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Harassment and Stalking Laws in Indiana

How harassment and stalking is charged in Indiana, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: 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. Ind. Code §§ 35-45-10-1, -2, -5(a)-(c); 35-45-2-2(a)(1), (a)(4)(A), as quoted in Houston v. State, No. 25A-CR-1418 (Ind. Ct. App. Mar. 24, 2026) (mem.), Luke v. State, No. 24A-CR-2668 (Ind. Ct. App. Nov. 21, 2025), Moone v. State, No. 23A-CR-3050 (Ind. Ct. App. Jan. 29, 2025), and Alexander v. State, No. 25A-CR-1616 (Ind. Ct. App. Jan. 21, 2026)

Harassment and stalkingStalking 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.
Source: Ind. Code §§ 35-45-10-1, -2, -5(a)-(c); 35-45-2-2(a)(1), (a)(4)(A), as quoted in Houston v. State, No. 25A-CR-1418 (Ind. Ct. App. Mar. 24, 2026) (mem.), Luke v. State, No. 24A-CR-2668 (Ind. Ct. App. Nov. 21, 2025), Moone v. State, No. 23A-CR-3050 (Ind. Ct. App. Jan. 29, 2025), and Alexander v. State, No. 25A-CR-1616 (Ind. Ct. App. Jan. 21, 2026)

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FAQ

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).
Can I get a court-appointed lawyer for harassment and stalking in Indiana?
Indiana's rule on court-appointed lawyers: 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. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)
How much does a lawyer for harassment and stalking cost in Indiana?
Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for harassment and stalking in Indiana?
How release before trial works 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. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.
Can a conviction for harassment and stalking be removed from my record in Indiana?
Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.

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.