§ 34-30-3-2 — Immunity from civil liability

(a) The definitions set forth in IC 22-11-20
apply to this section.
(b) Except as provided in subsection (c), the victim or an agent of
the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC 35-43-4-3) of:
(1) anhydrous ammonia (NH3);
(2) an ammonia solution; or
(3) a container used to store or transport anhydrous ammonia or
an ammonia solution;
is immune from civil liability for injury or damage resulting from the
possession or use of the anhydrous ammonia, ammonia solution, or
container by another person to commit a violation of IC 35-48-4.
(c) A victim or an agent described in subsection (b) is not immune
from civil liability under subsection (b) if:
(1) the victim or agent committed a crime involving the
anhydrous ammonia, ammonia solution, or container that is the
subject of the theft or criminal conversion; or
(2) the victim's or agent's willful or intentional commission of a
violation of an applicable law, rule, or regulation governing the:
(A) design;
(B) construction;
(C) location;
(D) installation; or
(E) operation;
of equipment for storage, handling, use, or transportation of
anhydrous ammonia or ammonia solution proximately caused the
theft or criminal conversion.

Legislative History

As added by P.L.17-2001, SEC.10.