Indiana Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Indiana criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Indiana
- How much theft is a felony
- Theft (knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use) is a Class A misdemeanor. Ind. Code § 35-43-4-2(a), (a)(1)(A) (2019), as quoted in Hunt v. State, No. 26A-CR-345 (Ind. Ct. App. Oct. 7, 2026) (mem.)
- Stand your ground / duty to retreat
- Indiana has a statutory stand-your-ground rule: a person "(1) is justified in using deadly force; and (2) does not have a duty to retreat; Ind. Code § 35-41-3-2(c), as quoted in Turner v. State, No. 24S-CR-147 (Ind. Mar. 12, 2025)
- Criminal statutes of limitations
- Murder, and Level 1 and Level 2 felonies, may be prosecuted at any time (§ 35-41-4-2(c), (d)). Other felonies (Levels 3 through 6) must be charged within five (5) years after the offense, and misdemeanors within two (2) years (§ 35-41-4-2(a)). Ind. Code § 35-41-4-2
- Marijuana possession
- Marijuana possession is a crime in Indiana. Knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, growing marijuana, or failing to destroy marijuana known to be growing on one's premises is a Class B misdemeanor (up to one hundred eighty (180) days and a fine of… Ind. Code §§ 35-48-4-11, 35-50-3-3
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Indiana grades felonies as murder and Levels 1 through 6 (for crimes committed after June 30, 2014), each with a fixed term between a minimum and maximum, an advisory sentence, and a possible fine of not more than ten thousand dollars ($10,000). Murder: between forty-five (45) and sixty-five (65) years, advisory fifty-five (55) years; a person at least eighteen may instead be sentenced to death or life imprisonment without parole, and a person at least sixteen but under eighteen to life imprisonment without parole, under § 35-50-2-9. Level 1: between twenty (20) and forty (40) years, advisory thirty (30) years (between twenty (20) and fifty (50) years for certain Level 1 child molesting offenses). Level 2: between ten (10) and thirty (30) years, advisory seventeen and one-half (17 1/2) years. Level 3: between three (3) and sixteen (16) years, advisory nine (9) years. Level 4: between two (2) and twelve (12) years, advisory six (6) years. Level 5: between one (1) and six (6) years, advisory three (3) years. Level 6: between six (6) months and two and one-half (2 1/2) years, advisory one (1) year; the court may enter a Level 6 felony as a Class A misdemeanor, with listed exceptions. Read in the 2026 Indiana Code, Title 35, on the Indiana General Assembly site (iga.in.gov). Older Class A-D felony terms in the same sections apply only to crimes committed before July 1, 2014. |
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| Misdemeanor classes and maximum penalties | Indiana has Class A, B and C misdemeanors. Class A: a fixed term of not more than one (1) year and a fine of not more than five thousand dollars ($5,000). Class B: not more than one hundred eighty (180) days and a fine of not more than one thousand dollars ($1,000). Class C: not more than sixty (60) days and a fine of not more than five hundred dollars ($500). Read in the 2026 Indiana Code, Title 35, on the Indiana General Assembly site (iga.in.gov). |
| How much theft is a felony | Theft (knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use) is a Class A misdemeanor. It is a Level 6 felony if the value of the property is at least $750 but less than $50,000. |
Self-defense
| Stand your ground / duty to retreat | Indiana has a statutory stand-your-ground rule: a person "(1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony." The statute also says no person, employer or estate of a person shall be placed in legal jeopardy of any kind for protecting the person or a third person by reasonable means necessary. |
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| Castle doctrine (defending your home) | A person is justified in using reasonable force, including deadly force, against any other person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle. |
Charges, bail and your lawyer
| Criminal statutes of limitations | Murder, and Level 1 and Level 2 felonies, may be prosecuted at any time (§ 35-41-4-2(c), (d)). Other felonies (Levels 3 through 6) must be charged within five (5) years after the offense, and misdemeanors within two (2) years (§ 35-41-4-2(a)). Child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor and incest must be charged before the alleged victim reaches thirty-one (31) years of age (§ 35-41-4-2(e)); other sex offenses against a child have a ten (10)-year period, or four (4) years after the child is no longer the accused's dependent, whichever is later (§ 35-41-4-2(m)). DNA evidence can extend the deadline for Level 3, 4 and 5 felonies to one (1) year after the state discovers, or could have discovered, the DNA evidence (§ 35-41-4-2(b)). The time does not run while the accused is not usually and publicly resident in Indiana or hides to avoid service, or conceals evidence of the offense (§ 35-41-4-2(h)). Read in the 2026 Indiana Code, Title 35, on the Indiana General Assembly site (iga.in.gov). Source: Ind. Code § 35-41-4-2 |
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| Bail and pretrial release | Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Bail-retention statute described by the Indiana Commission on Court Appointed Attorneys: https://www.in.gov/ccaa/files/PD-Fees-and-Use-of-Bail-updated-8-2-24-v2.pdf |
| Right to a public defender | Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Indiana Commission on Court Appointed Attorneys (formerly Public Defender Commission), 'Public Defense Fees and Use of Bail', updated Aug. 2, 2024. |
Other common questions
| Age of consent | Indiana's criminal code does not use the phrase 'age of consent'; it sets ages in its sex-offense statutes. A person at least eighteen (18) years of age who performs or submits to sexual intercourse or other sexual conduct with a child less than sixteen (16) years of age commits sexual misconduct with a minor, a Level 5 felony, or a Level 4 felony if the person is at least twenty-one (21) (§ 35-42-4-9(a)). Sexual intercourse or other sexual conduct with a child under fourteen (14) years of age is child molesting, a Level 3 felony, or a Level 1 felony if the person is at least twenty-one (21) or other aggravating facts apply (§ 35-42-4-3(a)). Close-in-age defense: it is a defense to sexual misconduct with a minor if the person is not more than four (4) years older than the victim, they were in a dating or ongoing personal relationship, the person is under twenty-one (21), and no force, weapon, serious injury, drugging or position of authority was involved, among other conditions (§ 35-42-4-9(e)). It is also a defense that the accused reasonably believed the child was at least sixteen (16), or that the child is or has been married (§ 35-42-4-9(c), (d)). Read in the 2026 Indiana Code, Title 35, on the Indiana General Assembly site (iga.in.gov). |
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| Marijuana possession | Marijuana possession is a crime in Indiana. Knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, growing marijuana, or failing to destroy marijuana known to be growing on one's premises is a Class B misdemeanor (up to one hundred eighty (180) days and a fine of up to one thousand dollars ($1,000), § 35-50-3-3) (§ 35-48-4-11(a)). It is a Class A misdemeanor if the person has a prior conviction for a drug offense, or if the product is packaged to look like low THC hemp extract and the person knew or reasonably should have known it was marijuana (§ 35-48-4-11(b)). It is a Level 6 felony if the person has a prior drug-offense conviction and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish or salvia (§ 35-48-4-11(c)). Read in the 2026 Indiana Code, Title 35, on the Indiana General Assembly site (iga.in.gov). |
Assault, battery and domestic violence
| Assault | Indiana has no crime called assault; a physical attack is charged as battery. Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor (up to 180 days and a $1,000 fine); it is a Class A misdemeanor (up to one year and a $5,000 fine) when it results in bodily injury. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony (3 to 16 years). Culvahouse: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=S94vEec8KZsViqJQ5so4HfUammeIVmUaSFEJOljedlDGRfdpe1DmMO82bzMrbxfH0 ; McCaster: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=mNx3DVxgeKGVcDXEmg-I3CkSlxyt69PKym4KW4TmYxFVdSAu1i4iyUoZpGgmBnme0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
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| Battery | Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor. It is a Class A misdemeanor when it results in bodily injury, and a Level 6 felony (6 months to 2.5 years) when committed by a person 18 or older against a child under 14. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony. Anders: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=BfQnk0Z5A-1uqdi8v-Z20nByPke9r_zuzPRGSvhiia-zZ1LsN6fB0YRiVZti8Gx10 ; McCaster: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=mNx3DVxgeKGVcDXEmg-I3CkSlxyt69PKym4KW4TmYxFVdSAu1i4iyUoZpGgmBnme0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Domestic violence | Indiana has a separate crime of domestic battery: knowingly or intentionally touching a family or household member in a rude, insolent or angry manner (or placing bodily fluid or waste on them in that manner), a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony (6 months to 2.5 years) if, among other things, the offender has a previous unrelated battery or strangulation conviction; the offender is at least 18 and commits it in the physical presence of a child under 16, knowing the child was present and might see or hear it; it causes moderate bodily injury; or it violates a protection order or no-contact order. It is a Level 5 felony (1 to 6 years) if, for example, it causes serious bodily injury or is committed with a deadly weapon. Separately, strangulation (in a rude, angry or insolent manner applying pressure to another person's throat, neck or torso, or obstructing their nose or mouth, in a way that impedes normal breathing or blood circulation) is a Level 6 felony regardless of the relationship, and a Level 5 felony against a victim known to be pregnant or with a prior strangulation conviction. Mitchell: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=QdymSlk1Pu0JneTS5fTEAPPR2KD8NjckoOH4c36exjjyIsNQZbeUodlnARmK-GGl0 ; strangulation (McCaster): https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=mNx3DVxgeKGVcDXEmg-I3CkSlxyt69PKym4KW4TmYxFVdSAu1i4iyUoZpGgmBnme0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. |
| Harassment and stalking | Stalking is a knowing or intentional course of conduct involving repeated or continuing harassment of another person that would make a reasonable person feel terrorized, frightened, intimidated or threatened and actually does. It is a Level 6 felony; a Level 5 felony if it involves a protective order to prevent domestic or family violence, a no-contact order, or a pretrial-release order the person knew of; and a Level 4 felony if the person has an unrelated prior stalking conviction against the same victim. Separately, harassment, communicating with someone by phone call, text, computer network or other electronic communication with intent to harass, annoy or alarm and no intent of legitimate communication, is a Class B misdemeanor (up to 180 days). Luke (Level 4): https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=wYvIw4KFcXv9gqd4AKjzP9t8Fj9snNjiVpXM_8Pw7ipzYnb3b-iNxOVSLNP9fj8B0 ; Moone: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=ZXx8Z5T5ZP7_vu0cE8VXTi-OAM-4BCykVVWcdRUaVKE5lnnxx1y9gwL7vGb0iUK10 ; harassment (Alexander): https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=apaG7Ea6Ef-egKOAN49gMPO1O5pTzcs0CjKDAfyv-L58NOnaMKZpIaOgRQlaP6K60 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Indiana charges shoplifting as theft: knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use. Theft is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000, when the property is worth less than $750. It is a Level 6 felony (6 months to 2.5 years and up to $10,000) if the property is worth at least $750 but less than $50,000, or if the person has a prior unrelated conviction for theft, criminal conversion, robbery or burglary, and a Level 5 felony (1 to 6 years) if the property is worth $50,000 or more or is a firearm. Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. |
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| Burglary and robbery | Burglary is breaking and entering another person's building or structure with intent to commit a felony or theft inside; it is a Level 5 felony (1 to 6 years), and a Level 4 felony (2 to 12 years) if the building is a dwelling. Even slight force, such as opening an unlocked door, counts as breaking. Robbery is knowingly or intentionally taking property from another person or their presence by using or threatening force or by putting someone in fear; it is a Level 5 felony, a Level 3 felony (3 to 16 years) if committed while armed with a deadly weapon or if it results in bodily injury to someone other than the defendant, and a Level 2 felony (10 to 30 years) if it results in serious bodily injury. Robbery (Eversole): https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=jrVyYVP2bESNgvlnoxPuszUK2pZC00brfGHB2tBcWcy4IF-FX8LwYzG803j9pBir0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Vandalism (property damage) | Vandalism is called criminal vandalism in Indiana (formerly criminal mischief): recklessly, knowingly or intentionally damaging or defacing another person's property without consent. It is a Class B misdemeanor (up to 180 days and a $1,000 fine). It is a Class A misdemeanor (up to one year and a $5,000 fine) if the loss is at least $750 but less than $50,000, or if the damage is to a place of worship, a school or community center, a cemetery or certain other listed property. It is a Level 6 felony (6 months to 2.5 years) if the loss is $50,000 or more, the damage substantially interrupts utility service to the public, the damage is to a public record, or in certain other listed cases. Byrd: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=VdJRydhyB4gNVSuLmwoL9-y6EVIoI9AGy1KjvWkQDqv64_sX28LBEIYdHHIkY7oQ0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. Source: Ind. Code § 35-43-1-2(b)-(d) |
| Trespassing | Criminal trespass includes knowingly or intentionally entering another person's real property, without a contractual interest in it, after being denied entry by the owner, the owner's agent or a law enforcement officer acting for them; refusing to leave after being asked; and entering another person's dwelling without consent. Entry can be denied by personal communication (oral or written), a notice posted at the main entrance, a court or hearing-authority order, or purple paint marks on trees or posts. Criminal trespass is a Class A misdemeanor (up to one year and a $5,000 fine), and a Level 6 felony if committed on school property, a school bus, a public utility facility or a scientific research facility, or by someone with a prior trespass conviction concerning the same property. Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. Source: Ind. Code § 35-43-2-2(b), (c) |
Drugs and driving crimes
| Drug possession | Knowingly possessing a narcotic drug classified in schedule I or II (such as fentanyl, a Schedule II narcotic opioid) without a valid prescription is charged as a Level 6 felony (6 months to 2.5 years). Knowingly or intentionally possessing methamphetamine without a valid prescription is also charged as a Level 6 felony in the basic case. Jackson: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=QLpvoIvbUfpKE5iG4f7UJmh2EnRS-MIGJnXkiEc3JbL8eofx-dVZEMa3RIS_mEaK0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
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| Hit and run | The driver of a motor vehicle involved in a crash must stop at or as close as possible to the scene and remain until giving their name, address and vehicle registration number and showing their driver's license; if someone is hurt or killed, the driver must also give reasonable assistance and promptly notify police or 911. Knowingly or intentionally failing to do so is a Class B misdemeanor (up to 180 days and a $1,000 fine). It is a Class A misdemeanor if the crash causes bodily injury to another person; a Level 6 felony if it causes moderate or serious bodily injury, or the driver has certain driving-offense convictions in the previous five years; a Level 4 felony (2 to 12 years) if it causes death or catastrophic injury; and a Level 3 felony if the driver leaves during or after committing operating while intoxicated causing serious bodily injury, death or catastrophic injury. Nipple: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=xnNnqr-RfjBkMDGq-D7HeDaOn54oYBbSiPhDNmAibIvKjps8cWj5CzchkrHgXKVZ0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. Source: Ind. Code § 9-26-1-1.1(a), (b) |
| Reckless driving | Reckless driving includes driving at an unreasonably high or unreasonably low speed under circumstances that endanger others. The basic offense is charged as a Class C misdemeanor (up to 60 days and a $500 fine), and reckless driving that results in bodily injury is charged as a Class A misdemeanor (up to one year). Bodily-injury charge: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=iwaZqV7oiYC3xh0MqHct8OnarhQYuCPgRQcCiB-39sN7lJ-CFzuLdYPX4cPJJxsC0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
Arrests, court dates and probation
| Resisting arrest | Resisting law enforcement includes knowingly or intentionally forcibly resisting, obstructing or interfering with an officer who is lawfully doing their duties, or fleeing from an officer after the officer, by visible or audible means such as a siren or emergency lights, has identified himself or herself and ordered the person to stop; it is a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony if the person uses a vehicle to commit it (with a mandatory minimum executed sentence), and a Level 5 felony (1 to 6 years) if the person draws or uses a deadly weapon, causes moderate bodily injury, or drives in a way that creates a substantial risk of bodily injury; higher felony levels apply when the driving causes serious bodily injury, catastrophic injury or death. Deadly weapon: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=jul7UdKeUmqxN5PoVNesCqC2xvz-s2ozv7VOIA5SD1Wqr3uEt0M55hMaehhzlNLg0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. |
