§ 10-16-7-11 — Unlawful assembly; command to disperse

Indiana § 10-16-7-11

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 7: Training and Active Duty of National Guard; Benefits of

Text

(a) Except as provided in subsection (b),
before using any military force to disperse an unlawful assembly (as
defined in IC 35-45-1-1):
(1) the civil officer calling out the military force or a law
enforcement officer; or
(2) if a civil officer or law enforcement officer is not present, the
officer in command of the troops or the officer's designee;
shall command the persons comprising the unlawful assembly to
disperse and retire peaceably to their homes or businesses. A particular
form of words is not required in ordering the dispersion of any
unlawful assembly.
(b) A person is not required to order an unlawful assembly to
disperse if:
(1) giving the order to disperse would put the person in imminent
danger of loss of life or great bodily harm; or
(2) the unlawful assembly is engaged in the commission of any
felony or is causing violence to a person or property.
[Pre-2003 Recodification Citation: 10-2-4-8.]

Legislative History

As added by P.L.2-2003, SEC.7.