CHAPTER 3. INTERFERENCE WITH, FLEEING, OR RESISTING GOVERNMENTAL OPERATIONS
IC 35-44-3
Chapter 3. Interference With, Fleeing, or Resisting GovernmentalOperations
IC 35-44-3-1
Repealed
(Repealed by Acts 1978, P.L.144, SEC.13.)
IC 35-44-3-2
Assisting a criminal; defenses
Sec. 2. (a) A person not standing in the relation of parent, child,or spouse to another person who has committed a crime or is afugitive from justice who, with intent to hinder the apprehension orpunishment of the other person, harbors, conceals, or otherwiseassists the person commits assisting a criminal, a Class Amisdemeanor. However, the offense is:
(1) a Class D felony if the person assisted has committed aClass B, Class C, or Class D felony; and
(2) a Class C felony if the person assisted has committedmurder or a Class A felony, or if the assistance was providinga deadly weapon.
(b) It is not a defense to a prosecution under this section that theperson assisted:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense by reason of insanity.
However, the acquittal of the person assisted for other reasons maybe a defense.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.60; P.L.159-2009, SEC.1.
IC 35-44-3-3 Version a
Resisting law enforcement; mandatory sentence
Note: This version of section amended by P.L.100-2010, SEC.6.See also following version of this section amended by P.L.102-2010,SEC.2.
Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a lawenforcement officer or a person assisting the officer while theofficer is lawfully engaged in the execution of the officer'sduties;
(2) forcibly resists, obstructs, or interferes with the authorizedservice or execution of a civil or criminal process or order of acourt; or
(3) flees from a law enforcement officer after the officer has, byvisible or audible means, including operation of the lawenforcement officer's siren or emergency lights, identifiedhimself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, exceptas provided in subsection (b). (b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and theperson uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection(a), the person draws or uses a deadly weapon, inflictsbodily injury on or otherwise causes bodily injury to anotherperson, or operates a vehicle in a manner that creates asubstantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense describedin subsection (a), the person operates a vehicle in a manner thatcauses serious bodily injury to another person; and
(3) Class B felony if, while committing any offense describedin subsection (a), the person operates a vehicle in a manner thatcauses the death of another person.
(c) For purposes of this section, a law enforcement officerincludes an enforcement officer of the alcohol and tobaccocommission and a conservation officer of the department of naturalresources.
(d) If a person uses a vehicle to commit a felony offense undersubsection (b)(1)(B), (b)(2), or (b)(3), as part of the criminal penaltyimposed for the offense, the court shall impose a minimum executedsentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelatedconviction under this section;
(2) one hundred eighty (180) days, if the person has one (1)prior unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more priorunrelated convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, themandatory minimum sentence imposed under subsection (d) may notbe suspended.
(f) If a person is convicted of an offense involving the use of amotor vehicle under:
(1) subsection (b)(1)(A), if the person exceeded the speed limitby at least twenty (20) miles per hour while committing theoffense;
(2) subsection (b)(2); or
(3) subsection (b)(3);
the court may notify the bureau of motor vehicles to suspend orrevoke the person's driver's license and all certificates of registrationand license plates issued or registered in the person's name inaccordance with IC 9-30-4-6(b)(3) for the period described inIC 9-30-4-6(d)(4) or IC 9-30-4-6(d)(5). The court shall inform thebureau whether the person has been sentenced to a term ofincarceration. At the time of conviction, the court may obtain theperson's current driver's license and return the license to the bureauof motor vehicles.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.61; Acts 1979, P.L.83, SEC.11; P.L.188-1984, SEC.1;
P.L.325-1987, SEC.1; P.L.248-1993, SEC.1; P.L.13-1998, SEC.1;P.L.143-2006, SEC.2; P.L.100-2010, SEC.6.
IC 35-44-3-3 Version b
Resisting law enforcement; mandatory sentence
Note: This version of section amended by P.L.102-2010, SEC.2.See also preceding version of this section amended by P.L.100-2010,SEC.6.
Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a lawenforcement officer or a person assisting the officer while theofficer is lawfully engaged in the execution of the officer'sduties;
(2) forcibly resists, obstructs, or interferes with the authorizedservice or execution of a civil or criminal process or order of acourt; or
(3) flees from a law enforcement officer after the officer has, byvisible or audible means, including operation of the lawenforcement officer's siren or emergency lights, identifiedhimself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, exceptas provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and theperson uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection(a), the person draws or uses a deadly weapon, inflictsbodily injury on or otherwise causes bodily injury to anotherperson, or operates a vehicle in a manner that creates asubstantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense describedin subsection (a), the person operates a vehicle in a manner thatcauses serious bodily injury to another person;
(3) Class B felony if, while committing any offense describedin subsection (a), the person operates a vehicle in a manner thatcauses the death of another person; and
(4) Class A felony if, while committing any offense describedin subsection (a), the person operates a vehicle in a manner thatcauses the death of a law enforcement officer while the lawenforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officerincludes an enforcement officer of the alcohol and tobaccocommission and a conservation officer of the department of naturalresources.