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| Missing a court date | Missing court after being released from custody on the condition of appearing at a set time and place, in connection with a criminal charge, is called failure to appear in Indiana. Intentionally failing to appear is a Class A misdemeanor (up to 1 year and $5,000), but it is a Level 6 felony (6 months to 2.5 years) if the underlying charge was a felony. It is no defense that the person was later not convicted of the original charge. The offense does not apply to appearances tied to a suspended sentence, probation or parole. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Probation violation | A judge decides probation violations. When a petition to revoke is filed, the court may issue a summons, or an arrest warrant if the person may flee or harm others, and this pauses the probation period. The court must hold a hearing (a person held without bail may not be jailed more than 15 days without one) unless the person admits the violation and waives the hearing; the State must prove the violation by a preponderance of the evidence, in open court, with the right to confront witnesses and to a lawyer. If a violation is found, the court may continue probation with or without changed conditions, extend probation for not more than one (1) year beyond the original period, or order all or part of the suspended sentence served. Probation cannot be revoked for failure to pay unless the failure to pay was reckless, knowing or intentional. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Obstruction of justice | Obstruction of justice covers knowingly or intentionally getting a witness or informant (by threat, coercion, a false statement or an offer of anything of value) to withhold evidence, avoid a subpoena, stay away, or lie; personally avoiding legal process or refusing court-ordered evidence; altering, damaging or removing evidence; using false evidence to mislead a public servant; or improperly contacting a juror. It is a Level 6 felony (6 months to 2.5 years). It becomes a Level 5 felony (1 to 6 years) when, during a domestic violence or child abuse case, a person bribes, threatens, intimidates or unlawfully persuades a witness not to testify or to give a false statement. Threatening a witness in a pending criminal case against the person is also Level 6 felony intimidation. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Perjury (lying under oath) | Perjury is making a false, material statement under oath or affirmation, knowing it is false or not believing it is true, or knowingly making two or more material statements in a court or grand jury proceeding that are so inconsistent that one must be false. Perjury is a Level 6 felony, punishable by 6 months to 2.5 years and a fine of up to $10,000. For inconsistent statements, the charge need not say which statement was false. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
Public conduct crimes
| Public intoxication | Being drunk in public is a crime in Indiana only if something more happens. It is a Class B misdemeanor (up to 180 days and $1,000) to be in a public place or place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance if the person endangers their own life, endangers another person's life, breaches the peace or is in imminent danger of breaching the peace, or harasses, annoys or alarms another person. Indiana's appeals court has explained that the legislature added these elements so that something more than mere intoxication is required, and that actual endangerment, not speculation about what might happen, must be shown. Statute text taken from the court's quotation (which abbreviates the list of substances other than alcohol). Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified and corrected 2026-10-27. Source: Ind. Code § 7.1-5-1-3(a) |
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| Disorderly conduct | Disorderly conduct is recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly. It is a Class B misdemeanor (up to 180 days and $1,000). It becomes a Level 6 felony if it adversely affects airport security at an airport, or if it is committed within 500 feet of a burial, funeral procession, funeral, memorial service or viewing and adversely affects it. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Indecent exposure | Indiana calls this public indecency: knowingly or intentionally, in a public place, having sex, engaging in other sexual conduct, fondling genitals, or appearing nude with intent to arouse sexual desire. It is a Class A misdemeanor, as is an adult appearing nude in public intending to be seen by a child under 16; either becomes a Level 6 felony with a prior unrelated public indecency conviction. Separate lesser offenses exist: "indecent exposure" (sexual conduct or nudity in a non-public place meant to be seen by outsiders) is a Class C misdemeanor, and public nudity ranges from a Class C misdemeanor to a Class A misdemeanor (in parks or on school grounds), with a Level 6 felony for certain repeat offenses. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Prostitution and solicitation | Prostitution is a person 18 or older knowingly or intentionally performing, offering or agreeing to perform sexual intercourse or other sexual conduct, or fondling genitals, for money or other property. It is a Class A misdemeanor (up to 1 year and $5,000), and a Level 6 felony if the person has two prior prostitution convictions; being a victim of human trafficking is a defense. Paying or offering to pay for sex is called making an unlawful proposition: also a Class A misdemeanor, and a Level 6 felony with two prior convictions under that section; it is no defense that the other person was an undercover officer. Prostitution is not legal anywhere in Indiana. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Gambling | Legal gambling in Indiana is limited to what the state licenses. The Indiana Gaming Commission licenses and oversees the state's 13 casinos, regulates sports wagering (established by House Enrolled Act 1015-2019 and contained in Indiana Code 4-38, with both retail and mobile wagering authorized), paid fantasy sports, and charity gaming such as bingo, raffles, charity game nights and pull tabs run by qualified nonprofits. Knowingly or intentionally engaging in other gambling is unlawful gambling, a Class B misdemeanor (up to 180 days and $1,000). An operator who uses the Internet to run unlawful gambling in Indiana or with a person in Indiana commits a Level 6 felony. Sports wagering page: https://www.in.gov/igc/sports-wagering-and-paid-fantasy-sports . Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
Fraud, embezzlement and blackmail
| Embezzlement | Indiana has no separate embezzlement crime; an employee or other trusted person who takes or keeps someone else's money or property is charged with theft (knowingly or intentionally exerting unauthorized control over another's property with intent to deprive the owner of its value or use) or with criminal conversion (the same conduct without proof of intent to deprive). Theft is a Class A misdemeanor, a Level 6 felony if the value is at least $750 but less than $50,000 (or with certain prior theft-type convictions), and a Level 5 felony if the value is at least $50,000. Criminal conversion is a Class A misdemeanor. The $750 / $50,000 theft tiers are also quoted in Hunt v. State, No. 26A-CR-345 (Ind. Ct. App. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
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| Fraud and identity theft | Identity theft is called identity deception in Indiana: with intent to harm or defraud another person, knowingly or intentionally obtaining, possessing, transferring or using someone's identifying information to pretend to be that person. It is a Level 6 felony, and a Level 5 felony if it involves the information of more than 100 people, causes fraud or harm worth at least $50,000, or uses the information of the offender's own minor child, dependent or ward. It is no defense that no one was actually harmed. Credit card and other financial fraud is generally charged under the fraud statute, a Class A misdemeanor that becomes a Level 6 felony when, for example, the loss is at least $750 but less than $50,000, the victim is an endangered adult or a minor, or the person has a recent prior fraud-type conviction. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Forgery | Forgery is, with intent to defraud, making, uttering (passing) or possessing a written instrument made to look as if it was made by another person, at another time, with different terms, or with authority that was not given. Forgery is a Level 6 felony (6 months to 2.5 years and up to $10,000). Doing the same without intent to defraud (or possessing more than one such instrument) is counterfeiting, also a Level 6 felony. Indiana's separate check-deception statute was repealed in 2021; bad-check schemes are generally charged as fraud. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
| Blackmail (extortion) | Blackmail and extortion are charged as intimidation in Indiana: communicating a threat with the intent to make someone act against their will, to place someone in fear of retaliation for a lawful act, or to make someone fear the threat will be carried out. A "threat" includes threatening to injure someone or damage property, commit a crime, withhold official action or testimony, expose a person to hatred, contempt, disgrace or ridicule, or falsely harm someone's credit or business reputation. Intimidation is a Class A misdemeanor; it is a Level 6 felony if, for example, the threat is to commit a forcible felony, targets a witness, or relates to the victim's job, and a Level 5 felony if the person draws or uses a deadly weapon or threatens a judge or prosecutor. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | Indiana has a single crime of murder, not degrees: knowingly or intentionally killing another person, killing someone while committing or attempting listed felonies (such as arson, burglary, child molesting, kidnapping, rape, robbery or human trafficking), killing someone while dealing listed drugs, or knowingly or intentionally killing a fetus. Murder carries 45 to 65 years in prison (advisory 55 years). A person 18 or older may instead be sentenced to death or life imprisonment without parole, and a person 16 or 17 to life without parole, when the aggravating circumstances in IC 35-50-2-9 are proved. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
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| Manslaughter (voluntary, involuntary, vehicular) | Voluntary manslaughter is knowingly or intentionally killing a person while acting under 'sudden heat', which reduces what would otherwise be murder; it is a Level 2 felony (10 to 30 years). Involuntary manslaughter is killing a person while committing a battery, or a Level 5 or 6 felony or Class A misdemeanor that inherently risks serious bodily injury; it is a Level 5 felony (1 to 6 years). Reckless homicide (recklessly killing another person, which covers reckless driving deaths) is also a Level 5 felony. Causing a death or catastrophic injury while driving with a 0.08 alcohol concentration, a schedule I or II drug in the blood, or while intoxicated is a Level 4 felony (2 to 12 years). Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. OWI causing death: https://iga.in.gov/ic/2026/Title_9.html. |
| Child endangerment | Neglect of a dependent is when a person caring for a dependent (such as a child) knowingly or intentionally places the dependent in a situation that endangers life or health, abandons or cruelly confines the dependent, or deprives the dependent of necessary support or required education; it is a Level 6 felony (6 months to 2.5 years). It becomes a Level 5 felony if it causes bodily injury or occurs where certain drugs are being dealt or made, a Level 3 felony if it causes serious bodily injury, and a Level 1 felony (20 to 40 years) when an adult's neglect causes the death or catastrophic injury of a dependent under 14 or a dependent with a disability. Contributing to the delinquency of a minor (an adult encouraging or causing a child to commit a delinquent act) is a Class A misdemeanor, but becomes a felony when the child's act would be a felony, when an adult 21 or older involves a child under 16, or when furnishing alcohol or drugs causes a death (Level 5). Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Defenses in 35-46-1-4(c) include safe-haven newborn surrender, treatment by spiritual means and a reasonable belief that an independent activity was not dangerous. |
| Arson | Arson is knowingly or intentionally damaging, by fire, explosive or destructive device, another person's dwelling without consent, any property in a way that endangers human life, another's property causing a loss of $5,000 or more, or a place of worship; it is a Level 4 felony (2 to 12 years), rising to Level 3 if someone other than the defendant suffers bodily injury and Level 2 if someone suffers serious bodily injury. Arson for hire is graded the same way. Burning property to defraud, or damaging another's property with a loss of $250 to less than $5,000, is a Level 6 felony. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
| Human trafficking | Using force, threats, coercion or fraud to recruit, harbor, obtain or transport someone for labor or services (promotion of human labor trafficking), or to cause someone to marry, engage in prostitution or participate in sexual conduct (promotion of human sexual trafficking), is a Level 4 felony (2 to 12 years). Recruiting, enticing, harboring or transporting a child under 18 for prostitution or sexual performance, or a child under 16 for sexual conduct, is a Level 3 felony (3 to 16 years), and the child's consent is no defense. An adult who sells or transfers custody of a child for prostitution or sexual conduct commits child sexual trafficking, a Level 2 felony (10 to 30 years); paying or offering a benefit to obtain the act a trafficking victim was trafficked for is a Level 4 felony. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
| Money laundering | Money laundering is knowingly or intentionally acquiring, hiding, possessing, moving, transacting with, or investing the proceeds of criminal activity, knowing they come from crime. It is a Level 6 felony (6 months to 2.5 years), a Level 5 felony (1 to 6 years) if the proceeds are worth $50,000 or more or the purpose is terrorism or obtaining a weapon of mass destruction, and a Level 4 felony (2 to 12 years) if both apply. There are defenses for helping lawful seizures and for bona fide attorney fees. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
Online crimes and teens
| Revenge porn (sharing intimate images) | Indiana's 'distribution of an intimate image' law makes it a crime to distribute a photo, video or computer-generated image showing sexual intercourse, other sexual conduct, or uncovered buttocks, genitals or female breast, when the person knows or reasonably should know the depicted person does not consent. It is a Class A misdemeanor (up to 1 year and $5,000) and a Level 6 felony with a prior conviction; exceptions include reporting a crime, criminal investigations, court orders and news reporting. Victims can also sue for disclosure of nonconsensual pornography under IC 34-21.5 when an intimate image obtained in private or by false pretenses is disclosed to harass, intimidate, embarrass, profit or cause injury. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Civil action: https://iga.in.gov/ic/2026/Title_34.html. |
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| Cyberbullying | Indiana's harassment law covers using a computer network or other electronic communication, with intent to harass, annoy or alarm and no intent of legitimate communication, to communicate with a person or send obscene messages; it is a Class B misdemeanor (up to 180 days and $1,000). Separately, the school code defines 'bullying' to include repeated communications or images sent digitally or electronically by students against another student, and requires schools to address it; that school law does not itself carry a criminal penalty. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. School bullying definition: https://iga.in.gov/ic/2026/Title_20.html. |
| Sexting by minors | Indiana has a special offense for teens, 'indecent display by a youth': a person under 18 who, by phone, social media or another wireless device, makes, shares or possesses sexual images of a child 12 or older commits a Class A misdemeanor rather than the child exploitation felonies, but only if the person is no more than 4 years older than the person depicted or receiving the image, they were dating or in an ongoing personal (non-family) relationship, and the other person went along with it. The child exploitation statute also gives a defense to people under 22 in a dating or ongoing personal relationship who are within 4 years in age, when the image was shared by phone or social media with the other person's acquiescence, unless the image was passed on to others, depicts someone else, or violated a protective or no-contact order; a minor can raise this in a pretrial hearing and have charges dismissed. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
