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.