Class B misdemeanor.
        (b) A message is obscene if:
            (1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
            (2) the message refers to sexual conduct in a patently offensive way; and
            (3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.

    IC 35-45-2-3
    Unlawful use of a communications medium; definitions
        
    Sec. 3. (a) A person who knowingly or intentionally:
            (1) refuses to yield a party line upon request by another person who states that he wishes to make an emergency call from a telephone on that party line;
            (2) refuses to yield a Citizens Radio Service channel upon request by another person who states that he wishes to make an emergency call on that channel; or
            (3) obtains the use of a party line or Citizens Radio Service

    channel by falsely stating that he wishes to make an emergency call;
    commits unlawful use of a communications medium, a Class B misdemeanor.
        (b) "Party line" means a common telephone line for two (2) or more subscribers.
        (c) "Emergency call" means a telephone call or radio message in which the caller or sender reasonably believes that a human being or property is in jeopardy and that prompt summoning of aid is essential.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.73; Acts 1977, P.L.343, SEC.2.

    IC 35-45-2-4
    Unlawful disclosure
        
    Sec. 4. (a) This section does not apply to an employee who discloses information under IC 35-33.5.
        (b) An employee of a telegraph company who knowingly or intentionally discloses the contents of a message sent or received, to a person other than a sender or receiver or authorized agent of either, commits unlawful disclosure, a Class A infraction.
        (c) An employee of a telephone company who knowingly or intentionally discloses the contents of a conversation over a line of the company commits unlawful disclosure, a Class A infraction.
    As added by Acts 1977, P.L.26, SEC.23. Amended by P.L.161-1990, SEC.4.

    IC 35-45-2-5
    Interference with the reporting of a crime
        
    Sec. 5. A person who, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interferes with or prevents an individual from:
            (1) using a 911 emergency telephone system;
            (2) obtaining medical assistance; or
            (3) making a report to a law enforcement officer;
    commits interference with the reporting of a crime, a Class A misdemeanor.
    As added by P.L.71-2002, SEC.1.

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