| Underage drinking and fake IDs | It is a Class C misdemeanor (up to 60 days and $500) for a minor (under 21) to knowingly possess or consume alcohol, or to transport it on a public highway without a parent or guardian. If the minor drank or transported alcohol while driving, the court may suspend driving privileges for up to one year, and must suspend them for at least 60 days if the minor is under 18. Lying about age or presenting a false ID to buy alcohol is a Class C misdemeanor, merely possessing a fake ID to violate the alcohol laws is a Class C infraction, and selling or giving a minor a fake ID is a Class C misdemeanor. A person who seeks medical help for someone or reports a sex offense or crime may be immune under IC 7.1-5-1-6.5. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. The Indiana State Excise Police page (https://www.in.gov/atc/isep/alcohol-enforcement/rules-and-laws) summarizes the same possession rule. |
| Animal cruelty | Knowingly or intentionally abusing a vertebrate animal is cruelty to an animal, a Class A misdemeanor (up to 1 year and $5,000). It is a Level 6 felony (6 months to 2.5 years) if the person has a prior conviction, acts to threaten or terrorize a family or household member, commits it in front of a minor, or the animal is permanently disfigured, made unconscious, seriously impaired or killed. Torturing or mutilating a vertebrate animal, and killing someone else's domestic animal without consent, are Level 6 felonies. Recklessly, knowingly or intentionally abandoning or neglecting an animal in one's custody is a Class A misdemeanor, a Level 6 felony with a prior conviction, in front of a minor, with serious harm or death, or when a person with 10 or more animals fails to provide adequate food, water and shelter; the court must consider ordering counseling. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while your license or driving privileges are suspended or revoked is a Class A infraction (judgment up to $10,000), not a crime, in the ordinary case. It is a Class A misdemeanor (up to 1 year and $5,000) if you knew of the suspension and had a prior judgment for driving while suspended within 10 years, or if you knew of it and the suspension came from a criminal conviction. A knowing violation where the suspension stemmed from a conviction becomes a Level 6 felony if it causes bodily injury and a Level 5 felony if it causes death or catastrophic injury. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. |
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| Driving without a license | Knowingly driving on a highway when you have never received a valid driver's license is a Class C misdemeanor (up to 60 days and $500); it is a Class A misdemeanor with a prior conviction or if it causes bodily injury, a Level 6 felony if it causes serious bodily injury, and a Level 5 felony if it causes death or catastrophic injury. The defendant has the burden to prove a valid license was issued. A licensed driver must keep a physical license in immediate possession while driving and show it to police or a court on demand; violating this is a Class C infraction (judgment up to $500). Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Infraction judgments: IC 34-28-5-4 (Class A up to $10,000; Class B up to $1,000; Class C up to $500). |
| Open container in a car | Anyone in a motor vehicle, driver or passenger, who possesses an opened container, a container with a broken seal, or one with some contents removed, in the passenger compartment while the vehicle is being driven or is on a public highway right-of-way commits a Class C infraction (judgment up to $500). It does not apply to passengers in vehicles carrying people for pay (such as limousines and buses) or in the living quarters of a motor home or house trailer, or to containers in a locked fixed console or, in vehicles without a trunk, behind the last upright seat. It is not treated as a moving violation and carries no license points. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Infraction judgments: IC 34-28-5-4 (Class A up to $10,000; Class B up to $1,000; Class C up to $500). Source: IC 9-30-15-3; IC 34-28-5-4(c) |
| Jaywalking | Pedestrians must obey traffic-control devices that apply to them, must yield to all vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, may cross only in a marked crosswalk between adjacent intersections with working signals, may not cross intersections diagonally unless signals allow it, and may not suddenly step off a curb into the path of a vehicle too close to stop. Violating the pedestrian chapter is a Class C infraction, with a judgment of up to $500 (not a crime). Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Infraction judgments: IC 34-28-5-4 (Class A up to $10,000; Class B up to $1,000; Class C up to $500). |
| Knife laws | Making, possessing, selling or buying a knife whose blade can be shot from the handle as a projectile by gas, a spring or another device (a ballistic knife) is a Class B misdemeanor. Possessing a knife intended as a weapon (including daggers, dirks, stilettos, switchblades, gravity knives and throwing stars) on school property, a school bus or a special purpose bus is a Class B misdemeanor, a Class A misdemeanor with a prior conviction, and a Level 6 felony if someone is injured; it does not apply to knives authorized by the school or secured in a motor vehicle. Indiana's weapons chapter on prohibited instruments of violence contains no switchblade ban and no blade-length limit; outside schools, the Criminal Code restricts only ballistic knives by type. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Reviewed IC 35-47-5 (Prohibited Instruments of Violence, all sections incl. repealed) and searched all of IC Title 35 for 'knife', 'knives' and 'switchblade' on 2026-10-27; no other knife provision found. |
| Fireworks | Consumer fireworks may be sold to people 18 or older, and may be used only on your own property, on someone else's property with permission, or at a special discharge location. Use is allowed from 9 a.m. to 11 p.m., and until midnight on state holidays and December 31; cities and counties may restrict use by ordinance, but not from 5 p.m. to two hours after sunset on June 29 to July 3 and July 5 to 9, from 10 a.m. to midnight on July 4, or from 10 a.m. December 31 to 1 a.m. January 1. A person under 18 may possess or use fireworks only with an adult present and responsible. Using fireworks at the wrong place or time, or by a minor without an adult, is a Class C infraction (up to $500; repeat use violations within 5 years are Class C misdemeanors), while reckless or intentional use that damages property is a Class A misdemeanor, causes serious bodily injury a Level 6 felony, and causes death a Level 5 felony. Read in the 2026 Indiana Code on iga.in.gov (browser) on 2026-10-27. Earlier IDHS/ISP summaries (https://www.in.gov/dhs/fire-and-building-safety/code-enforcement/fireworks-information; https://www.in.gov/isp/resources/additional-resources/helpful-information/fireworks-safety) were replaced; the statute ties holiday hours to IC 1-1-9-1(a) holidays (until midnight), while the 10 a.m.-1 a.m. New Year's window is the limit on local ordinances. Public display permits for display fireworks are in IC 22-11-14-2 (not restated). |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping is knowingly or intentionally moving another person from one place to another by fraud, enticement, force or threat of force. It is a Level 6 felony (6 months to 2 1/2 years), rising to Level 5 (1 to 6 years) if the victim is under 14 and not the person's child, a vehicle is used, or it causes bodily injury; Level 4 (2 to 12 years) for moderate bodily injury; Level 3 (3 to 16 years) if armed with a deadly weapon, causing serious bodily injury, or on an aircraft; and Level 2 (10 to 30 years) if done for ransom, while hijacking a vehicle, to free someone from lawful custody, or to use the victim as a shield or hostage. Criminal confinement (knowingly confining someone without consent) has the same Level 6 to Level 2 grades. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
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| Criminal threats (terroristic threats) | Indiana's threat crime is intimidation: communicating a threat (for example to injure someone, damage property, confine someone, or commit a crime) intending to make a person act against their will, to retaliate for a prior lawful act, to cause an evacuation, or to place the person in fear the threat will be carried out. It is a Class A misdemeanor (up to 1 year). It is a Level 6 felony (6 months to 2 1/2 years) if the threat is to commit a forcible felony, targets a witness in a pending case, relates to the person's job, is a repeat against the same victim, or is sent using school or government property; and a Level 5 felony (1 to 6 years) if the person draws or uses a deadly weapon, the target is a judge, bailiff, prosecutor or legislator because of their role, or the threat involves terrorism. Posting someone's personal information intending that they be harmed or a crime be committed against them also counts as a threat. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Sexual assault and rape | Rape is knowingly or intentionally having sexual intercourse or other sexual conduct with someone who is compelled by force or threat of force, is unaware it is happening, is so mentally disabled that they cannot consent, or whose physical, verbal or other visible attempts to refuse are disregarded. Rape is a Level 3 felony (3 to 16 years), and a Level 1 felony (20 to 40 years) if committed with deadly force or a deadly weapon, if it causes serious bodily injury, or if the victim was secretly given a drug; the court must also order restitution for pregnancy and childbirth costs if a pregnancy results. Sexual battery (touching for sexual gratification by force, of someone unable to consent, or of intimate areas of someone unaware of it) is a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with deadly force, a deadly weapon, or drugging. Offenses based only on the victim's age (sexual misconduct with a minor) are covered on the age-of-consent page. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Child molestation (child sexual abuse) | Child molesting is sexual intercourse or other sexual conduct with a child under 14, a Level 3 felony (3 to 16 years), raised to a Level 1 felony when committed by a person 21 or older, with deadly force or a deadly weapon, causing serious bodily injury, by drugging the child, or by knowingly transmitting a serious sexually transmitted disease (certain Level 1 child molesting carries 20 to 50 years). Sexual fondling or touching of a child under 14 is a Level 4 felony (2 to 12 years), or Level 2 (10 to 30 years) with deadly force, a weapon or drugging. Child seduction covers adults in positions of trust (for example a guardian, stepparent, coach, child care worker, someone with a professional relationship, a workplace supervisor or a police officer) who have sexual contact with a child under 18: Level 6 or 5 for a child 16 or 17, Level 5 or 4 for a child 14 or 15, and Level 3 or 2 for a child 13 or under, depending on whether the contact is touching or intercourse. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Child pornography (child sexual abuse material) | Knowingly possessing or accessing, with intent to view, an image of sexual conduct by a child under 18 (including obscene images of someone who appears to be a child, and simulated images where no real child exists) is possession of child sex abuse material, a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with a prior sex offense conviction or if the image involves a child under 12, violence, bestiality or child molesting. Distributing such an image is a Level 5 felony (1 to 6 years), or Level 3 (3 to 16 years) with those factors, for profit, or when sent to a child to induce a crime. Child exploitation (producing or creating such images, or inducing, soliciting or a parent permitting a child to take part) is a Level 4 felony, a Level 3 felony with those aggravating factors, and a Level 2 felony (10 to 30 years) if done by force or threat of force. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Online solicitation of a minor | Child solicitation is an adult urging, luring or enticing a child under 14 (or someone believed to be) to engage in sexual intercourse, other sexual conduct or sexual touching, by any means including phone, writing or a computer network; it is a Level 5 felony (1 to 6 years), or a Level 4 felony (2 to 12 years) for intercourse or sexual conduct if the person used a computer network and traveled to meet the child or has a prior solicitation conviction. The same grades apply when a person 21 or older solicits a child 14 or 15. Sexual grooming (an adult communicating with someone believed to be under 14 about sexual activity, or repeated contact to condition the child for sexual activity) is a Class B misdemeanor, a Class A misdemeanor if done over a computer network, and a Level 6 felony with a prior conviction. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Sex offender registration | People convicted of listed sex or violent offenses must register with local law enforcement where they live, work or go to school in Indiana (living includes spending at least 7 days in a 180-day period), generally within 72 hours of arriving in a county or of release (7 days for some offenders not committed to the Department of Correction). Registration generally lasts 10 years after the latest of release from prison, parole, probation or a community program, and is for life for sexually violent predators, adults whose victim was under 12, offenders who caused serious injury or death, used force or rendered the victim unconscious or unable to consent, and anyone with 2 or more unrelated qualifying convictions. Knowingly failing to register, making a material misstatement, failing to register in person, or not living at the registered address is a Level 6 felony (6 months to 2 1/2 years), and a Level 5 felony (1 to 6 years) with a prior registration violation. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
Car theft, stolen property and drugs
| Car theft and joyriding | Indiana treats car theft as theft: knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of its value or use. Theft of a motor vehicle or a motor vehicle component part is a Level 6 felony (6 months to 2 1/2 years) regardless of value, and a Level 5 felony (1 to 6 years) if the person has a prior conviction for stealing a motor vehicle or part, or if the value is $50,000 or more. Taking a car without intent to deprive the owner (criminal conversion, often called joyriding) is a Class A misdemeanor (up to 1 year), but a Level 6 felony if the car is taken to help commit a crime and a Level 5 felony if it is used to help commit a felony; failing to return a leased motor vehicle after a written agreement and demand is a Level 6 felony. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
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| Receiving stolen property | Indiana's theft law, in the chapter titled 'Theft, Conversion, and Receiving Stolen Property', covers receiving and possessing stolen property: 'exert control' includes obtaining, concealing, selling or possessing property. Theft is a Class A misdemeanor (up to 1 year) when the value is under $750; a Level 6 felony (6 months to 2 1/2 years) from $750 to under $50,000, or for a motor vehicle, vehicle part or domestic animal, or with a prior theft, conversion, robbery or burglary conviction; and a Level 5 felony (1 to 6 years) at $50,000 or more, for a firearm, or for certain safety-critical metal. Value is fair market value when and where the offense occurred. A dealer who buys or sells property whose serial or identification number has been removed or altered commits a Class A misdemeanor, or a Level 6 felony if it is worth $1,000 or more or the dealer has a prior conviction. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Organized retail theft | Yes. Exercising unauthorized control over a retail merchant's property intending to distribute it, directly or indirectly, for resale is organized retail theft, a Level 6 felony (6 months to 2 1/2 years). It is a Level 5 felony (1 to 6 years) if the value is $50,000 or more, the property is a firearm, or the person has a prior conviction for organized retail theft, theft or criminal conversion. Thefts in a single episode of criminal conduct may be charged in one count to reach the value thresholds. Separately, agreeing with at least two other people to commit theft and taking an overt step is organized theft, a Level 6 felony. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Drug trafficking and intent to distribute | Manufacturing, delivering, or possessing with intent to deliver cocaine or a Schedule I or II narcotic (dealing) is a Level 5 felony (1 to 6 years) for under 1 gram; Level 4 (2 to 12 years) for 1 to under 5 grams; Level 3 (3 to 16 years) for 5 to under 10 grams; and Level 2 (10 to 30 years) for 10 grams or more, with each tier raised one level when an 'enhancing circumstance' applies. Heroin has separate tiers aggregated over 90 days (3 to under 7 grams Level 4, 7 to under 12 Level 3, 12 or more Level 2), and any amount of a fentanyl-containing substance is at least a Level 4 felony (1 to under 5 grams Level 3, 5 grams or more Level 2). Methamphetamine dealing uses the same 1, 5 and 10 gram tiers. Possession with intent requires evidence beyond the drug's weight unless at least 28 grams are involved. Dealing that results in a user's death is a Level 1 felony (20 to 40 years) for cocaine, narcotics, methamphetamine or Schedule I-III drugs. Indiana sets these as felony levels rather than separate mandatory minimum terms. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Prescription drug fraud | Knowingly or intentionally getting a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, altering a prescription, hiding a material fact, or using a false name or address (which covers 'doctor shopping') is a Level 6 felony (6 months to 2 1/2 years), or a Level 5 felony (1 to 6 years) with a prior conviction for the same offense. Copying or printing prescription pads or forms without a practitioner's written consent, and putting a false label on a controlled substance package, carry the same grades. Registrants who dispense or distribute outside their registration, use a fictitious or another person's registration number, or falsify required records commit a Level 6 felony. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
