CHAPTER 1. ARSON, MISCHIEF, AND TAMPERING
IC 35-43
ARTICLE 43. OFFENSES AGAINST PROPERTY
IC 35-43-1
Chapter 1. Arson, Mischief, and Tampering
IC 35-43-1-1
Arson
Sec. 1. (a) A person who, by means of fire, explosive, ordestructive device, knowingly or intentionally damages:
(1) a dwelling of another person without the other person'sconsent;
(2) property of any person under circumstances that endangerhuman life;
(3) property of another person without the other person'sconsent if the pecuniary loss is at least five thousand dollars($5,000); or
(4) a structure used for religious worship without the consent ofthe owner of the structure;
commits arson, a Class B felony. However, the offense is a Class Afelony if it results in either bodily injury or serious bodily injury toany person other than a defendant.
(b) A person who commits arson for hire commits a Class Bfelony. However, the offense is a Class A felony if it results in bodilyinjury to any other person.
(c) A person who, by means of fire, explosive, or destructivedevice, knowingly or intentionally damages property of any personwith intent to defraud commits arson, a Class C felony.
(d) A person who, by means of fire, explosive, or destructivedevice, knowingly or intentionally damages property of anotherperson without the other person's consent so that the resultingpecuniary loss is at least two hundred fifty dollars ($250) but lessthan five thousand dollars ($5,000) commits arson, a Class D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,P.L.340, SEC.40; Acts 1980, P.L.159, SEC.4; Acts 1981, P.L.302,SEC.1; Acts 1982, P.L.204, SEC.35; P.L.88-1999, SEC.1;P.L.123-2002, SEC.36.
IC 35-43-1-2
Criminal mischief; penalties
Sec. 2. (a) A person who:
(1) recklessly, knowingly, or intentionally damages or defacesproperty of another person without the other person's consent;or
(2) knowingly or intentionally causes another to sufferpecuniary loss by deception or by an expression of intention toinjure another person or to damage the property or to impair therights of another person;
commits criminal mischief, a Class B misdemeanor. However, theoffense is: (A) a Class A misdemeanor if:
(i) the pecuniary loss is at least two hundred fifty dollars($250) but less than two thousand five hundred dollars($2,500);
(ii) the property damaged was a moving motor vehicle;
(iii) the property damaged contained data relating to aperson required to register as a sex or violent offenderunder IC 11-8-8 and the person is not a sex or violentoffender or was not required to register as a sex or violentoffender;
(iv) the property damaged was a locomotive, a railroad car,a train, or equipment of a railroad company being operatedon a railroad right-of-way;
(v) the property damaged was a part of any railroad signalsystem, train control system, centralized dispatchingsystem, or highway railroad grade crossing warning signalon a railroad right-of-way owned, leased, or operated by arailroad company;
(vi) the property damaged was any rail, switch, roadbed,viaduct, bridge, trestle, culvert, or embankment on aright-of-way owned, leased, or operated by a railroadcompany; or
(vii) the property damage or defacement was caused bypaint or other markings; and
(B) a Class D felony if:
(i) the pecuniary loss is at least two thousand five hundreddollars ($2,500);
(ii) the damage causes a substantial interruption orimpairment of utility service rendered to the public;
(iii) the damage is to a public record;
(iv) the property damaged contained data relating to aperson required to register as a sex or violent offenderunder IC 11-8-8 and the person is a sex or violent offenderor was required to register as a sex or violent offender;
(v) the damage causes substantial interruption orimpairment of work conducted in a scientific researchfacility;
(vi) the damage is to a law enforcement animal (as definedin IC 35-46-3-4.5); or
(vii) the damage causes substantial interruption orimpairment of work conducted in a food processingfacility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship;
(2) a school or community center;
(3) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivision (1) or (2); or
(4) personal property contained in a structure or located at a
facility identified in subdivision (1) or (2);
without the consent of the owner, possessor, or occupant of theproperty that is damaged, commits institutional criminal mischief, aClass A misdemeanor. However, the offense is a Class D felony ifthe pecuniary loss is at least two hundred fifty dollars ($250) but lessthan two thousand five hundred dollars ($2,500), and a Class Cfelony if the pecuniary loss is at least two thousand five hundreddollars ($2,500).
(c) If a person is convicted of an offense under this section thatinvolves the use of graffiti, the court may, in addition to any otherpenalty, order that the person's operator's license be suspended orinvalidated by the bureau of motor vehicles for not more than one (1)year.
