CHAPTER 1. HOMICIDE
IC 35-42
ARTICLE 42. OFFENSES AGAINST THE PERSON
IC 35-42-1
Chapter 1. Homicide
IC 35-42-1-0.5
Abortions exempt
Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to anabortion 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
Murder
Sec. 1. A person who:
(1) knowingly or intentionally kills another human being;
(2) kills another human being while committing or attemptingto commit arson, burglary, child molesting, consumer producttampering, criminal deviate conduct, kidnapping, rape, robbery,human trafficking, promotion of human trafficking, sexualtrafficking of a minor, or carjacking;
(3) kills another human being while committing or attemptingto commit:
(A) dealing in or manufacturing cocaine or a narcotic drug(IC 35-48-4-1);
(B) dealing in or manufacturing methamphetamine (IC35-48-4-1.1);
(C) dealing in a schedule I, II, or III controlled substance (IC35-48-4-2);
(D) dealing in a schedule IV controlled substance (IC35-48-4-3); or
(E) dealing in a schedule V controlled substance; or
(4) knowingly or intentionally kills a fetus that has attainedviability (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 35-42-1-2
Causing suicide
Sec. 2. A person who intentionally causes another human being,by force, duress, or deception, to commit suicide commits causingsuicide, a Class B felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.26.
IC 35-42-1-2.5
Assisting suicide
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'spain or discomfort, even if the medication or procedure mayhasten or increase the risk of death, unless such medications orprocedures are intended to cause death.
(2) The withholding or withdrawing of medical treatment orlife-prolonging procedures by a licensed health care provider,including pursuant to IC 16-36-4 (living wills andlife-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 tocommit or attempt to commit suicide and who intentionally doeseither of the following commits assisting suicide, a Class C felony:
(1) Provides the physical means by which the other personattempts or commits suicide.
(2) Participates in a physical act by which the other personattempts or commits suicide.
As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994,SEC.167.
IC 35-42-1-3
Voluntary manslaughter
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 inIC 16-18-2-365);
while acting under sudden heat commits voluntary manslaughter, aClass B felony. However, the offense is a Class A felony if it iscommitted by means of a deadly weapon.
(b) The existence of sudden heat is a mitigating factor thatreduces what otherwise would be murder under section 1(1) of thischapter 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 35-42-1-4
Involuntary manslaughter
Sec. 4. (a) As used in this section, "child care provider" means aperson 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 islicensed.
(b) As used in this section, "fetus" means a fetus that has attainedviability (as defined in IC 16-18-2-365).
(c) A person who kills another human being while committing orattempting to commit: (1) a Class C or Class D felony that inherently poses a risk ofserious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk ofserious bodily injury; or
(3) battery;
commits involuntary manslaughter, a Class C felony. However, if thekilling results from the operation of a vehicle, the offense is a ClassD felony.
(d) A person who kills a fetus while committing or attempting tocommit:
(1) a Class C or Class D felony that inherently poses a risk ofserious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk ofserious bodily injury;
(3) battery; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating avehicle while intoxicated);
commits involuntary manslaughter, a Class C felony. However, if thekilling results from the operation of a vehicle, the offense is a ClassD 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 recklesssupervision;
the child care provider commits involuntary manslaughter, a Class Dfelony.
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 35-42-1-5
Reckless homicide
Sec. 5. A person who recklessly kills another human beingcommits 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 35-42-1-6
Feticide
Sec. 6. A person who knowingly or intentionally terminates ahuman pregnancy with an intention other than to produce a live birthor to remove a dead fetus commits feticide, a Class B felony. Thissection 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 35-42-1-7
Transferring contaminated body fluids Sec. 7. (a) As used in this section, "component" means plasma,platelets, or serum of a human being.
(b) A person who recklessly, knowingly, or intentionally donates,sells, or transfers blood, a blood component, or semen for artificialinsemination (as defined in IC 16-41-14-2) that contains the humanimmunodeficiency virus (HIV) commits transferring contaminatedbody fluids, a Class C felony.
(c) However, the offense is a Class A felony if it results in thetransmission of the human immunodeficiency virus (HIV) to anyperson other than the defendant.
(d) This section does not apply to:
(1) a person who, for reasons of privacy, donates, sells, ortransfers blood or a blood component at a blood center (asdefined in IC 16-41-12-3) after the person has notified the bloodcenter that the blood or blood component must be disposed ofand may not be used for any purpose; or
(2) a person who transfers blood, a blood component, semen, oranother body fluid that contains the human immunodeficiencyvirus (HIV) for research purposes.
As added by P.L.123-1988, SEC.30. Amended by P.L.184-1989,SEC.27; P.L.2-1993, SEC.184.
IC 35-42-1-8
Sale or distribution of HIV testing equipment
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 humanimmunodeficiency virus (HIV) infection or disease is prohibitedunless the testing equipment, apparatus, or kit has been approved forsuch use by the federal Food and Drug Administration.
(b) A person who violates this section commits a Class Amisdemeanor.
As added by P.L.184-1989, SEC.28.
IC 35-42-1-9
Failure of carriers of dangerous communicable diseases to warnpersons at risk
Sec. 9. (a) Except as provided in this section, a person whorecklessly violates or fails to comply with IC 16-41-7 commits aClass B misdemeanor.
(b) A person who knowingly or intentionally violates or fails tocomply with IC 16-41-7-1 commits a Class D felony.
(c) Each day a violation described in this section continuesconstitutes a separate offense.
As added by P.L.31-1998, SEC.2.