Driving and boating
| Vehicular assault | Indiana has no crime named vehicular assault. Causing serious bodily injury to another person while operating a vehicle with a 0.08 or higher alcohol concentration, with a Schedule I or II controlled substance or its metabolite in the blood, or while intoxicated is a Level 5 felony (1 to 6 years), or a Level 4 felony (2 to 12 years) with an operating-while-intoxicated conviction in the past 5 years; each injured person is a separate offense. Causing death or catastrophic injury that way is a Level 4 felony. Aggressive driving that causes serious bodily injury is criminal recklessness, a Level 6 felony (6 months to 2 1/2 years), or a Level 5 felony if it causes death or catastrophic injury. Reckless driving that causes bodily injury is a Class A misdemeanor. Criminal recklessness: https://iga.in.gov/ic/2026/Title_35.html . Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
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| Street racing | Engaging in a motor vehicle speed contest on a highway or street, or blocking or barricading a road to aid a speed contest, is a Class B misdemeanor (up to 180 days). A speed contest in the immediate vicinity of a highway worksite while workers are present is a Class A misdemeanor (up to 1 year), raised to a Level 6 felony with a prior worksite conviction in 5 years, while driving drunk, or if a worker is injured, and to a Level 5 felony if a worker is killed. Drag racing or a speed contest also counts toward habitual traffic violator status (3 qualifying judgments within 10 years). Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Boating under the influence (BUI) | Indiana's former separate boating-while-intoxicated chapters (IC 35-46-9 and IC 14-15-8) have been repealed; the operating-while-intoxicated laws now apply to boats because 'vehicle' in IC 9-30-5 means a device for transportation by land, air or water. Operating with an alcohol concentration of 0.08 to under 0.15 is a Class C misdemeanor (up to 60 days), and 0.15 or more is a Class A misdemeanor (up to 1 year); operating while intoxicated is a Class C misdemeanor, or Class A if it endangers a person. It becomes a Level 6 felony with a prior operating-while-intoxicated conviction within 7 years or, for someone 21 or older committing the 0.15-or-more, controlled-substance or endangering offense, with a passenger under 18; causing serious bodily injury is a Level 5 felony and causing death or catastrophic injury a Level 4 felony. IC 35-46-9 shown as 'Repealed by P.L.158-2026' in Title 35: https://iga.in.gov/ic/2026/Title_35.html ; IC 14-15-8 shown as repealed in Title 14: https://iga.in.gov/ic/2026/Title_14.html . Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
Fraud, bribery and tax crimes
| Insurance fraud | Indiana repealed its separate insurance-claim fraud section in 2021; filing a false insurance claim is now prosecuted under the general fraud law, which covers making a false or misleading statement, or causing a claim containing one to be presented, to obtain property. Fraud is a Class A misdemeanor (up to 1 year); a Level 6 felony (6 months to 2 1/2 years) if the loss is $750 to under $50,000, it is a repeat within 7 years, or it is done by a written document; a Level 5 felony (1 to 6 years) for a loss of $50,000 to under $100,000; and a Level 4 felony (2 to 12 years) for $100,000 or more (lower thresholds apply when the victim is an endangered adult or a minor). The remaining section titled 'insurance fraud' covers insiders who loot or hide an insurer's assets or write business for an insolvent insurer, a Class A infraction with a judgment of up to $100,000. IC 35-43-5-4.5 listed as repealed by P.L.174-2021. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
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| Welfare and unemployment fraud | Indiana's separate welfare and Medicaid fraud sections in IC 35-43-5 have been repealed; public assistance fraud is prosecuted under the general fraud law (obtaining property or a governmental benefit by a false or misleading statement): a Class A misdemeanor, a Level 6 felony for a loss of $750 to under $50,000 or a repeat within 7 years, a Level 5 felony for $50,000 to under $100,000, and a Level 4 felony for $100,000 or more. A felony conviction for public relief or assistance fraud bars TANF for 10 years, and Medicaid fraud convictions make the person ineligible for Medicaid. For unemployment benefits, knowingly failing to disclose earnings or falsifying a material fact forfeits wage credits and benefits for that week, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later instances. TANF and Medicaid ineligibility: https://iga.in.gov/ic/2026/Title_12.html ; unemployment: https://iga.in.gov/ic/2026/Title_22.html . IC 35-43-5-7, 7.1, 7.2 shown as repealed in the chapter list. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Bribery | Bribery is offering, giving or agreeing to give property to a public servant (or someone else) to control an official act, or a public servant soliciting or accepting such property; it also covers bribing participants or officials in sports contests, paying or being paid by witnesses or informants to withhold testimony or avoid legal process, and paying people to vote or not vote. Bribery is a Level 5 felony (1 to 6 years). It is no defense that the public servant was not qualified to act in the desired way. Indiana's criminal code has no separate commercial bribery offense (none appears in Title 35); kickbacks and bribes in the Medicaid program are covered in IC 12-15-24. Commercial bribery: searched the full 2026 Title 35 text for 'commercial brib' with no result. Medicaid kickbacks: IC 12-15-24-2 heading read in https://iga.in.gov/ic/2026/Title_12.html (classification not read). Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| State tax evasion | Failing to file an Indiana income tax return, or filing a false return or statement, with intent to defraud the state or evade the tax is a Level 6 felony (6 months to 2 1/2 years), as is knowingly refusing to allow the Department of Revenue to examine records. For sales tax, making false entries or keeping two sets of records to defraud the state or evade remitting the tax is a Level 6 felony, and an employer who knowingly fails to remit withheld income tax commits a Level 6 felony. Civilly, failing to file or pay with fraudulent intent to evade tax brings a penalty of 100% of the unpaid tax. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Computer hacking and cybercrime | Accessing a computer, computer system or network without the owner's consent is computer trespass, a Class A misdemeanor (up to 1 year). Without authorization disrupting or denying computer services, damaging a computer, system or network or its equipment, or introducing a computer contaminant (such as malware) is an offense against computer users, a Level 6 felony (6 months to 2 1/2 years); it is a Level 5 felony (1 to 6 years) if the loss is $750 to under $50,000, it is done to defraud or obtain property, or it impairs government operations or public utilities, and a Level 4 felony (2 to 12 years) if the loss is $50,000 or more or it endangers human life. Modifying, destroying, or taking trade secrets or confidential data or programs without authorization is a Level 6 felony. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | Indiana's possession ban is limited to 'serious violent felons': people convicted of listed offenses such as murder, voluntary manslaughter, felony battery, aggravated battery, strangulation, kidnapping, criminal confinement, rape, child molesting, robbery, and higher-level arson or burglary. A serious violent felon who knowingly possesses a firearm commits a Level 4 felony (2 to 12 years). Separately, anyone convicted of an offense punishable by more than one year (or of domestic violence) may not carry a handgun; unlawful carrying is a Class A misdemeanor, or a Level 5 felony (1 to 6 years) if the person was convicted of a felony within the past 15 years, has a prior unlawful-carrying conviction, or carries on or near school property. A person convicted of domestic battery who possesses a firearm commits a Class A misdemeanor unless a court has restored the right. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
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| Recording conversations (one-party consent) | Indiana is a one-party consent state for electronic communications: 'interception' means intentionally recording or acquiring the contents of an electronic communication by someone who is not a sender or receiver, without the consent of the sender or receiver. 'Electronic communication' covers any transfer of signs, signals, writing, images, sounds, data or oral communication transmitted in whole or in part by wire, radio or electronic means, such as a phone call. Unlawful interception is a Level 5 felony (1 to 6 years), and civil damages are also available. The statute's definitions are written for transmitted communications; it does not separately address recording an in-person conversation that is not transmitted. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Filing a false police report | Knowingly giving a false report of a crime or false information about a crime to police, a false fire alarm, a false ambulance request, or a false missing-child, missing-veteran or missing-endangered-adult report is false informing, a Class B misdemeanor (up to 180 days). It is a Class A misdemeanor (up to 1 year) if it substantially hinders law enforcement, including by causing officers to be dispatched (as in 'swatting'), or harms someone. Falsely reporting that a person is dangerous under the red flag law is a Class A misdemeanor, a Level 6 felony if it causes a dispatch, harm or reasonable fear, and a Level 5 felony if it results in serious bodily injury or death. Knowingly falsely reporting a bomb, tampered consumer product or weapon of mass destruction is false reporting, a Level 6 felony. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Hate crimes | Indiana has no separate hate crime offense; it uses a sentencing aggravator. When sentencing for any crime, the court may consider as an aggravating circumstance that the person committed the offense with bias due to the victim's or a group's real or perceived characteristic, trait, belief, practice, association or other attribute the court chooses to consider, including the attributes in the state bias-crime reporting definition: color, creed, disability, national origin, race, religion, sexual orientation, or association with another recognizable group. The law does not change the offense's level; the bias is weighed by the judge in choosing a sentence within the range for that level. Bias-crime definition: https://iga.in.gov/ic/2026/Title_10.html . Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Parole violation | When a parolee is arrested for an alleged violation, a Department of Correction employee not involved in the case holds a preliminary hearing to decide whether there is probable cause (not required if the violation is a new conviction); the parolee may speak, call witnesses and cross-examine. A revocation hearing before at least one parole board member must be held within 60 days after a confined parolee is made available (180 days if not confined), or the charge is dismissed absent good cause. If a violation is found, the parole board may continue parole with or without new conditions, or revoke parole and order imprisonment; a new Level 1 or 2 felony requires revocation, and a new Level 3-6 felony allows it. The parolee receives a written statement of reasons and may instead admit the violation and waive the hearing, limiting sanctions to approved ones. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Violating a restraining order | Knowingly or intentionally violating a protective order (including ex parte, domestic violence, workplace violence, criminal no-contact, and similar out-of-state or tribal orders) is invasion of privacy, a Class A misdemeanor (up to 1 year). It is a Level 6 felony (6 months to 2 1/2 years) if the person has a prior unrelated invasion of privacy or stalking conviction. Using a drone to commit the violation is no defense. A sex offender who knowingly moves within one mile of their victim's residence also commits invasion of privacy. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
| Juveniles tried as adults | Indiana uses automatic adult-court jurisdiction and judicial waiver. Youths 16 or 17 charged with attempted murder, murder, kidnapping, rape, armed robbery or robbery causing injury, or certain felony firearm offenses, along with joined charges, are prosecuted in adult court. On the prosecutor's motion, the juvenile court must waive a child 12 or older charged with murder, and a child 16 or older charged with a Level 1-4 felony (other than drug felonies) or certain other felonies, unless remaining in the juvenile system is in the child's and the community's best interests; it must waive any child charged with a felony who has a prior felony or nontraffic misdemeanor conviction. It may waive a child 14 or older charged with a heinous or aggravated felony (or one in a repetitive pattern) who is beyond rehabilitation, and a child 16 or older charged with a drug felony, when adult trial serves community safety. Level 2 10 to 30 years; Level 3 3 to 16 years; Level 4 2 to 12 years; Level 5 1 to 6 years; Level 6 6 months to 2 1/2 years; felony fine up to $10,000; Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Read in the 2026 Indiana Code (iga.in.gov title files) in the browser 2026-10-27. |
Death penalty, three strikes and rights after a felony
| Death penalty | Indiana has the death penalty. A person who was at least 18 when committing murder may be sentenced to death (or life without parole) instead of a prison term, under the separate death-penalty sentencing procedure, which requires the State to prove listed aggravating circumstances. Executions are being carried out: the Indiana Supreme Court set an execution date of October 10, 2025, for Roy Lee Ward, sentenced to death for a 2001 rape and murder. The method of execution was not read in the statute and is not stated. iga.in.gov refused automated reads. |
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| Three strikes and habitual offender laws | Indiana's habitual offender law adds a nonsuspendible extra prison term rather than creating a separate crime. A person convicted of murder or a Level 1 through Level 4 felony is a habitual offender if they have two prior unrelated felony convictions, at least one of which is not a Level 6 or Class D felony; the added term is 8 to 20 years. A person convicted of a Level 5 felony qualifies with two such priors, and a person convicted of any felony qualifies with three prior unrelated felonies; for these, if a prior was a Level 5 or 6 (or Class C or D) felony, no more than 10 years may have passed since release from prison, probation or parole on one of the priors. For a Level 5 or Level 6 felony the added term is 3 to 6 years. Each prior must have been committed after sentencing for the one before, and set-aside or pardoned convictions do not count. Section amended most recently by P.L.37-2023. |
| Voting with a felony conviction | In Indiana a person cannot register or vote only while imprisoned after a conviction; people in jail awaiting trial can vote. People on probation, parole, home detention or in community corrections programs (such as work release or electronic monitoring) are eligible to register and vote. Registration is cancelled during imprisonment and is not automatically restored: once no longer imprisoned, the person may register again. Statutes cited as listed in the Election Division guidebook (revised April 2026); not read directly because iga.in.gov refused automated reads. |
| Restoring rights after a felony | The right to vote returns when a person is no longer imprisoned, but the person must register again; it is available while on probation or parole. A pardon is granted by the Governor: the Indiana Parole Board serves as a fact-finding commission for clemency hearings on the Governor's behalf, and pardon applications are filed with the Parole Board after the sentence is completed. Indiana's firearm ban applies to 'serious violent felons', and people convicted of an offense punishable by more than one year may not carry a handgun. Voting: https://www.in.gov/dA/9a3ce04db6/2026-Voter-Registration-Guidebook-Revised-Apr-2026.FINAL.pdf?language_id=1 . How or whether a pardon or court order restores firearm rights, jury service or eligibility for office was not found on an official page. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Indiana has no licensing or age-limit program for delta-8 and other hemp-derived THC products. In Official Opinion 2023-1 (January 12, 2023), the Indiana Attorney General concluded that delta-8 THC, delta-10 THC, THC-O, THC-P and other THC variants and designer cannabinoids are Schedule I controlled substances under the 'tetrahydrocannabinols' entry in Ind. Code § 35-48-2-4(d)(31), and that the limited exceptions for products under 0.3% delta-9 THC do not apply to them. The opinion is advisory: the Attorney General defers to prosecutors and police on charging individual cases. A 2026 bill to license and regulate hemp-derived cannabinoid products (SB 250) was heard in committee but is not listed among the 2026 enacted laws. SB 250 committee summary: https://legislativeupdate.courts.in.gov/2026/02/20/regulation-of-hemp-2/ ; 2026 enacted-law digest (no hemp act listed): https://legislativeupdate.courts.in.gov/2026/03/13/2026-legislative-session-digest/ . Statute not read directly (iga.in.gov refused automated reads). |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I controlled substances in Indiana. Possessing them without a prescription is a Class A misdemeanor (up to 1 year and a $5,000 fine), or a Level 6 felony (6 months to 2 1/2 years) if an enhancing circumstance applies. Manufacturing or delivering them, or possessing them with intent to deliver, is dealing in a Schedule I controlled substance, a Level 6 felony for under 1 gram, rising to Level 5 for 1 to under 5 grams and higher levels for larger amounts or enhancing circumstances. |
