§ 35-42-2-1 — Battery

Indiana § 35-42-2-1

• Jurisdiction: Indiana
• Art. 42: OFFENSES AGAINST THE PERSON
• Ch. 2: Battery and Related Offenses

Text

(a) As used in this section, "public safety
official" means:
(1) a law enforcement officer, including an alcoholic beverage
enforcement officer;
(2) an employee of a penal facility or a juvenile detention facility
(as defined in IC 31-9-2-71);
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider;
(11) a judicial officer;
(12) a bailiff of any court; or
(13) a special deputy (as described in IC 36-8-10-10.6).
(b) As used in this section, "relative" means an individual related by
blood, half-blood, adoption, marriage, or remarriage, including:
(1) a spouse;
(2) a parent or stepparent;
(3) a child or stepchild;
(4) a grandchild or stepgrandchild;
(5) a grandparent or stepgrandparent;
(6) a brother, sister, stepbrother, or stepsister;
(7) a niece or nephew;
(8) an aunt or uncle;
(9) a daughter-in-law or son-in-law;
(10) a mother-in-law or father-in-law; or
(11) a first cousin.
(c) Except as provided in subsections (d) through (k), a person who
knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner;
or
(2) in a rude, insolent, or angry manner places any bodily fluid or
waste on another person;
commits battery, a Class B misdemeanor.
(d) The offense described in subsection (c)(1) or (c)(2) is a Class A
misdemeanor if it:
(1) results in bodily injury to any other person; or
(2) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a resident
of the foster family home if the person who committed the offense
is a relative of a person who lived in the foster family home at the
time of the offense.
(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other
person.
(2) The offense is committed against a public safety official while
the official is engaged in the official's official duty, unless the
offense is committed by a person detained or committed under IC 12-26.
(3) The offense is committed against a person less than fourteen
(14) years of age and is committed by a person at least eighteen
(18) years of age.
(4) The offense is committed against a person of any age who has
a mental or physical disability and is committed by a person
having the care of the person with the mental or physical
disability, whether the care is assumed voluntarily or because of
a legal obligation.
(5) The offense is committed against an endangered adult (as
defined in IC 12-10-3-2).
(6) The offense:
(A) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a
resident of the foster family home if the person who committed
the offense is a relative of a person who lived in the foster
family home at the time of the offense; and
(B) results in bodily injury to the member of the foster family.
(f) The offense described in subsection (c)(2) is a Level 6 felony if
the person knew or recklessly failed to know that the bodily fluid or
waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another person.
(2) The offense is committed with a deadly weapon.
(3) The offense results in bodily injury to a pregnant woman if the
person knew of the pregnancy.
(4) The person has a previous conviction for a battery or
strangulation offense included in this chapter against the same
victim.
(5) The offense results in bodily injury to one (1) or more of the
following:
(A) A public safety official while the official is engaged in the
official's official duties, unless the offense is committed by a
person detained or committed under IC 12-26.
(B) A person less than fourteen (14) years of age if the offense
is committed by a person at least eighteen (18) years of age.
(C) A person who has a mental or physical disability if the
offense is committed by an individual having care of the person
with the disability, regardless of whether the care is assumed
voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(h) The offense described in subsection (c)(2) is a Level 5 felony if:
(1) the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with
hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety
official, unless the offense is committed by a person detained or
committed under IC 12-26.
(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
felony if it results in serious bodily injury to an endangered adult (as
defined in IC 12-10-3-2).
(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
felony if it results in serious bodily injury to a person less than fourteen
(14) years of age if the offense is committed by a person at least
eighteen (18) years of age.
(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
felony if it results in the death of one (1) or more of the following:
(1) A person less than fourteen (14) years of age if the offense is
committed by a person at least eighteen (18) years of age.
(2) An endangered adult (as defined in IC 12-10-3-2).
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts
1977, P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83,
SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1;
P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10;
P.L.59-1995, SEC.2; P.L.31-1996, SEC.20; P.L.32-1996, SEC.20;
P.L.255-1996, SEC.25; P.L.212-1997, SEC.1; P.L.37-1997, SEC.2;
P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1;
P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3;
P.L.2-2005, SEC.125; P.L.99-2007, SEC.209; P.L.164-2007, SEC.1;
P.L.120-2008, SEC.93; P.L.131-2009, SEC.73; P.L.114-2012,
SEC.137; P.L.158-2013, SEC.420; P.L.147-2014, SEC.2; P.L.65-2016,
SEC.33; P.L.80-2018, SEC.3; P.L.142-2020, SEC.63; P.L.209-2023,
SEC.2; P.L.148-2024, SEC.24.