§ 35-45-10-5 — Criminal stalking

(a) A person who stalks another person
commits stalking, a Level 6 felony.
(b) The offense is a Level 5 felony if at least one (1) of the following
applies:
(1) A person:
(A) stalks a victim; and
(B) makes an explicit or an implicit threat with the intent to
place the victim in reasonable fear of:
(i) sexual battery (as defined in IC 35-42-4-8);
(ii) serious bodily injury; or
(iii) death.
(2) A protective order to prevent domestic or family violence, a
no contact order, or other judicial order under any of the
following statutes has been issued by the court to protect the same
victim or victims from the person and the person has been given
actual notice of the order:
(A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal
(dissolution of marriage and legal separation).
(B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal
(delinquent children and children in need of services).
(C) IC 31-32 or IC 31-6-7 before its repeal (procedure in
juvenile court).
(D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their
repeal (protective order to prevent abuse).
(E) IC 34-26-6 (workplace violence restraining orders).
(3) The person's stalking of another person violates an order
issued as a condition of pretrial release, including release on bail
or personal recognizance, or pretrial diversion if the person has
been given actual notice of the order.
(4) The person's stalking of another person violates a no contact
order issued as a condition of probation if the person has been
given actual notice of the order.
(5) The person's stalking of another person violates a protective
order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity
action if the person has been given actual notice of the order.
(6) The person's stalking of another person violates an order
issued in another state that is substantially similar to an order
described in subdivisions (2) through (5) if the person has been
given actual notice of the order.
(7) The person's stalking of another person violates an order that
is substantially similar to an order described in subdivisions (2)
through (5) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an Alaska Native
village or regional or village corporation as defined in or
established under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their special
status as Indians if the person has been given actual notice of the
order.
(8) A criminal complaint of stalking that concerns an act by the
person against the same victim or victims is pending in a court
and the person has been given actual notice of the complaint.
(9) The offense was committed or facilitated by the use of a
tracking device.
(c) The offense is a Level 4 felony if:
(1) the act or acts were committed while the person was armed
with a deadly weapon; or
(2) the person has an unrelated conviction for an offense under
this section against the same victim or victims.

Legislative History

As added by P.L.242-1993, SEC.4. Amended by P.L.225-1996, SEC.1; P.L.1-1997, SEC.150; P.L.1-1998, SEC.198; P.L.280-2001, SEC.52; P.L.133-2002, SEC.66; P.L.158-2013, SEC.541; P.L.172-2023, SEC.5.