| Kratom | Kratom's main alkaloids are illegal in Indiana: mitragynine and 7-hydroxymitragynine are listed in the state's definition of 'synthetic drug', and synthetic drugs are Schedule I controlled substances. Possessing a Schedule I substance is a Class A misdemeanor (up to 1 year), or a Level 6 felony if an enhancing circumstance applies; manufacturing or delivering it is dealing in a Schedule I controlled substance, a Level 6 felony or higher depending on amount. A search of all of Title 35 for 'kratom' and 'mitragyn' found only the two entries in IC 35-31.5-2-321 (last amended by P.L.186-2025). Other titles were not searched for a separate kratom sales law. |
| CBD | Hemp CBD products are legal in Indiana as 'low THC hemp extract': a product derived from industrial hemp that contains not more than 0.3% delta-9 THC (including precursors) and no other controlled substances. Since July 1, 2018, low THC hemp extract must meet testing, packaging and labeling requirements for distribution and retail sale. A retailer who sells marijuana packaged to look like low THC hemp extract, knowing or having reason to know it is marijuana, commits dealing in marijuana as a Level 5 felony; possessing such a product is a Class A misdemeanor. |
| Smoking and vaping age | The minimum age to buy tobacco products and vapor devices (e-cigarettes) in Indiana is 21. Selling or distributing them to someone under 21, or buying them for someone under 21, is a Class B infraction; a retail establishment that sells tobacco to someone under 21 commits a Class C infraction with civil penalties of up to $400, $800, $1,400 and $2,000 for repeat violations within a year. A person under 21 who buys, accepts for personal use or possesses a tobacco product or vapor device, or carries a fake ID to buy one, commits a Class C infraction. IC 35-46-1-10.5 was last amended by P.L.141-2026. A person cannot be charged under both these sections and IC 7.1-7-6-5 (Title 7.1, not read). |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Indiana protects 'endangered adults': people 18 or older who, because of mental illness, intellectual disability, dementia or other incapacity, cannot manage their property or self-care and are harmed or threatened by neglect, battery or exploitation (there is no age-60 rule). Battery against an endangered adult is a Level 6 felony (6 months to 2 1/2 years); a Level 5 felony if it causes bodily injury; Level 4 if it causes serious bodily injury; and Level 2 if it causes death. Recklessly using an endangered adult's or dependent's property or services for someone else's profit, or self-dealing by a person in a position of trust, is exploitation, a Class A misdemeanor, or a Level 6 felony with a prior conviction. Neglect of a dependent (including a person of any age with a mental or physical disability) in one's care is a Level 6 felony and higher with injury or death. Knowingly failing to report suspected battery, neglect or exploitation of an endangered adult is a Class B misdemeanor. IC 12-10-3-2 read in Title 12 (https://iga.in.gov/ic/2026/Title_12.html). The 2026 code shows two versions of IC 35-42-2-1 (P.L.145-2026 and P.L.158-2026); the subsection letters differ by one but the endangered-adult grades are the same; letters cited are from the P.L.158-2026 version. |
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| Voyeurism (peeping tom) | Indiana voyeurism: knowingly peeping into another person's occupied home (or going onto their land to peep), or into a restroom, bath, shower, dressing room or other place where people undress, without consent, is a Class B misdemeanor (up to 180 days), and a Level 6 felony (6 months to 2 1/2 years) if done with a camera or by a repeat offender. 'Peeping' includes using a concealed camera to capture an intimate image. Public voyeurism, secretly peeping at and photographing a person's private area without consent, is a Class A misdemeanor, and a Level 6 felony if the image is published, posted online or shared, or for a repeat offender. Remote aerial voyeurism with a drone over someone's home or yard is a Class A misdemeanor, and a Level 6 felony if the images are shared or for a repeat offender. Last amended by P.L.79-2024. Source: IC 35-45-4-5(a)-(h) |
| Assaulting a police officer | In Indiana, simple battery (a rude, insolent or angry touching) is a Class B misdemeanor, but battery against a 'public safety official' (law enforcement officers, jail and prison staff, probation and parole officers, firefighters, EMS providers, judicial officers, bailiffs and others) while the official is performing official duties is a Level 6 felony (6 months to 2 1/2 years), and a Level 5 felony (1 to 6 years) if it causes bodily injury or if the person places bodily fluid or waste on the official knowing it is infected with hepatitis, tuberculosis or HIV. These enhancements do not apply to a person detained or committed for mental health treatment under IC 12-26. The 2026 code shows two versions of IC 35-42-2-1 (amended by P.L.145-2026, SEC.235 and P.L.158-2026, SEC.43); both contain the same public-safety-official grades, with subsection letters shifted by one, so letters are not cited. Only the P.L.158-2026 version adds separate grades for battery of health care and school employees. |
Criminal Law FAQ
What are the felony classes and maximum sentences in Indiana?
Indiana grades felonies as murder and Levels 1 through 6 (for crimes committed after June 30, 2014), each with a fixed term between a minimum and maximum, an advisory sentence, and a possible fine of not more than ten thousand dollars ($10,000). Murder: between forty-five (45) and sixty-five (65) years, advisory fifty-five (55) years; a person at least eighteen may instead be sentenced to death or life imprisonment without parole, and a person at least sixteen but under eighteen to life imprisonment without parole, under § 35-50-2-9. Level 1: between twenty (20) and forty (40) years, advisory thirty (30) years (between twenty (20) and fifty (50) years for certain Level 1 child molesting offenses). Level 2: between ten (10) and thirty (30) years, advisory seventeen and one-half (17 1/2) years. Level 3: between three (3) and sixteen (16) years, advisory nine (9) years. Level 4: between two (2) and twelve (12) years, advisory six (6) years. Level 5: between one (1) and six (6) years, advisory three (3) years. Level 6: between six (6) months and two and one-half (2 1/2) years, advisory one (1) year; the court may enter a Level 6 felony as a Class A misdemeanor, with listed exceptions.
What are the misdemeanor classes and penalties in Indiana?
Indiana has Class A, B and C misdemeanors. Class A: a fixed term of not more than one (1) year and a fine of not more than five thousand dollars ($5,000). Class B: not more than one hundred eighty (180) days and a fine of not more than one thousand dollars ($1,000). Class C: not more than sixty (60) days and a fine of not more than five hundred dollars ($500).
How much do you have to steal for it to be a felony in Indiana?
Theft (knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use) is a Class A misdemeanor. It is a Level 6 felony if the value of the property is at least $750 but less than $50,000.
Is Indiana a stand your ground state?
Indiana has a statutory stand-your-ground rule: a person "(1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony." The statute also says no person, employer or estate of a person shall be placed in legal jeopardy of any kind for protecting the person or a third person by reasonable means necessary.
Does Indiana have a castle doctrine?
A person is justified in using reasonable force, including deadly force, against any other person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
What is the statute of limitations for crimes in Indiana?
Murder, and Level 1 and Level 2 felonies, may be prosecuted at any time (§ 35-41-4-2(c), (d)). Other felonies (Levels 3 through 6) must be charged within five (5) years after the offense, and misdemeanors within two (2) years (§ 35-41-4-2(a)). Child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor and incest must be charged before the alleged victim reaches thirty-one (31) years of age (§ 35-41-4-2(e)); other sex offenses against a child have a ten (10)-year period, or four (4) years after the child is no longer the accused's dependent, whichever is later (§ 35-41-4-2(m)). DNA evidence can extend the deadline for Level 3, 4 and 5 felonies to one (1) year after the state discovers, or could have discovered, the DNA evidence (§ 35-41-4-2(b)). The time does not run while the accused is not usually and publicly resident in Indiana or hides to avoid service, or conceals evidence of the offense (§ 35-41-4-2(h)).
How does bail work in Indiana?
Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation.
How do you get a public defender in Indiana?
Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings.
What is the age of consent in Indiana?
Indiana's criminal code does not use the phrase 'age of consent'; it sets ages in its sex-offense statutes. A person at least eighteen (18) years of age who performs or submits to sexual intercourse or other sexual conduct with a child less than sixteen (16) years of age commits sexual misconduct with a minor, a Level 5 felony, or a Level 4 felony if the person is at least twenty-one (21) (§ 35-42-4-9(a)). Sexual intercourse or other sexual conduct with a child under fourteen (14) years of age is child molesting, a Level 3 felony, or a Level 1 felony if the person is at least twenty-one (21) or other aggravating facts apply (§ 35-42-4-3(a)). Close-in-age defense: it is a defense to sexual misconduct with a minor if the person is not more than four (4) years older than the victim, they were in a dating or ongoing personal relationship, the person is under twenty-one (21), and no force, weapon, serious injury, drugging or position of authority was involved, among other conditions (§ 35-42-4-9(e)). It is also a defense that the accused reasonably believed the child was at least sixteen (16), or that the child is or has been married (§ 35-42-4-9(c), (d)).
Is marijuana legal in Indiana?
Marijuana possession is a crime in Indiana. Knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, growing marijuana, or failing to destroy marijuana known to be growing on one's premises is a Class B misdemeanor (up to one hundred eighty (180) days and a fine of up to one thousand dollars ($1,000), § 35-50-3-3) (§ 35-48-4-11(a)). It is a Class A misdemeanor if the person has a prior conviction for a drug offense, or if the product is packaged to look like low THC hemp extract and the person knew or reasonably should have known it was marijuana (§ 35-48-4-11(b)). It is a Level 6 felony if the person has a prior drug-offense conviction and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish or salvia (§ 35-48-4-11(c)).
Is assault a felony in Indiana?
Indiana has no crime called assault; a physical attack is charged as battery. Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor (up to 180 days and a $1,000 fine); it is a Class A misdemeanor (up to one year and a $5,000 fine) when it results in bodily injury. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony (3 to 16 years).
Is battery a felony in Indiana?
Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor. It is a Class A misdemeanor when it results in bodily injury, and a Level 6 felony (6 months to 2.5 years) when committed by a person 18 or older against a child under 14. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony.
Is domestic violence a felony in Indiana?
Indiana has a separate crime of domestic battery: knowingly or intentionally touching a family or household member in a rude, insolent or angry manner (or placing bodily fluid or waste on them in that manner), a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony (6 months to 2.5 years) if, among other things, the offender has a previous unrelated battery or strangulation conviction; the offender is at least 18 and commits it in the physical presence of a child under 16, knowing the child was present and might see or hear it; it causes moderate bodily injury; or it violates a protection order or no-contact order. It is a Level 5 felony (1 to 6 years) if, for example, it causes serious bodily injury or is committed with a deadly weapon. Separately, strangulation (in a rude, angry or insolent manner applying pressure to another person's throat, neck or torso, or obstructing their nose or mouth, in a way that impedes normal breathing or blood circulation) is a Level 6 felony regardless of the relationship, and a Level 5 felony against a victim known to be pregnant or with a prior strangulation conviction.
What is the penalty for shoplifting in Indiana?
Indiana charges shoplifting as theft: knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use. Theft is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000, when the property is worth less than $750. It is a Level 6 felony (6 months to 2.5 years and up to $10,000) if the property is worth at least $750 but less than $50,000, or if the person has a prior unrelated conviction for theft, criminal conversion, robbery or burglary, and a Level 5 felony (1 to 6 years) if the property is worth $50,000 or more or is a firearm.
What is the difference between burglary and robbery in Indiana?
Burglary is breaking and entering another person's building or structure with intent to commit a felony or theft inside; it is a Level 5 felony (1 to 6 years), and a Level 4 felony (2 to 12 years) if the building is a dwelling. Even slight force, such as opening an unlocked door, counts as breaking. Robbery is knowingly or intentionally taking property from another person or their presence by using or threatening force or by putting someone in fear; it is a Level 5 felony, a Level 3 felony (3 to 16 years) if committed while armed with a deadly weapon or if it results in bodily injury to someone other than the defendant, and a Level 2 felony (10 to 30 years) if it results in serious bodily injury.
Is vandalism a felony in Indiana?
Vandalism is called criminal vandalism in Indiana (formerly criminal mischief): recklessly, knowingly or intentionally damaging or defacing another person's property without consent. It is a Class B misdemeanor (up to 180 days and a $1,000 fine). It is a Class A misdemeanor (up to one year and a $5,000 fine) if the loss is at least $750 but less than $50,000, or if the damage is to a place of worship, a school or community center, a cemetery or certain other listed property. It is a Level 6 felony (6 months to 2.5 years) if the loss is $50,000 or more, the damage substantially interrupts utility service to the public, the damage is to a public record, or in certain other listed cases.
Is trespassing a crime in Indiana?
Criminal trespass includes knowingly or intentionally entering another person's real property, without a contractual interest in it, after being denied entry by the owner, the owner's agent or a law enforcement officer acting for them; refusing to leave after being asked; and entering another person's dwelling without consent. Entry can be denied by personal communication (oral or written), a notice posted at the main entrance, a court or hearing-authority order, or purple paint marks on trees or posts. Criminal trespass is a Class A misdemeanor (up to one year and a $5,000 fine), and a Level 6 felony if committed on school property, a school bus, a public utility facility or a scientific research facility, or by someone with a prior trespass conviction concerning the same property.
What are the penalties for drug possession in Indiana?
Knowingly possessing a narcotic drug classified in schedule I or II (such as fentanyl, a Schedule II narcotic opioid) without a valid prescription is charged as a Level 6 felony (6 months to 2.5 years). Knowingly or intentionally possessing methamphetamine without a valid prescription is also charged as a Level 6 felony in the basic case.
Is a hit and run a felony in Indiana?
The driver of a motor vehicle involved in a crash must stop at or as close as possible to the scene and remain until giving their name, address and vehicle registration number and showing their driver's license; if someone is hurt or killed, the driver must also give reasonable assistance and promptly notify police or 911. Knowingly or intentionally failing to do so is a Class B misdemeanor (up to 180 days and a $1,000 fine). It is a Class A misdemeanor if the crash causes bodily injury to another person; a Level 6 felony if it causes moderate or serious bodily injury, or the driver has certain driving-offense convictions in the previous five years; a Level 4 felony (2 to 12 years) if it causes death or catastrophic injury; and a Level 3 felony if the driver leaves during or after committing operating while intoxicated causing serious bodily injury, death or catastrophic injury.
Is reckless driving a crime in Indiana?
Reckless driving includes driving at an unreasonably high or unreasonably low speed under circumstances that endanger others. The basic offense is charged as a Class C misdemeanor (up to 60 days and a $500 fine), and reckless driving that results in bodily injury is charged as a Class A misdemeanor (up to one year).
Is harassment a crime in Indiana?
Stalking is a knowing or intentional course of conduct involving repeated or continuing harassment of another person that would make a reasonable person feel terrorized, frightened, intimidated or threatened and actually does. It is a Level 6 felony; a Level 5 felony if it involves a protective order to prevent domestic or family violence, a no-contact order, or a pretrial-release order the person knew of; and a Level 4 felony if the person has an unrelated prior stalking conviction against the same victim. Separately, harassment, communicating with someone by phone call, text, computer network or other electronic communication with intent to harass, annoy or alarm and no intent of legitimate communication, is a Class B misdemeanor (up to 180 days).
