CHAPTER 2. BATTERY AND RELATED OFFENSES
IC 35-42-2
Chapter 2. Battery and Related Offenses
IC 35-42-2-1
Battery
Sec. 1. (a) A person who knowingly or intentionally touchesanother person in a rude, insolent, or angry manner commits battery,a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer oragainst a person summoned and directed by the officer whilethe officer is engaged in the execution of the officer's officialduty;
(C) it is committed against an employee of a penal facility ora juvenile detention facility (as defined in IC 31-9-2-71)while the employee is engaged in the execution of theemployee's official duty;
(D) it is committed against a firefighter (as defined inIC 9-18-34-1) while the firefighter is engaged in theexecution of the firefighter's official duty;
(E) it is committed against a community policing volunteer:
(i) while the volunteer is performing the duties describedin IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;or
(F) it is committed against the state chemist or the statechemist's agent while the state chemist or the state chemist'sagent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned anddirected by a law enforcement officer while the officer isengaged in the execution of the officer's official duty;
(B) a person less than fourteen (14) years of age and iscommitted by a person at least eighteen (18) years of age;
(C) a person of any age who has a mental or physicaldisability and is committed by a person having the care ofthe person with a mental or physical disability, whether thecare is assumed voluntarily or because of a legal obligation;
(D) the other person and the person who commits the batterywas previously convicted of a battery in which the victimwas the other person;
(E) an endangered adult (as defined in IC 12-10-3-2);
(F) an employee of the department of correction while theemployee is engaged in the execution of the employee'sofficial duty;
(G) an employee of a school corporation while the employeeis engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctionalprofessional is engaged in the execution of the correctional
professional's official duty;
(I) a person who is a health care provider (as defined inIC 16-18-2-163) while the health care provider is engaged inthe execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detentionfacility (as defined in IC 31-9-2-71) while the employee isengaged in the execution of the employee's official duty;
(K) a firefighter (as defined in IC 9-18-34-1) while thefirefighter is engaged in the execution of the firefighter'sofficial duty;
(L) a community policing volunteer:
(i) while the volunteer is performing the duties describedin IC 35-41-1-4.7; or
(ii) because the person is a community policing volunteer;
(M) a family or household member (as defined inIC 35-41-1-10.6) if the person who committed the offense:
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of achild less than sixteen (16) years of age, knowing that thechild was present and might be able to see or hear theoffense; or
(N) a department of child services employee while theemployee is engaged in the execution of the employee'sofficial duty;
(3) a Class C felony if it results in serious bodily injury to anyother person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to aperson less than fourteen (14) years of age and is committed bya person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person lessthan fourteen (14) years of age and is committed by a person atleast eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to anendangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangeredadult (as defined in IC 12-10-3-2); and
(8) a Class C felony if it results in bodily injury to a pregnantwoman and the person knew the woman was pregnant.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverageenforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83,SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1;P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10;
P.L.59-1995, SEC.2; P.L.31-1996, SEC.20; P.L.32-1996, SEC.20;P.L.255-1996, SEC.25; P.L.212-1997, SEC.1; P.L.37-1997, SEC.2;P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1;P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3;P.L.2-2005, SEC.125; P.L.99-2007, SEC.209; P.L.164-2007, SEC.1;P.L.120-2008, SEC.93; P.L.131-2009, SEC.73.
IC 35-42-2-1.3
Domestic battery
Sec. 1.3. (a) A person who knowingly or intentionally touches anindividual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person asprovided in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury tothe person described in subdivision (1), (2), or (3) commits domesticbattery, a Class A misdemeanor.
(b) However, the offense under subsection (a) is a Class D felonyif the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before itsrepeal); or
(B) in any other jurisdiction, including a military court, inwhich the elements of the crime for which the convictionwas entered are substantially similar to the elementsdescribed in this section; or
(2) committed the offense in the physical presence of a childless than sixteen (16) years of age, knowing that the child waspresent and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse ofanother individual in subsection (a)(2), the court shall review thefollowing:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising childrentogether;
(5) whether the two (2) individuals have engaged in tasksdirected toward maintaining a common household; and
(6) other factors the court considers relevant.
As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3;P.L.221-2003, SEC.18; P.L.129-2006, SEC.1.
IC 35-42-2-1.5
Aggravated battery
Sec. 1.5. A person who knowingly or intentionally inflicts injuryon a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily
member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Class B felony.
As added by P.L.213-1991, SEC.2. Amended by P.L.261-1997,SEC.6.
