§ 35-43-1-3 — Unlawful acts relating to caves; offense

Indiana § 35-43-1-3

• Jurisdiction: Indiana
• Art. 43: OFFENSES AGAINST PROPERTY
• Ch. 1: Arson, Mischief, and Tampering

Text

(a) As used in this section:
"Cave" means any naturally occurring subterranean cavity,
including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel
whether or not it has a natural entrance.
"Owner" means the person who holds title to or is in possession of
the land on or under which a cave is located, or his lessee, or agent.
"Scientific purposes" means exploration and research conducted by
persons affiliated with recognized scientific organizations with the
intent to advance knowledge and with the intent to publish the results
of said exploration or research in an appropriate medium.
(b) A person who knowingly and without the express consent of the
cave owner:
(1) disfigures, destroys, or removes any stalagmite, stalactite, or
other naturally occurring mineral deposit or formation, or
archeological or paleontological artifact in a cave, for other than
scientific purposes;
(2) breaks any lock, gate, fence, or other structure designed to
control or prevent access to a cave; or
(3) destroys, injures, removes, or harasses any cave-dwelling
animal for other than scientific purposes;
commits a Class A misdemeanor.
(c) A person who knowingly and without the express consent of the
cave owner deposits trash, rubbish, chemicals, or other litter in a cave
commits a Class C infraction. However, the violation is a Class C
misdemeanor if it is committed knowingly or intentionally and the
person has a prior unrelated adjudication or conviction for a violation
of this section within the previous five (5) years.

Legislative History

As added by P.L.177-1983, SEC.2. Amended by P.L.32-2019, SEC.27.