Is resisting arrest a felony in Indiana?
Resisting law enforcement includes knowingly or intentionally forcibly resisting, obstructing or interfering with an officer who is lawfully doing their duties, or fleeing from an officer after the officer, by visible or audible means such as a siren or emergency lights, has identified himself or herself and ordered the person to stop; it is a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony if the person uses a vehicle to commit it (with a mandatory minimum executed sentence), and a Level 5 felony (1 to 6 years) if the person draws or uses a deadly weapon, causes moderate bodily injury, or drives in a way that creates a substantial risk of bodily injury; higher felony levels apply when the driving causes serious bodily injury, catastrophic injury or death.
What happens if you miss a court date in Indiana?
Missing court after being released from custody on the condition of appearing at a set time and place, in connection with a criminal charge, is called failure to appear in Indiana. Intentionally failing to appear is a Class A misdemeanor (up to 1 year and $5,000), but it is a Level 6 felony (6 months to 2.5 years) if the underlying charge was a felony. It is no defense that the person was later not convicted of the original charge. The offense does not apply to appearances tied to a suspended sentence, probation or parole.
What happens if you violate probation in Indiana?
A judge decides probation violations. When a petition to revoke is filed, the court may issue a summons, or an arrest warrant if the person may flee or harm others, and this pauses the probation period. The court must hold a hearing (a person held without bail may not be jailed more than 15 days without one) unless the person admits the violation and waives the hearing; the State must prove the violation by a preponderance of the evidence, in open court, with the right to confront witnesses and to a lawyer. If a violation is found, the court may continue probation with or without changed conditions, extend probation for not more than one (1) year beyond the original period, or order all or part of the suspended sentence served. Probation cannot be revoked for failure to pay unless the failure to pay was reckless, knowing or intentional.
Is obstruction of justice a felony in Indiana?
Obstruction of justice covers knowingly or intentionally getting a witness or informant (by threat, coercion, a false statement or an offer of anything of value) to withhold evidence, avoid a subpoena, stay away, or lie; personally avoiding legal process or refusing court-ordered evidence; altering, damaging or removing evidence; using false evidence to mislead a public servant; or improperly contacting a juror. It is a Level 6 felony (6 months to 2.5 years). It becomes a Level 5 felony (1 to 6 years) when, during a domestic violence or child abuse case, a person bribes, threatens, intimidates or unlawfully persuades a witness not to testify or to give a false statement. Threatening a witness in a pending criminal case against the person is also Level 6 felony intimidation.
Is perjury a felony in Indiana?
Perjury is making a false, material statement under oath or affirmation, knowing it is false or not believing it is true, or knowingly making two or more material statements in a court or grand jury proceeding that are so inconsistent that one must be false. Perjury is a Level 6 felony, punishable by 6 months to 2.5 years and a fine of up to $10,000. For inconsistent statements, the charge need not say which statement was false.
Is public intoxication a crime in Indiana?
Being drunk in public is a crime in Indiana only if something more happens. It is a Class B misdemeanor (up to 180 days and $1,000) to be in a public place or place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance if the person endangers their own life, endangers another person's life, breaches the peace or is in imminent danger of breaching the peace, or harasses, annoys or alarms another person. Indiana's appeals court has explained that the legislature added these elements so that something more than mere intoxication is required, and that actual endangerment, not speculation about what might happen, must be shown.
What is a disorderly conduct charge in Indiana?
Disorderly conduct is recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly. It is a Class B misdemeanor (up to 180 days and $1,000). It becomes a Level 6 felony if it adversely affects airport security at an airport, or if it is committed within 500 feet of a burial, funeral procession, funeral, memorial service or viewing and adversely affects it.
What is the penalty for indecent exposure in Indiana?
Indiana calls this public indecency: knowingly or intentionally, in a public place, having sex, engaging in other sexual conduct, fondling genitals, or appearing nude with intent to arouse sexual desire. It is a Class A misdemeanor, as is an adult appearing nude in public intending to be seen by a child under 16; either becomes a Level 6 felony with a prior unrelated public indecency conviction. Separate lesser offenses exist: "indecent exposure" (sexual conduct or nudity in a non-public place meant to be seen by outsiders) is a Class C misdemeanor, and public nudity ranges from a Class C misdemeanor to a Class A misdemeanor (in parks or on school grounds), with a Level 6 felony for certain repeat offenses.
Is prostitution illegal in Indiana?
Prostitution is a person 18 or older knowingly or intentionally performing, offering or agreeing to perform sexual intercourse or other sexual conduct, or fondling genitals, for money or other property. It is a Class A misdemeanor (up to 1 year and $5,000), and a Level 6 felony if the person has two prior prostitution convictions; being a victim of human trafficking is a defense. Paying or offering to pay for sex is called making an unlawful proposition: also a Class A misdemeanor, and a Level 6 felony with two prior convictions under that section; it is no defense that the other person was an undercover officer. Prostitution is not legal anywhere in Indiana.
Is gambling legal in Indiana?
Legal gambling in Indiana is limited to what the state licenses. The Indiana Gaming Commission licenses and oversees the state's 13 casinos, regulates sports wagering (established by House Enrolled Act 1015-2019 and contained in Indiana Code 4-38, with both retail and mobile wagering authorized), paid fantasy sports, and charity gaming such as bingo, raffles, charity game nights and pull tabs run by qualified nonprofits. Knowingly or intentionally engaging in other gambling is unlawful gambling, a Class B misdemeanor (up to 180 days and $1,000). An operator who uses the Internet to run unlawful gambling in Indiana or with a person in Indiana commits a Level 6 felony.
Is embezzlement a felony in Indiana?
Indiana has no separate embezzlement crime; an employee or other trusted person who takes or keeps someone else's money or property is charged with theft (knowingly or intentionally exerting unauthorized control over another's property with intent to deprive the owner of its value or use) or with criminal conversion (the same conduct without proof of intent to deprive). Theft is a Class A misdemeanor, a Level 6 felony if the value is at least $750 but less than $50,000 (or with certain prior theft-type convictions), and a Level 5 felony if the value is at least $50,000. Criminal conversion is a Class A misdemeanor.
Is identity theft a felony in Indiana?
Identity theft is called identity deception in Indiana: with intent to harm or defraud another person, knowingly or intentionally obtaining, possessing, transferring or using someone's identifying information to pretend to be that person. It is a Level 6 felony, and a Level 5 felony if it involves the information of more than 100 people, causes fraud or harm worth at least $50,000, or uses the information of the offender's own minor child, dependent or ward. It is no defense that no one was actually harmed. Credit card and other financial fraud is generally charged under the fraud statute, a Class A misdemeanor that becomes a Level 6 felony when, for example, the loss is at least $750 but less than $50,000, the victim is an endangered adult or a minor, or the person has a recent prior fraud-type conviction.
Is forgery a felony in Indiana?
Forgery is, with intent to defraud, making, uttering (passing) or possessing a written instrument made to look as if it was made by another person, at another time, with different terms, or with authority that was not given. Forgery is a Level 6 felony (6 months to 2.5 years and up to $10,000). Doing the same without intent to defraud (or possessing more than one such instrument) is counterfeiting, also a Level 6 felony. Indiana's separate check-deception statute was repealed in 2021; bad-check schemes are generally charged as fraud.
Is blackmail illegal in Indiana?
Blackmail and extortion are charged as intimidation in Indiana: communicating a threat with the intent to make someone act against their will, to place someone in fear of retaliation for a lawful act, or to make someone fear the threat will be carried out. A "threat" includes threatening to injure someone or damage property, commit a crime, withhold official action or testimony, expose a person to hatred, contempt, disgrace or ridicule, or falsely harm someone's credit or business reputation. Intimidation is a Class A misdemeanor; it is a Level 6 felony if, for example, the threat is to commit a forcible felony, targets a witness, or relates to the victim's job, and a Level 5 felony if the person draws or uses a deadly weapon or threatens a judge or prosecutor.
What is the difference between first and second degree murder in Indiana?
Indiana has a single crime of murder, not degrees: knowingly or intentionally killing another person, killing someone while committing or attempting listed felonies (such as arson, burglary, child molesting, kidnapping, rape, robbery or human trafficking), killing someone while dealing listed drugs, or knowingly or intentionally killing a fetus. Murder carries 45 to 65 years in prison (advisory 55 years). A person 18 or older may instead be sentenced to death or life imprisonment without parole, and a person 16 or 17 to life without parole, when the aggravating circumstances in IC 35-50-2-9 are proved.
What is the sentence for manslaughter in Indiana?
Voluntary manslaughter is knowingly or intentionally killing a person while acting under 'sudden heat', which reduces what would otherwise be murder; it is a Level 2 felony (10 to 30 years). Involuntary manslaughter is killing a person while committing a battery, or a Level 5 or 6 felony or Class A misdemeanor that inherently risks serious bodily injury; it is a Level 5 felony (1 to 6 years). Reckless homicide (recklessly killing another person, which covers reckless driving deaths) is also a Level 5 felony. Causing a death or catastrophic injury while driving with a 0.08 alcohol concentration, a schedule I or II drug in the blood, or while intoxicated is a Level 4 felony (2 to 12 years).
Is child endangerment a felony in Indiana?
Neglect of a dependent is when a person caring for a dependent (such as a child) knowingly or intentionally places the dependent in a situation that endangers life or health, abandons or cruelly confines the dependent, or deprives the dependent of necessary support or required education; it is a Level 6 felony (6 months to 2.5 years). It becomes a Level 5 felony if it causes bodily injury or occurs where certain drugs are being dealt or made, a Level 3 felony if it causes serious bodily injury, and a Level 1 felony (20 to 40 years) when an adult's neglect causes the death or catastrophic injury of a dependent under 14 or a dependent with a disability. Contributing to the delinquency of a minor (an adult encouraging or causing a child to commit a delinquent act) is a Class A misdemeanor, but becomes a felony when the child's act would be a felony, when an adult 21 or older involves a child under 16, or when furnishing alcohol or drugs causes a death (Level 5).
Is arson a felony in Indiana?
Arson is knowingly or intentionally damaging, by fire, explosive or destructive device, another person's dwelling without consent, any property in a way that endangers human life, another's property causing a loss of $5,000 or more, or a place of worship; it is a Level 4 felony (2 to 12 years), rising to Level 3 if someone other than the defendant suffers bodily injury and Level 2 if someone suffers serious bodily injury. Arson for hire is graded the same way. Burning property to defraud, or damaging another's property with a loss of $250 to less than $5,000, is a Level 6 felony.
Is animal cruelty a felony in Indiana?
Knowingly or intentionally abusing a vertebrate animal is cruelty to an animal, a Class A misdemeanor (up to 1 year and $5,000). It is a Level 6 felony (6 months to 2.5 years) if the person has a prior conviction, acts to threaten or terrorize a family or household member, commits it in front of a minor, or the animal is permanently disfigured, made unconscious, seriously impaired or killed. Torturing or mutilating a vertebrate animal, and killing someone else's domestic animal without consent, are Level 6 felonies. Recklessly, knowingly or intentionally abandoning or neglecting an animal in one's custody is a Class A misdemeanor, a Level 6 felony with a prior conviction, in front of a minor, with serious harm or death, or when a person with 10 or more animals fails to provide adequate food, water and shelter; the court must consider ordering counseling.
Is revenge porn illegal in Indiana?
Indiana's 'distribution of an intimate image' law makes it a crime to distribute a photo, video or computer-generated image showing sexual intercourse, other sexual conduct, or uncovered buttocks, genitals or female breast, when the person knows or reasonably should know the depicted person does not consent. It is a Class A misdemeanor (up to 1 year and $5,000) and a Level 6 felony with a prior conviction; exceptions include reporting a crime, criminal investigations, court orders and news reporting. Victims can also sue for disclosure of nonconsensual pornography under IC 34-21.5 when an intimate image obtained in private or by false pretenses is disclosed to harass, intimidate, embarrass, profit or cause injury.
Is cyberbullying a crime in Indiana?
Indiana's harassment law covers using a computer network or other electronic communication, with intent to harass, annoy or alarm and no intent of legitimate communication, to communicate with a person or send obscene messages; it is a Class B misdemeanor (up to 180 days and $1,000). Separately, the school code defines 'bullying' to include repeated communications or images sent digitally or electronically by students against another student, and requires schools to address it; that school law does not itself carry a criminal penalty.
What are the sexting laws for minors in Indiana?
Indiana has a special offense for teens, 'indecent display by a youth': a person under 18 who, by phone, social media or another wireless device, makes, shares or possesses sexual images of a child 12 or older commits a Class A misdemeanor rather than the child exploitation felonies, but only if the person is no more than 4 years older than the person depicted or receiving the image, they were dating or in an ongoing personal (non-family) relationship, and the other person went along with it. The child exploitation statute also gives a defense to people under 22 in a dating or ongoing personal relationship who are within 4 years in age, when the image was shared by phone or social media with the other person's acquiescence, unless the image was passed on to others, depicts someone else, or violated a protective or no-contact order; a minor can raise this in a pretrial hearing and have charges dismissed.
Is money laundering a felony in Indiana?
Money laundering is knowingly or intentionally acquiring, hiding, possessing, moving, transacting with, or investing the proceeds of criminal activity, knowing they come from crime. It is a Level 6 felony (6 months to 2.5 years), a Level 5 felony (1 to 6 years) if the proceeds are worth $50,000 or more or the purpose is terrorism or obtaining a weapon of mass destruction, and a Level 4 felony (2 to 12 years) if both apply. There are defenses for helping lawful seizures and for bona fide attorney fees.
What are the human trafficking laws in Indiana?
Using force, threats, coercion or fraud to recruit, harbor, obtain or transport someone for labor or services (promotion of human labor trafficking), or to cause someone to marry, engage in prostitution or participate in sexual conduct (promotion of human sexual trafficking), is a Level 4 felony (2 to 12 years). Recruiting, enticing, harboring or transporting a child under 18 for prostitution or sexual performance, or a child under 16 for sexual conduct, is a Level 3 felony (3 to 16 years), and the child's consent is no defense. An adult who sells or transfers custody of a child for prostitution or sexual conduct commits child sexual trafficking, a Level 2 felony (10 to 30 years); paying or offering a benefit to obtain the act a trafficking victim was trafficked for is a Level 4 felony.
Is jaywalking illegal in Indiana?
Pedestrians must obey traffic-control devices that apply to them, must yield to all vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, may cross only in a marked crosswalk between adjacent intersections with working signals, may not cross intersections diagonally unless signals allow it, and may not suddenly step off a curb into the path of a vehicle too close to stop. Violating the pedestrian chapter is a Class C infraction, with a judgment of up to $500 (not a crime).
What is the open container law in Indiana?