(d) The court may rescind an order for suspension or invalidationunder subsection (c) and allow the person to receive a license orpermit before the period of suspension or invalidation ends if thecourt determines that:
(1) the person has removed or painted over the graffiti or hasmade other suitable restitution; and
(2) the person who owns the property damaged or defaced bythe criminal mischief or institutional criminal mischief issatisfied with the removal, painting, or other restitutionperformed by the person.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977,P.L.340, SEC.41; P.L.326-1983, SEC.1; P.L.319-1985, SEC.1;P.L.151-1989, SEC.11; P.L.180-1991, SEC.6; P.L.94-1996, SEC.5;P.L.213-1997, SEC.1; P.L.100-1999, SEC.2; P.L.108-2002, SEC.1;P.L.116-2002, SEC.24; P.L.123-2002, SEC.37; P.L.1-2003, SEC.95;P.L.140-2006, SEC.33 and P.L.173-2006, SEC.33; P.L.216-2007,SEC.48.
IC 35-43-1-2.1
Cemetery mischief
Sec. 2.1. (a) This section does not apply to the following:
(1) A person who acts in a proper and acceptable manner asauthorized by IC 14-21 other than a person who disturbs theearth for an agricultural purpose under the exemption toIC 14-21 that is provided in IC 14-21-1-24.
(2) A person who acts in a proper and acceptable manner asauthorized by IC 23-14.
(b) A person who recklessly, knowingly, or intentionally:
(1) damages a cemetery, a burial ground (as defined inIC 14-21-1-3), or a facility used for memorializing the dead;
(2) damages the grounds owned or rented by a cemetery orfacility used for memorializing the dead; or
(3) disturbs, defaces, or damages a cemetery monument, gravemarker, grave artifact, grave ornamentation, or cemeteryenclosure;
commits cemetery mischief, a Class A misdemeanor. However, theoffense is a Class D felony if the pecuniary loss is at least two
thousand five hundred dollars ($2,500).
As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001,SEC.4.
IC 35-43-1-3
Unlawful acts relating to caves; offense
Sec. 3. (a) As used in this section:
"Cave" means any naturally occurring subterranean cavity,including a cavern, pit, pothole, sinkhole, well, grotto, and tunnelwhether or not it has a natural entrance.
"Owner" means the person who holds title to or is in possessionof the land on or under which a cave is located, or his lessee, oragent.
"Scientific purposes" means exploration and research conductedby persons affiliated with recognized scientific organizations withthe intent to advance knowledge and with the intent to publish theresults of said exploration or research in an appropriate medium.
(b) A person who knowingly and without the express consent ofthe cave owner:
(1) disfigures, destroys, or removes any stalagmite, stalactite, orother naturally occurring mineral deposit or formation, orarcheological or paleontological artifact in a cave, for other thanscientific purposes;
(2) breaks any lock, gate, fence, or other structure designed tocontrol or prevent access to a cave;
(3) deposits trash, rubbish, chemicals, or other litter in a cave;or
(4) destroys, injures, removes, or harasses any cave-dwellinganimal for other than scientific purposes;
commits a Class A misdemeanor.
As added by P.L.177-1983, SEC.2.
IC 35-43-1-4
Computer tampering
Sec. 4. (a) As used in this section:
"Computer network" and "computer system" have the meaningsset forth in IC 35-43-2-3.
"Computer program" means an ordered set of instructions orstatements that, when executed by a computer, causes the computerto process data.
"Data" means a representation of information, facts, knowledge,concepts, or instructions that:
(1) may take any form, including computer printouts, magneticstorage media, punched cards, or stored memory;
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
(b) A person who knowingly or intentionally alters or damages acomputer program or data, which comprises a part of a computersystem or computer network without the consent of the owner of the
computer system or computer network commits computer tampering,a Class D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purposeof terrorism; and
(2) Class B felony if the offense is committed for the purposeof terrorism and results in serious bodily injury to a person.
As added by P.L.35-1986, SEC.2. Amended by P.L.156-2001,SEC.11.
IC 35-43-1-5
Tampering with a water supply; poisoning
Sec. 5. (a) A person who, with the intent to cause serious bodilyinjury, tampers with a:
(1) water supply;
(2) water treatment plant (as defined in IC 13-11-2-264); or
(3) water distribution system (as defined in IC 13-11-2-259);
commits tampering with a water supply, a Class B felony. However,the offense is a Class A felony if it results in the death of any person.
(b) A person who recklessly, knowingly, or intentionally poisonsa public water supply with the intent to cause serious bodily injurycommits poisoning, a Class B felony.
As added by P.L.137-2007, SEC.35. Amended by P.L.231-2007,SEC.3.