(d) If a person uses a vehicle to commit a felony offense undersubsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminalpenalty imposed for the offense, the court shall impose a minimumexecuted sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated
conviction under this section;
(2) one hundred eighty (180) days, if the person has one (1)prior unrelated conviction under this section; or
(3) one (1) year, if the person has two (2) or more priorunrelated convictions under this section.
(e) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, themandatory minimum sentence imposed under subsection (d) may notbe suspended.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.61; Acts 1979, P.L.83, SEC.11; P.L.188-1984, SEC.1;P.L.325-1987, SEC.1; P.L.248-1993, SEC.1; P.L.13-1998, SEC.1;P.L.143-2006, SEC.2; P.L.102-2010, SEC.2.
IC 35-44-3-3.5
Disarming a law enforcement officer
Sec. 3.5. (a) As used in this section, "officer" includes thefollowing:
(1) A person employed by:
(A) the department of correction;
(B) a law enforcement agency;
(C) a probation department;
(D) a county jail; or
(E) a circuit, superior, county, probate, city, or town court;
who is required to carry a firearm in performance of theperson's official duties.
(2) A law enforcement officer.
(b) A person who:
(1) knows that another person is an officer; and
(2) knowingly or intentionally takes or attempts to take afirearm (as defined in IC 35-47-1-5) or weapon that the officeris authorized to carry from the officer or from the immediateproximity of the officer:
(A) without the consent of the officer; and
(B) while the officer is engaged in the performance of his orher official duties;
commits disarming a law enforcement officer, a Class C felony.However, the offense is a Class B felony if it results in serious bodilyinjury to the officer, and the offense is a Class A felony if it resultsin death to the officer or if a firearm (as defined in IC 35-47-1-5) wastaken and the offense results in serious bodily injury to the officer.
As added by P.L.64-2008, SEC.1.
IC 35-44-3-4
Obstruction of justice; exception
Sec. 4. (a) A person who:
(1) knowingly or intentionally induces, by threat, coercion, orfalse statement, a witness or informant in an official proceedingor investigation to:
(A) withhold or unreasonably delay in producing anytestimony, information, document, or thing; (B) avoid legal process summoning him to testify or supplyevidence; or
(C) absent himself from a proceeding or investigation towhich he has been legally summoned;
(2) knowingly or intentionally in an official criminal proceedingor investigation:
(A) withholds or unreasonably delays in producing anytestimony, information, document, or thing after a courtorders him to produce the testimony, information, document,or thing;
(B) avoids legal process summoning him to testify or supplyevidence; or
(C) absents himself from a proceeding or investigation towhich he has been legally summoned;
(3) alters, damages, or removes any record, document, or thing,with intent to prevent it from being produced or used asevidence in any official proceeding or investigation;
(4) makes, presents, or uses a false record, document, or thingwith intent that the record, document, or thing, material to thepoint in question, appear in evidence in an official proceedingor investigation to mislead a public servant; or
(5) communicates, directly or indirectly, with a juror otherwisethan as authorized by law, with intent to influence the jurorregarding any matter that is or may be brought before the juror;
commits obstruction of justice, a Class D felony.
(b) Subdivision (a)(2)(A) does not apply to:
(1) a person who qualifies for a special privilege underIC 34-46-4 with respect to the testimony, information,document, or thing; or
(2) a person who, as an:
(A) attorney;
(B) physician;
(C) member of the clergy; or
(D) husband or wife;
is not required to testify under IC 34-46-3-1.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.62; Acts 1981, P.L.301, SEC.2; Acts 1982, P.L.195,SEC.3; P.L.1-1998, SEC.197.
IC 35-44-3-5
Escape; failure to return to lawful detention following temporaryleave
Sec. 5. (a) A person, except as provided in subsection (b), whointentionally flees from lawful detention commits escape, a Class Cfelony. However, the offense is a Class B felony if, while committingit, the person draws or uses a deadly weapon or inflicts bodily injuryon another person.
(b) A person who knowingly or intentionally violates a homedetention order or intentionally removes an electronic monitoringdevice or GPS tracking device commits escape, a Class D felony. (c) A person who knowingly or intentionally fails to return tolawful detention following temporary leave granted for a specifiedpurpose or limited period commits failure to return to lawfuldetention, a Class D felony. However, the offense is a Class C felonyif, while committing it, the person draws or uses a deadly weapon orinflicts bodily injury on another person.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.63; P.L.207-1986, SEC.1; P.L.17-1998, SEC.2;P.L.137-2001, SEC.11; P.L.116-2009, SEC.16.