Anyone in a motor vehicle, driver or passenger, who possesses an opened container, a container with a broken seal, or one with some contents removed, in the passenger compartment while the vehicle is being driven or is on a public highway right-of-way commits a Class C infraction (judgment up to $500). It does not apply to passengers in vehicles carrying people for pay (such as limousines and buses) or in the living quarters of a motor home or house trailer, or to containers in a locked fixed console or, in vehicles without a trunk, behind the last upright seat. It is not treated as a moving violation and carries no license points.
What happens if you are caught drinking under 21 in Indiana?
It is a Class C misdemeanor (up to 60 days and $500) for a minor (under 21) to knowingly possess or consume alcohol, or to transport it on a public highway without a parent or guardian. If the minor drank or transported alcohol while driving, the court may suspend driving privileges for up to one year, and must suspend them for at least 60 days if the minor is under 18. Lying about age or presenting a false ID to buy alcohol is a Class C misdemeanor, merely possessing a fake ID to violate the alcohol laws is a Class C infraction, and selling or giving a minor a fake ID is a Class C misdemeanor. A person who seeks medical help for someone or reports a sex offense or crime may be immune under IC 7.1-5-1-6.5.
What happens if you drive on a suspended license in Indiana?
Driving while your license or driving privileges are suspended or revoked is a Class A infraction (judgment up to $10,000), not a crime, in the ordinary case. It is a Class A misdemeanor (up to 1 year and $5,000) if you knew of the suspension and had a prior judgment for driving while suspended within 10 years, or if you knew of it and the suspension came from a criminal conviction. A knowing violation where the suspension stemmed from a conviction becomes a Level 6 felony if it causes bodily injury and a Level 5 felony if it causes death or catastrophic injury.
What is the penalty for driving without a license in Indiana?
Knowingly driving on a highway when you have never received a valid driver's license is a Class C misdemeanor (up to 60 days and $500); it is a Class A misdemeanor with a prior conviction or if it causes bodily injury, a Level 6 felony if it causes serious bodily injury, and a Level 5 felony if it causes death or catastrophic injury. The defendant has the burden to prove a valid license was issued. A licensed driver must keep a physical license in immediate possession while driving and show it to police or a court on demand; violating this is a Class C infraction (judgment up to $500).
What knives are legal to carry in Indiana?
Making, possessing, selling or buying a knife whose blade can be shot from the handle as a projectile by gas, a spring or another device (a ballistic knife) is a Class B misdemeanor. Possessing a knife intended as a weapon (including daggers, dirks, stilettos, switchblades, gravity knives and throwing stars) on school property, a school bus or a special purpose bus is a Class B misdemeanor, a Class A misdemeanor with a prior conviction, and a Level 6 felony if someone is injured; it does not apply to knives authorized by the school or secured in a motor vehicle. Indiana's weapons chapter on prohibited instruments of violence contains no switchblade ban and no blade-length limit; outside schools, the Criminal Code restricts only ballistic knives by type.
Are fireworks legal in Indiana?
Consumer fireworks may be sold to people 18 or older, and may be used only on your own property, on someone else's property with permission, or at a special discharge location. Use is allowed from 9 a.m. to 11 p.m., and until midnight on state holidays and December 31; cities and counties may restrict use by ordinance, but not from 5 p.m. to two hours after sunset on June 29 to July 3 and July 5 to 9, from 10 a.m. to midnight on July 4, or from 10 a.m. December 31 to 1 a.m. January 1. A person under 18 may possess or use fireworks only with an adult present and responsible. Using fireworks at the wrong place or time, or by a minor without an adult, is a Class C infraction (up to $500; repeat use violations within 5 years are Class C misdemeanors), while reckless or intentional use that damages property is a Class A misdemeanor, causes serious bodily injury a Level 6 felony, and causes death a Level 5 felony.
Is kidnapping a felony in Indiana?
Kidnapping is knowingly or intentionally moving another person from one place to another by fraud, enticement, force or threat of force. It is a Level 6 felony (6 months to 2 1/2 years), rising to Level 5 (1 to 6 years) if the victim is under 14 and not the person's child, a vehicle is used, or it causes bodily injury; Level 4 (2 to 12 years) for moderate bodily injury; Level 3 (3 to 16 years) if armed with a deadly weapon, causing serious bodily injury, or on an aircraft; and Level 2 (10 to 30 years) if done for ransom, while hijacking a vehicle, to free someone from lawful custody, or to use the victim as a shield or hostage. Criminal confinement (knowingly confining someone without consent) has the same Level 6 to Level 2 grades.
Is making a threat a crime in Indiana?
Indiana's threat crime is intimidation: communicating a threat (for example to injure someone, damage property, confine someone, or commit a crime) intending to make a person act against their will, to retaliate for a prior lawful act, to cause an evacuation, or to place the person in fear the threat will be carried out. It is a Class A misdemeanor (up to 1 year). It is a Level 6 felony (6 months to 2 1/2 years) if the threat is to commit a forcible felony, targets a witness in a pending case, relates to the person's job, is a repeat against the same victim, or is sent using school or government property; and a Level 5 felony (1 to 6 years) if the person draws or uses a deadly weapon, the target is a judge, bailiff, prosecutor or legislator because of their role, or the threat involves terrorism. Posting someone's personal information intending that they be harmed or a crime be committed against them also counts as a threat.
Is stealing a car a felony in Indiana?
Indiana treats car theft as theft: knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of its value or use. Theft of a motor vehicle or a motor vehicle component part is a Level 6 felony (6 months to 2 1/2 years) regardless of value, and a Level 5 felony (1 to 6 years) if the person has a prior conviction for stealing a motor vehicle or part, or if the value is $50,000 or more. Taking a car without intent to deprive the owner (criminal conversion, often called joyriding) is a Class A misdemeanor (up to 1 year), but a Level 6 felony if the car is taken to help commit a crime and a Level 5 felony if it is used to help commit a felony; failing to return a leased motor vehicle after a written agreement and demand is a Level 6 felony.
Is receiving stolen property a felony in Indiana?
Indiana's theft law, in the chapter titled 'Theft, Conversion, and Receiving Stolen Property', covers receiving and possessing stolen property: 'exert control' includes obtaining, concealing, selling or possessing property. Theft is a Class A misdemeanor (up to 1 year) when the value is under $750; a Level 6 felony (6 months to 2 1/2 years) from $750 to under $50,000, or for a motor vehicle, vehicle part or domestic animal, or with a prior theft, conversion, robbery or burglary conviction; and a Level 5 felony (1 to 6 years) at $50,000 or more, for a firearm, or for certain safety-critical metal. Value is fair market value when and where the offense occurred. A dealer who buys or sells property whose serial or identification number has been removed or altered commits a Class A misdemeanor, or a Level 6 felony if it is worth $1,000 or more or the dealer has a prior conviction.
What is organized retail theft in Indiana?
Yes. Exercising unauthorized control over a retail merchant's property intending to distribute it, directly or indirectly, for resale is organized retail theft, a Level 6 felony (6 months to 2 1/2 years). It is a Level 5 felony (1 to 6 years) if the value is $50,000 or more, the property is a firearm, or the person has a prior conviction for organized retail theft, theft or criminal conversion. Thefts in a single episode of criminal conduct may be charged in one count to reach the value thresholds. Separately, agreeing with at least two other people to commit theft and taking an overt step is organized theft, a Level 6 felony.
What counts as drug trafficking in Indiana?
Manufacturing, delivering, or possessing with intent to deliver cocaine or a Schedule I or II narcotic (dealing) is a Level 5 felony (1 to 6 years) for under 1 gram; Level 4 (2 to 12 years) for 1 to under 5 grams; Level 3 (3 to 16 years) for 5 to under 10 grams; and Level 2 (10 to 30 years) for 10 grams or more, with each tier raised one level when an 'enhancing circumstance' applies. Heroin has separate tiers aggregated over 90 days (3 to under 7 grams Level 4, 7 to under 12 Level 3, 12 or more Level 2), and any amount of a fentanyl-containing substance is at least a Level 4 felony (1 to under 5 grams Level 3, 5 grams or more Level 2). Methamphetamine dealing uses the same 1, 5 and 10 gram tiers. Possession with intent requires evidence beyond the drug's weight unless at least 28 grams are involved. Dealing that results in a user's death is a Level 1 felony (20 to 40 years) for cocaine, narcotics, methamphetamine or Schedule I-III drugs.
Is prescription fraud a felony in Indiana?
Knowingly or intentionally getting a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, altering a prescription, hiding a material fact, or using a false name or address (which covers 'doctor shopping') is a Level 6 felony (6 months to 2 1/2 years), or a Level 5 felony (1 to 6 years) with a prior conviction for the same offense. Copying or printing prescription pads or forms without a practitioner's written consent, and putting a false label on a controlled substance package, carry the same grades. Registrants who dispense or distribute outside their registration, use a fictitious or another person's registration number, or falsify required records commit a Level 6 felony.
What is vehicular assault in Indiana?
Indiana has no crime named vehicular assault. Causing serious bodily injury to another person while operating a vehicle with a 0.08 or higher alcohol concentration, with a Schedule I or II controlled substance or its metabolite in the blood, or while intoxicated is a Level 5 felony (1 to 6 years), or a Level 4 felony (2 to 12 years) with an operating-while-intoxicated conviction in the past 5 years; each injured person is a separate offense. Causing death or catastrophic injury that way is a Level 4 felony. Aggressive driving that causes serious bodily injury is criminal recklessness, a Level 6 felony (6 months to 2 1/2 years), or a Level 5 felony if it causes death or catastrophic injury. Reckless driving that causes bodily injury is a Class A misdemeanor.
Is street racing a crime in Indiana?
Engaging in a motor vehicle speed contest on a highway or street, or blocking or barricading a road to aid a speed contest, is a Class B misdemeanor (up to 180 days). A speed contest in the immediate vicinity of a highway worksite while workers are present is a Class A misdemeanor (up to 1 year), raised to a Level 6 felony with a prior worksite conviction in 5 years, while driving drunk, or if a worker is injured, and to a Level 5 felony if a worker is killed. Drag racing or a speed contest also counts toward habitual traffic violator status (3 qualifying judgments within 10 years).
What is the penalty for boating under the influence in Indiana?
Indiana's former separate boating-while-intoxicated chapters (IC 35-46-9 and IC 14-15-8) have been repealed; the operating-while-intoxicated laws now apply to boats because 'vehicle' in IC 9-30-5 means a device for transportation by land, air or water. Operating with an alcohol concentration of 0.08 to under 0.15 is a Class C misdemeanor (up to 60 days), and 0.15 or more is a Class A misdemeanor (up to 1 year); operating while intoxicated is a Class C misdemeanor, or Class A if it endangers a person. It becomes a Level 6 felony with a prior operating-while-intoxicated conviction within 7 years or, for someone 21 or older committing the 0.15-or-more, controlled-substance or endangering offense, with a passenger under 18; causing serious bodily injury is a Level 5 felony and causing death or catastrophic injury a Level 4 felony.
Is insurance fraud a felony in Indiana?
Indiana repealed its separate insurance-claim fraud section in 2021; filing a false insurance claim is now prosecuted under the general fraud law, which covers making a false or misleading statement, or causing a claim containing one to be presented, to obtain property. Fraud is a Class A misdemeanor (up to 1 year); a Level 6 felony (6 months to 2 1/2 years) if the loss is $750 to under $50,000, it is a repeat within 7 years, or it is done by a written document; a Level 5 felony (1 to 6 years) for a loss of $50,000 to under $100,000; and a Level 4 felony (2 to 12 years) for $100,000 or more (lower thresholds apply when the victim is an endangered adult or a minor). The remaining section titled 'insurance fraud' covers insiders who loot or hide an insurer's assets or write business for an insolvent insurer, a Class A infraction with a judgment of up to $100,000.
What happens if you commit welfare or unemployment fraud in Indiana?
Indiana's separate welfare and Medicaid fraud sections in IC 35-43-5 have been repealed; public assistance fraud is prosecuted under the general fraud law (obtaining property or a governmental benefit by a false or misleading statement): a Class A misdemeanor, a Level 6 felony for a loss of $750 to under $50,000 or a repeat within 7 years, a Level 5 felony for $50,000 to under $100,000, and a Level 4 felony for $100,000 or more. A felony conviction for public relief or assistance fraud bars TANF for 10 years, and Medicaid fraud convictions make the person ineligible for Medicaid. For unemployment benefits, knowingly failing to disclose earnings or falsifying a material fact forfeits wage credits and benefits for that week, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later instances.
Is bribery a felony in Indiana?
Bribery is offering, giving or agreeing to give property to a public servant (or someone else) to control an official act, or a public servant soliciting or accepting such property; it also covers bribing participants or officials in sports contests, paying or being paid by witnesses or informants to withhold testimony or avoid legal process, and paying people to vote or not vote. Bribery is a Level 5 felony (1 to 6 years). It is no defense that the public servant was not qualified to act in the desired way. Indiana's criminal code has no separate commercial bribery offense (none appears in Title 35); kickbacks and bribes in the Medicaid program are covered in IC 12-15-24.
What are the penalties for tax evasion in Indiana?
Failing to file an Indiana income tax return, or filing a false return or statement, with intent to defraud the state or evade the tax is a Level 6 felony (6 months to 2 1/2 years), as is knowingly refusing to allow the Department of Revenue to examine records. For sales tax, making false entries or keeping two sets of records to defraud the state or evade remitting the tax is a Level 6 felony, and an employer who knowingly fails to remit withheld income tax commits a Level 6 felony. Civilly, failing to file or pay with fraudulent intent to evade tax brings a penalty of 100% of the unpaid tax.
What are the penalties for sexual assault in Indiana?
Rape is knowingly or intentionally having sexual intercourse or other sexual conduct with someone who is compelled by force or threat of force, is unaware it is happening, is so mentally disabled that they cannot consent, or whose physical, verbal or other visible attempts to refuse are disregarded. Rape is a Level 3 felony (3 to 16 years), and a Level 1 felony (20 to 40 years) if committed with deadly force or a deadly weapon, if it causes serious bodily injury, or if the victim was secretly given a drug; the court must also order restitution for pregnancy and childbirth costs if a pregnancy results. Sexual battery (touching for sexual gratification by force, of someone unable to consent, or of intimate areas of someone unaware of it) is a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with deadly force, a deadly weapon, or drugging. Offenses based only on the victim's age (sexual misconduct with a minor) are covered on the age-of-consent page.
What are the penalties for child molestation in Indiana?