IC 35-42-2-2
Criminal recklessness; element of hazing; liability barred for goodfaith report or judicial participation
Sec. 2. (a) As used in this section, "hazing" means forcing orrequiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionallyperforms:
(1) an act that creates a substantial risk of bodily injury toanother person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c),criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection(b) is:
(1) a Class A misdemeanor if the conduct includes the use of avehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined inIC 9-21-8-55) that results in serious bodily injury to anotherperson; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabiteddwelling or other building or place where people are likelyto gather; or
(B) the person committed aggressive driving (as defined inIC 9-21-8-55) that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to aperson;
commits criminal recklessness, a Class D felony. However, theoffense is a Class C felony if committed by means of a deadlyweapon.
(e) A person, other than a person who has committed an offenseunder this section or a delinquent act that would be an offense underthis section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resultingfrom a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described insubdivision (1) or (2);
is not liable for civil damages or criminal penalties that mightotherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumedto act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not betreated as acting in bad faith solely because the person did not haveprobable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this sectionif the offender was an adult.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1;P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3.
IC 35-42-2-3
Provocation
Sec. 3. A person who recklessly, knowingly, or intentionallyengages in conduct that is likely to provoke a reasonable man tocommit battery commits provocation, a Class C infraction.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.32.
IC 35-42-2-4
Obstruction of traffic
Sec. 4. (a) A person who recklessly, knowingly, or intentionallyobstructs vehicular or pedestrian traffic commits obstruction oftraffic, a Class B misdemeanor.
(b) The offense described in subsection (a) is:
(1) a Class A misdemeanor if the offense includes the use of amotor vehicle; and
(2) a Class D felony if the offense results in serious bodilyinjury.
As added by P.L.92-1988, SEC.7.
IC 35-42-2-5
Overpass mischief
Sec. 5. (a) As used in this section, "overpass" means a bridge orother structure designed to carry vehicular or pedestrian traffic overany roadway, railroad track, or waterway.
(b) A person who knowingly, intentionally, or recklessly:
(1) drops, causes to drop, or throws an object from an overpass;or
(2) with intent that the object fall, places on an overpass anobject that falls off the overpass;
causing bodily injury to another person commits overpass mischief,a Class C felony. However, the offense is a Class B felony if itresults in serious bodily injury to another person.As added by P.L.297-1995, SEC.1.
IC 35-42-2-5.5
Railroad mischief
Sec. 5.5. A person who recklessly, knowingly, or intentionally:
(1) removes an appurtenance from a railroad signal system,resulting in damage or impairment of the operation of therailroad signal system, including a train control system,centralized dispatching system, or highway-railroad gradecrossing warning signal on a railroad owned, leased, or operatedby a railroad carrier without consent of the railroad carrierinvolved;
(2) tampers with or obstructs a switch, a frog, a rail, a roadbed,a crosstie, a viaduct, a bridge, a trestle, a culvert, anembankment, a structure, or an appliance pertaining to orconnected with a railroad carrier without consent of the railroadcarrier involved; or
(3) steals, removes, alters, or interferes with a journal bearing,a brass, a waste, a packing, a triple valve, a pressure cock, abrake, an air hose, or another part of the operating mechanismof a locomotive, an engine, a tender, a coach, a car, a caboose,or a motor car used or capable of being used by a railroadcarrier in Indiana without consent of the railroad carrier;
commits railroad mischief, a Class D felony. However, the offenseis a Class C felony if it results in serious bodily injury to anotherperson and a Class B felony if it results in the death of anotherperson.
As added by P.L.259-1999, SEC.2.
IC 35-42-2-6
Battery by body waste
Sec. 6. (a) As used in this section, "corrections officer" includesa person employed by:
(1) the department of correction;
(2) a law enforcement agency;
(3) a probation department;
(4) a county jail; or
(5) a circuit, superior, county, probate, city, or town court.
(b) As used in this section, "firefighter" means a person who is a:
(1) full-time, salaried firefighter;
(2) part-time, paid firefighter; or
(3) volunteer firefighter (as defined in IC 36-8-12-2).
(c) As used in this section, "first responder" means a person who:
(1) is certified under IC 16-31 and who meets the Indianaemergency medical services commission's standards for firstresponder certification; and
(2) responds to an incident requiring emergency medicalservices.
(d) As used in this section, "human immunodeficiency virus(HIV)" includes acquired immune deficiency syndrome (AIDS) and
AIDS related complex.