IC 35-44-3-6
Failure to appear
Sec. 6. (a) A person who, having been released from lawfuldetention on condition that he appear at a specified time and place inconnection with a charge of a crime, intentionally fails to appear atthat time and place commits failure to appear, a Class Amisdemeanor. However, the offense is a Class D felony if the chargewas a felony charge.
(b) It is no defense that the accused person was not convicted ofthe crime with which he was originally charged.
(c) This section does not apply to obligations to appear incidentto release under suspended sentence or on probation or parole.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.64.
IC 35-44-3-6.5
Failure to respond to a summons
Sec. 6.5. (a) A person who, having been issued:
(1) a complaint and summons in connection with an infractionor ordinance violation; or
(2) a summons, or summons and promise to appear, inconnection with a misdemeanor violation;
notifying him to appear at a specific time and place, intentionallyfails to appear at the specified time and place commits failure torespond to a summons, a Class C misdemeanor.
(b) It is no defense that judgment was entered in favor of theperson in the infraction or ordinance proceeding or that the personwas acquitted of the misdemeanor for which he was summoned toappear.
As added by Acts 1981, P.L.108, SEC.38. Amended by Acts 1982,P.L.204, SEC.37.
IC 35-44-3-7
Refusal to aid an officer
Sec. 7. A person who, when ordered by a law enforcement officerto assist the officer in the execution of the officer's duties, knowinglyor intentionally, and without a reasonable cause, refuses to assistcommits refusal to aid an officer, a Class B misdemeanor.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.65.
IC 35-44-3-8
Repealed
(Repealed by P.L.191-2001, SEC.2.)
IC 35-44-3-8.5
Obstructing an emergency medical person
Sec. 8.5. (a) A person who knowingly or intentionally obstructsor interferes with an emergency medical person performing orattempting to perform his emergency functions or duties as anemergency medical person commits obstructing an emergencymedical person, a Class B misdemeanor.
(b) "Emergency medical person" means a person who holds acertificate issued by the Indiana emergency medical servicescommission to provide emergency medical services.
As added by Acts 1977, P.L.341, SEC.2.
IC 35-44-3-9
Trafficking with an inmate or child
Sec. 9. (a) As used in this section, "juvenile facility" means thefollowing:
(1) A secure facility (as defined in IC 31-9-2-114) in which achild is detained under IC 31 or used for a child awaitingadjudication or adjudicated under IC 31 as a child in need ofservices or a delinquent child.
(2) A shelter care facility (as defined in IC 31-9-2-117) in whicha child is detained under IC 31 or used for a child awaitingadjudication or adjudicated under IC 31 as a child in need ofservices or a delinquent child.
(b) Except as provided in subsection (d), a person who, withoutthe prior authorization of the person in charge of a penal facility orjuvenile facility knowingly or intentionally:
(1) delivers, or carries into the penal facility or juvenile facilitywith intent to deliver, an article to an inmate or child of thefacility;
(2) carries, or receives with intent to carry out of the penalfacility or juvenile facility, an article from an inmate or child ofthe facility;
(3) delivers, or carries to a worksite with the intent to deliver,alcoholic beverages to an inmate or child of a jail work crew orcommunity work crew; or
(4) possesses in or carries into a penal facility or a juvenilefacility:
(A) a controlled substance; or
(B) a deadly weapon;
commits trafficking with an inmate, a Class A misdemeanor.
(c) If the person who committed the offense under subsection (b)is an employee of:
(1) the department of correction; or
(2) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall impose a mandatory five thousand dollar($5,000) fine under IC 35-50-3-2, in addition to any term ofimprisonment imposed under IC 35-50-3-2.
(d) The offense under subsection (b) is a Class C felony if thearticle is:
(1) a controlled substance;
(2) a deadly weapon; or
(3) a cellular telephone or other wireless or cellularcommunications device.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977,P.L.340, SEC.67; Acts 1981, P.L.300, SEC.2; P.L.223-1996, SEC.1;P.L.183-1999, SEC.2; P.L.243-1999, SEC.2; P.L.30-2004, SEC.1;P.L.128-2009, SEC.2.
IC 35-44-3-9.3
Trafficking with an inmate outside a facility
Sec. 9.3. (a) As used in this section, "contraband" means thefollowing:
(1) Alcohol.
(2) A cigarette or tobacco product.
(3) A controlled substance.
(4) An item that may be used as a weapon.