Child molesting is sexual intercourse or other sexual conduct with a child under 14, a Level 3 felony (3 to 16 years), raised to a Level 1 felony when committed by a person 21 or older, with deadly force or a deadly weapon, causing serious bodily injury, by drugging the child, or by knowingly transmitting a serious sexually transmitted disease (certain Level 1 child molesting carries 20 to 50 years). Sexual fondling or touching of a child under 14 is a Level 4 felony (2 to 12 years), or Level 2 (10 to 30 years) with deadly force, a weapon or drugging. Child seduction covers adults in positions of trust (for example a guardian, stepparent, coach, child care worker, someone with a professional relationship, a workplace supervisor or a police officer) who have sexual contact with a child under 18: Level 6 or 5 for a child 16 or 17, Level 5 or 4 for a child 14 or 15, and Level 3 or 2 for a child 13 or under, depending on whether the contact is touching or intercourse.
What are the child pornography laws in Indiana?
Knowingly possessing or accessing, with intent to view, an image of sexual conduct by a child under 18 (including obscene images of someone who appears to be a child, and simulated images where no real child exists) is possession of child sex abuse material, a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with a prior sex offense conviction or if the image involves a child under 12, violence, bestiality or child molesting. Distributing such an image is a Level 5 felony (1 to 6 years), or Level 3 (3 to 16 years) with those factors, for profit, or when sent to a child to induce a crime. Child exploitation (producing or creating such images, or inducing, soliciting or a parent permitting a child to take part) is a Level 4 felony, a Level 3 felony with those aggravating factors, and a Level 2 felony (10 to 30 years) if done by force or threat of force.
Is online solicitation of a minor a felony in Indiana?
Child solicitation is an adult urging, luring or enticing a child under 14 (or someone believed to be) to engage in sexual intercourse, other sexual conduct or sexual touching, by any means including phone, writing or a computer network; it is a Level 5 felony (1 to 6 years), or a Level 4 felony (2 to 12 years) for intercourse or sexual conduct if the person used a computer network and traveled to meet the child or has a prior solicitation conviction. The same grades apply when a person 21 or older solicits a child 14 or 15. Sexual grooming (an adult communicating with someone believed to be under 14 about sexual activity, or repeated contact to condition the child for sexual activity) is a Class B misdemeanor, a Class A misdemeanor if done over a computer network, and a Level 6 felony with a prior conviction.
What happens if you fail to register as a sex offender in Indiana?
People convicted of listed sex or violent offenses must register with local law enforcement where they live, work or go to school in Indiana (living includes spending at least 7 days in a 180-day period), generally within 72 hours of arriving in a county or of release (7 days for some offenders not committed to the Department of Correction). Registration generally lasts 10 years after the latest of release from prison, parole, probation or a community program, and is for life for sexually violent predators, adults whose victim was under 12, offenders who caused serious injury or death, used force or rendered the victim unconscious or unable to consent, and anyone with 2 or more unrelated qualifying convictions. Knowingly failing to register, making a material misstatement, failing to register in person, or not living at the registered address is a Level 6 felony (6 months to 2 1/2 years), and a Level 5 felony (1 to 6 years) with a prior registration violation.
Can a felon own a gun in Indiana?
Indiana's possession ban is limited to 'serious violent felons': people convicted of listed offenses such as murder, voluntary manslaughter, felony battery, aggravated battery, strangulation, kidnapping, criminal confinement, rape, child molesting, robbery, and higher-level arson or burglary. A serious violent felon who knowingly possesses a firearm commits a Level 4 felony (2 to 12 years). Separately, anyone convicted of an offense punishable by more than one year (or of domestic violence) may not carry a handgun; unlawful carrying is a Class A misdemeanor, or a Level 5 felony (1 to 6 years) if the person was convicted of a felony within the past 15 years, has a prior unlawful-carrying conviction, or carries on or near school property. A person convicted of domestic battery who possesses a firearm commits a Class A misdemeanor unless a court has restored the right.
Is hacking a crime in Indiana?
Accessing a computer, computer system or network without the owner's consent is computer trespass, a Class A misdemeanor (up to 1 year). Without authorization disrupting or denying computer services, damaging a computer, system or network or its equipment, or introducing a computer contaminant (such as malware) is an offense against computer users, a Level 6 felony (6 months to 2 1/2 years); it is a Level 5 felony (1 to 6 years) if the loss is $750 to under $50,000, it is done to defraud or obtain property, or it impairs government operations or public utilities, and a Level 4 felony (2 to 12 years) if the loss is $50,000 or more or it endangers human life. Modifying, destroying, or taking trade secrets or confidential data or programs without authorization is a Level 6 felony.
Is Indiana a one-party consent state?
Indiana is a one-party consent state for electronic communications: 'interception' means intentionally recording or acquiring the contents of an electronic communication by someone who is not a sender or receiver, without the consent of the sender or receiver. 'Electronic communication' covers any transfer of signs, signals, writing, images, sounds, data or oral communication transmitted in whole or in part by wire, radio or electronic means, such as a phone call. Unlawful interception is a Level 5 felony (1 to 6 years), and civil damages are also available. The statute's definitions are written for transmitted communications; it does not separately address recording an in-person conversation that is not transmitted.
Is filing a false police report a crime in Indiana?
Knowingly giving a false report of a crime or false information about a crime to police, a false fire alarm, a false ambulance request, or a false missing-child, missing-veteran or missing-endangered-adult report is false informing, a Class B misdemeanor (up to 180 days). It is a Class A misdemeanor (up to 1 year) if it substantially hinders law enforcement, including by causing officers to be dispatched (as in 'swatting'), or harms someone. Falsely reporting that a person is dangerous under the red flag law is a Class A misdemeanor, a Level 6 felony if it causes a dispatch, harm or reasonable fear, and a Level 5 felony if it results in serious bodily injury or death. Knowingly falsely reporting a bomb, tampered consumer product or weapon of mass destruction is false reporting, a Level 6 felony.
Does Indiana have a hate crime law?
Indiana has no separate hate crime offense; it uses a sentencing aggravator. When sentencing for any crime, the court may consider as an aggravating circumstance that the person committed the offense with bias due to the victim's or a group's real or perceived characteristic, trait, belief, practice, association or other attribute the court chooses to consider, including the attributes in the state bias-crime reporting definition: color, creed, disability, national origin, race, religion, sexual orientation, or association with another recognizable group. The law does not change the offense's level; the bias is weighed by the judge in choosing a sentence within the range for that level.
What happens if you violate parole in Indiana?
When a parolee is arrested for an alleged violation, a Department of Correction employee not involved in the case holds a preliminary hearing to decide whether there is probable cause (not required if the violation is a new conviction); the parolee may speak, call witnesses and cross-examine. A revocation hearing before at least one parole board member must be held within 60 days after a confined parolee is made available (180 days if not confined), or the charge is dismissed absent good cause. If a violation is found, the parole board may continue parole with or without new conditions, or revoke parole and order imprisonment; a new Level 1 or 2 felony requires revocation, and a new Level 3-6 felony allows it. The parolee receives a written statement of reasons and may instead admit the violation and waive the hearing, limiting sanctions to approved ones.
What happens if you violate a restraining order in Indiana?
Knowingly or intentionally violating a protective order (including ex parte, domestic violence, workplace violence, criminal no-contact, and similar out-of-state or tribal orders) is invasion of privacy, a Class A misdemeanor (up to 1 year). It is a Level 6 felony (6 months to 2 1/2 years) if the person has a prior unrelated invasion of privacy or stalking conviction. Using a drone to commit the violation is no defense. A sex offender who knowingly moves within one mile of their victim's residence also commits invasion of privacy.
When can a juvenile be tried as an adult in Indiana?
Indiana uses automatic adult-court jurisdiction and judicial waiver. Youths 16 or 17 charged with attempted murder, murder, kidnapping, rape, armed robbery or robbery causing injury, or certain felony firearm offenses, along with joined charges, are prosecuted in adult court. On the prosecutor's motion, the juvenile court must waive a child 12 or older charged with murder, and a child 16 or older charged with a Level 1-4 felony (other than drug felonies) or certain other felonies, unless remaining in the juvenile system is in the child's and the community's best interests; it must waive any child charged with a felony who has a prior felony or nontraffic misdemeanor conviction. It may waive a child 14 or older charged with a heinous or aggravated felony (or one in a repetitive pattern) who is beyond rehabilitation, and a child 16 or older charged with a drug felony, when adult trial serves community safety.
Does Indiana have the death penalty?
Indiana has the death penalty. A person who was at least 18 when committing murder may be sentenced to death (or life without parole) instead of a prison term, under the separate death-penalty sentencing procedure, which requires the State to prove listed aggravating circumstances. Executions are being carried out: the Indiana Supreme Court set an execution date of October 10, 2025, for Roy Lee Ward, sentenced to death for a 2001 rape and murder.
Can felons vote in Indiana?
In Indiana a person cannot register or vote only while imprisoned after a conviction; people in jail awaiting trial can vote. People on probation, parole, home detention or in community corrections programs (such as work release or electronic monitoring) are eligible to register and vote. Registration is cancelled during imprisonment and is not automatically restored: once no longer imprisoned, the person may register again.
How do you restore your rights after a felony in Indiana?
The right to vote returns when a person is no longer imprisoned, but the person must register again; it is available while on probation or parole. A pardon is granted by the Governor: the Indiana Parole Board serves as a fact-finding commission for clemency hearings on the Governor's behalf, and pardon applications are filed with the Parole Board after the sentence is completed. Indiana's firearm ban applies to 'serious violent felons', and people convicted of an offense punishable by more than one year may not carry a handgun.
Does Indiana have a three strikes law?
Indiana's habitual offender law adds a nonsuspendible extra prison term rather than creating a separate crime. A person convicted of murder or a Level 1 through Level 4 felony is a habitual offender if they have two prior unrelated felony convictions, at least one of which is not a Level 6 or Class D felony; the added term is 8 to 20 years. A person convicted of a Level 5 felony qualifies with two such priors, and a person convicted of any felony qualifies with three prior unrelated felonies; for these, if a prior was a Level 5 or 6 (or Class C or D) felony, no more than 10 years may have passed since release from prison, probation or parole on one of the priors. For a Level 5 or Level 6 felony the added term is 3 to 6 years. Each prior must have been committed after sentencing for the one before, and set-aside or pardoned convictions do not count.
Is delta-8 legal in Indiana?
Indiana has no licensing or age-limit program for delta-8 and other hemp-derived THC products. In Official Opinion 2023-1 (January 12, 2023), the Indiana Attorney General concluded that delta-8 THC, delta-10 THC, THC-O, THC-P and other THC variants and designer cannabinoids are Schedule I controlled substances under the 'tetrahydrocannabinols' entry in Ind. Code § 35-48-2-4(d)(31), and that the limited exceptions for products under 0.3% delta-9 THC do not apply to them. The opinion is advisory: the Attorney General defers to prosecutors and police on charging individual cases. A 2026 bill to license and regulate hemp-derived cannabinoid products (SB 250) was heard in committee but is not listed among the 2026 enacted laws.
Are magic mushrooms legal in Indiana?
Psilocybin and psilocyn are Schedule I controlled substances in Indiana. Possessing them without a prescription is a Class A misdemeanor (up to 1 year and a $5,000 fine), or a Level 6 felony (6 months to 2 1/2 years) if an enhancing circumstance applies. Manufacturing or delivering them, or possessing them with intent to deliver, is dealing in a Schedule I controlled substance, a Level 6 felony for under 1 gram, rising to Level 5 for 1 to under 5 grams and higher levels for larger amounts or enhancing circumstances.
Is kratom legal in Indiana?
Kratom's main alkaloids are illegal in Indiana: mitragynine and 7-hydroxymitragynine are listed in the state's definition of 'synthetic drug', and synthetic drugs are Schedule I controlled substances. Possessing a Schedule I substance is a Class A misdemeanor (up to 1 year), or a Level 6 felony if an enhancing circumstance applies; manufacturing or delivering it is dealing in a Schedule I controlled substance, a Level 6 felony or higher depending on amount.
Is CBD legal in Indiana?
Hemp CBD products are legal in Indiana as 'low THC hemp extract': a product derived from industrial hemp that contains not more than 0.3% delta-9 THC (including precursors) and no other controlled substances. Since July 1, 2018, low THC hemp extract must meet testing, packaging and labeling requirements for distribution and retail sale. A retailer who sells marijuana packaged to look like low THC hemp extract, knowing or having reason to know it is marijuana, commits dealing in marijuana as a Level 5 felony; possessing such a product is a Class A misdemeanor.
What is the smoking and vaping age in Indiana?
The minimum age to buy tobacco products and vapor devices (e-cigarettes) in Indiana is 21. Selling or distributing them to someone under 21, or buying them for someone under 21, is a Class B infraction; a retail establishment that sells tobacco to someone under 21 commits a Class C infraction with civil penalties of up to $400, $800, $1,400 and $2,000 for repeat violations within a year. A person under 21 who buys, accepts for personal use or possesses a tobacco product or vapor device, or carries a fake ID to buy one, commits a Class C infraction.
Is elder abuse a felony in Indiana?
Indiana protects 'endangered adults': people 18 or older who, because of mental illness, intellectual disability, dementia or other incapacity, cannot manage their property or self-care and are harmed or threatened by neglect, battery or exploitation (there is no age-60 rule). Battery against an endangered adult is a Level 6 felony (6 months to 2 1/2 years); a Level 5 felony if it causes bodily injury; Level 4 if it causes serious bodily injury; and Level 2 if it causes death. Recklessly using an endangered adult's or dependent's property or services for someone else's profit, or self-dealing by a person in a position of trust, is exploitation, a Class A misdemeanor, or a Level 6 felony with a prior conviction. Neglect of a dependent (including a person of any age with a mental or physical disability) in one's care is a Level 6 felony and higher with injury or death. Knowingly failing to report suspected battery, neglect or exploitation of an endangered adult is a Class B misdemeanor.
Is voyeurism a felony in Indiana?
Indiana voyeurism: knowingly peeping into another person's occupied home (or going onto their land to peep), or into a restroom, bath, shower, dressing room or other place where people undress, without consent, is a Class B misdemeanor (up to 180 days), and a Level 6 felony (6 months to 2 1/2 years) if done with a camera or by a repeat offender. 'Peeping' includes using a concealed camera to capture an intimate image. Public voyeurism, secretly peeping at and photographing a person's private area without consent, is a Class A misdemeanor, and a Level 6 felony if the image is published, posted online or shared, or for a repeat offender. Remote aerial voyeurism with a drone over someone's home or yard is a Class A misdemeanor, and a Level 6 felony if the images are shared or for a repeat offender.
Is assaulting a police officer a felony in Indiana?
In Indiana, simple battery (a rude, insolent or angry touching) is a Class B misdemeanor, but battery against a 'public safety official' (law enforcement officers, jail and prison staff, probation and parole officers, firefighters, EMS providers, judicial officers, bailiffs and others) while the official is performing official duties is a Level 6 felony (6 months to 2 1/2 years), and a Level 5 felony (1 to 6 years) if it causes bodily injury or if the person places bodily fluid or waste on the official knowing it is infected with hepatitis, tuberculosis or HIV. These enhancements do not apply to a person detained or committed for mental health treatment under IC 12-26.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.