Indiana § 35-42-3.5-4 Rights of alleged victims

Indiana Statutes

§ 35-42-3.5-4 — Rights of alleged victims

Indiana § 35-42-3.5-4

Art. 42OFFENSES AGAINST THE PERSON

Ch. 3.5Human and Sexual Trafficking

This text of Indiana § 35-42-3.5-4 (Rights of alleged victims) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-42-3.5-4 (2026).

Text

(a)An alleged victim of an offense under sections 1 through 1.4 of this chapter:

(1)may not be detained in a facility that is inappropriate to the victim's status as a crime victim;

(2)may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and

(3)shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:

(A)taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and

(B)ensuring that the names and identifying information of the alleged victim and the victim's fam

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(a) An alleged victim of an offense under
sections 1 through 1.4 of this chapter:
(1) may not be detained in a facility that is inappropriate to the
victim's status as a crime victim;
(2) may not be jailed, fined, or otherwise penalized due to having
been the victim of the offense; and
(3) shall be provided protection if the victim's safety is at risk or
if there is danger of additional harm by recapture of the victim by
the person who allegedly committed the offense, including:
(A) taking measures to protect the alleged victim and the
victim's family members from intimidation and threats of
reprisals and reprisals from the person who allegedly
committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of the
alleged victim and the victim's family members are not
disclosed to the public.
This subsection shall be administered by law enforcement agencies and
the Indiana criminal justice institute as appropriate.
(b) Not more than fifteen (15) days after the date a law enforcement
agency first encounters an alleged victim of an offense under sections
1 through 1.4 of this chapter, the law enforcement agency shall provide
the alleged victim with a completed Declaration of Law Enforcement
Officer for Victim of Trafficking in Persons (LEA Declaration, Form
I-914 Supplement B) in accordance with 8 CFR 214.11(f)(1). However,
if the law enforcement agency finds that the grant of an LEA
Declaration is not appropriate for the alleged victim, the law
enforcement agency shall, not more than fifteen (15) days after the date
the agency makes the finding, provide the alleged victim with a letter
explaining the grounds for the denial of the LEA Declaration. After
receiving a denial letter, the alleged victim may submit additional
evidence to the law enforcement agency. If the alleged victim submits
additional evidence, the law enforcement agency shall reconsider the
denial of the LEA Declaration not more than seven (7) days after the
date the agency receives the additional evidence.
(c) If a law enforcement agency detains an alleged victim of an
offense under sections 1 through 1.4 of this chapter who is less than
eighteen (18) years of age, the law enforcement agency shall
immediately notify the department of child services that the alleged
victim:
(1) has been detained; and
(2) may be a victim of child abuse or neglect.