(b) As used in this section, "inmate outside a facility" means aperson who is incarcerated in a penal facility or detained in ajuvenile facility on a full-time basis as the result of a conviction ora juvenile adjudication but who has been or is being transported toanother location to participate in or prepare for a judicial proceeding.The term does not include the following:
(1) An adult or juvenile pretrial detainee.
(2) A person serving an intermittent term of imprisonment ordetention.
(3) A person serving a term of imprisonment or detention as:
(A) a condition of probation;
(B) a condition of a community corrections program;
(C) part of a community transition program;
(D) part of a reentry court program;
(E) part of a work release program; or
(F) part of a community based program that is similar to aprogram described in clauses (A) through (E).
(4) A person who has escaped from incarceration or walkedaway from secure detention.
(5) A person on temporary leave (as described in IC 11-10-9) ortemporary release (as described in IC 11-10-10).
(c) A person who, with the intent of providing contraband to aninmate outside a facility:
(1) delivers contraband to an inmate outside a facility; or
(2) places contraband in a location where an inmate outside afacility could obtain the contraband;
commits trafficking with an inmate outside a facility, a Class Amisdemeanor. However, the offense is a Class D felony if the
contraband is an item described in subsection (a)(3), and a Class Cfelony if the contraband is an item described in subsection (a)(4).
As added by P.L.173-2006, SEC.34.
IC 35-44-3-9.5
Possessing material capable of causing bodily injury by inmate
Sec. 9.5. A person who knowingly or intentionally whileincarcerated in a penal facility possesses a device, equipment, achemical substance, or other material that:
(1) is used; or
(2) is intended to be used;
in a manner that is readily capable of causing bodily injury commitsa Class C felony. However, the offense is a Class B felony if thedevice, equipment, chemical substance, or other material is a deadlyweapon.
As added by P.L.224-1996, SEC.1.
IC 35-44-3-9.6
Possessing cellular telephone or wireless or cellularcommunications device by an inmate in a county jail
Sec. 9.6. A person who knowingly or intentionally possesses acellular telephone or other wireless or cellular communicationsdevice while incarcerated in a county jail commits a Class Amisdemeanor.
As added by P.L.51-2010, SEC.1.
IC 35-44-3-10
Interference with jury service
Sec. 10. A person who knowingly or intentionally:
(1) dismisses his employee;
(2) deprives his employee of employment benefits; or
(3) threatens such a dismissal or deprivation;
because the employee has received or responded to a summons,served as a juror, or attended court for prospective jury servicecommits interference with jury service, a Class B misdemeanor.
As added by Acts 1977, P.L.26, SEC.20.
IC 35-44-3-11
Repealed
(Repealed by Acts 1977, P.L.342, SEC.2.)
IC 35-44-3-11.1
Interference with witness service
Sec. 11.1. A person who knowingly or intentionally:
(1) dismisses an employee;
(2) deprives an employee of employment benefits; or
(3) threatens such a dismissal or deprivation;
because the employee has received or responded to a subpoena in acriminal proceeding commits interference with witness service, aClass B misdemeanor.As added by P.L.131-1985, SEC.18.
IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergencypurposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles areused in emergency service;
(4) a public service or utility company whose vehicles are usedin emergency service;
(5) a person who has written permission from the chiefexecutive officer of a law enforcement agency to possess apolice radio;
(6) a person who holds an amateur radio license issued by theFederal Communications Commission if the person is nottransmitting over a frequency assigned for police emergencypurposes;
(7) a person who uses a police radio only in the person'sdwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receivelegal advertisements under IC 5-3-1, a wire service, or alicensed commercial or public radio or television station;and
(C) whose name is furnished by his employer to the chiefexecutive officer of a law enforcement agency in the countyin which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or sellingpolice radios; or
(10) a person who possesses or uses a police radio during thenormal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that iscapable of sending or receiving signals transmitted on frequenciesassigned by the Federal Communications Commission for policeemergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in adwelling.As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994,SEC.1.
IC 35-44-3-13
Lifetime parole violation
Sec. 13. (a) A person who is being supervised on lifetime parole(as described in IC 35-50-6-1) and who knowingly or intentionallyviolates a condition of lifetime parole that involves direct or indirectcontact with a child less than sixteen (16) years of age or with thevictim of a crime that was committed by the person commits a ClassD felony if, at the time of the violation:
(1) the person's lifetime parole has been revoked two (2) ormore times; or
(2) the person has completed the person's sentence, includingany credit time the person may have earned.
(b) The offense described in subsection (a) is a Class C felony ifthe person has a prior unrelated conviction under this section.
As added by P.L.139-2006, SEC.5; P.L.140-2006, SEC.34;P.L.173-2006, SEC.35. Amended by P.L.1-2007, SEC.233;P.L.216-2007, SEC.49.