(e) A person who knowingly or intentionally in a rude, insolent,or angry manner places blood or another body fluid or waste on a lawenforcement officer, firefighter, first responder, corrections officer,or department of child services employee, identified as such andwhile engaged in the performance of official duties, or coercesanother person to place blood or another body fluid or waste on thelaw enforcement officer, firefighter, first responder, correctionsofficer, or department of child services employee, commits batteryby body waste, a Class D felony. However, the offense is:
(1) a Class C felony if the person knew or recklessly failed toknow that the blood, bodily fluid, or waste was infected with:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that theblood, bodily fluid, or waste was infected with hepatitis B orhepatitis C and the offense results in the transmission ofhepatitis B or hepatitis C to the other person; or
(B) the person knew or recklessly failed to know that theblood, bodily fluid, or waste was infected with tuberculosisand the offense results in the transmission of tuberculosis tothe other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that theblood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to theother person.
(f) A person who knowingly or intentionally in a rude, an insolent,or an angry manner places human blood, semen, urine, or fecal wasteon another person commits battery by body waste, a Class Amisdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed toknow that the blood, semen, urine, or fecal waste was infectedwith:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that theblood, semen, urine, or fecal waste was infected withhepatitis B or hepatitis C and the offense results in thetransmission of hepatitis B or hepatitis C to the other person;or
(B) the person knew or recklessly failed to know that theblood, semen, urine, or fecal waste was infected withtuberculosis and the offense results in the transmission oftuberculosis to the other person; and
(3) a Class B felony if: (A) the person knew or recklessly failed to know that theblood, semen, urine, or fecal waste was infected with HIV;and
(B) the offense results in the transmission of HIV to theother person.
As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002, SEC.1;P.L.85-2004, SEC.53; P.L.178-2007, SEC.3; P.L.131-2009, SEC.74.
IC 35-42-2-7
Tattooing or body piercing a minor
Sec. 7. (a) As used in this section, "tattoo" means:
(1) any indelible design, letter, scroll, figure, symbol, or othermark placed with the aid of needles or other instruments; or
(2) any design, letter, scroll, figure, or symbol done by scarring;
upon or under the skin.
(b) As used in this section, "body piercing" means the perforationof any human body part other than an earlobe for the purpose ofinserting jewelry or other decoration or for some other nonmedicalpurpose.
(c) Except as provided in subsection (e), a person who providesa tattoo to a person who is less than eighteen (18) years of agecommits tattooing a minor, a Class A misdemeanor.
(d) This subsection does not apply to an act of a health careprofessional (as defined in IC 16-27-2-1) licensed under IC 25 whenthe act is performed in the course of the health care professional'spractice. Except as provided in subsection (e), a person whoperforms body piercing upon a person who is less than eighteen (18)years of age commits body piercing a minor, a Class A misdemeanor.
(e) A person may provide a tattoo to a person who is less thaneighteen (18) years of age or perform body piercing upon a personwho is less than eighteen (18) years of age if a parent or legalguardian of the person receiving the tattoo or undergoing the bodypiercing:
(1) is present at the time the tattoo is provided or the bodypiercing is performed; and
(2) provides written permission for the person to receive thetattoo or undergo the body piercing.
(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined inIC 36-1-2-23) may adopt an ordinance that is at least as restrictive ormore restrictive than this section or a rule adopted underIC 16-19-3-4.1 or IC 16-19-3-4.2.
As added by P.L.181-1997, SEC.3. Amended by P.L.166-1999,SEC.2.
IC 35-42-2-8
Obstruction of delivery of prescription drug
Sec. 8. (a) The following definitions apply throughout thissection:
(1) "Health care provider" refers to a health care provider (asdefined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as describedin IC 16-28-1-11.
(2) "Licensed health professional" has the meaning set forth inIC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth inIC 35-48-1-25.
(b) A person who knowingly or intentionally physically interrupts,obstructs, or alters the delivery or administration of a prescriptiondrug:
(1) prescribed or ordered by a practitioner for a person who isa patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor.However, the offense is a Class D felony if the offense results inbodily injury to the patient.
(c) However, an offense described in subsection (b) is:
(1) a Class C felony if it is committed by a person who is alicensed health care provider or licensed health professional;
(2) a Class B felony if it results in serious bodily injury to thepatient; and
(3) a Class A felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwiseprohibited under this section if the conduct was performed by:
(1) a health care provider or licensed health professional whoacted in good faith within the scope of the person's practice oremployment; or
(2) a person who was rendering emergency care at the scene ofan emergency or accident in a good faith attempt to avoid orminimize serious bodily injury to the patient.
As added by P.L.154-2001, SEC.1.
IC 35-42-2-9
Strangulation
Sec. 9. (a) This section does not apply to a medical procedure.
(b) A person who, in a rude, angry, or insolent manner, knowinglyor intentionally:
(1) applies pressure to the throat or neck of another person; or
(2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the bloodcirculation of the other person commits strangulation, a Class Dfelony.
As added by P.L.129-2006, SEC.2.