§ 35-45-16-2 — Malicious mischief

Indiana § 35-45-16-2

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 16: Malicious Mischief

Text

(a) As used in this section, "body fluid"
means:
(1) blood;
(2) saliva;
(3) sputum;
(4) semen;
(5) vaginal secretions;
(6) human milk;
(7) urine;
(8) sweat;
(9) tears;
(10) any other liquid produced by the body; or
(11) any aerosol generated form of liquids listed in this
subsection.
(b) As used in this section, "infectious hepatitis" means:
(1) hepatitis A;
(2) hepatitis B;
(3) hepatitis C;
(4) hepatitis D;
(5) hepatitis E; or
(6) hepatitis G.
(c) A person who recklessly, knowingly, or intentionally places
human:
(1) body fluid; or
(2) fecal waste;
in a location with the intent that another person will involuntarily touch
the body fluid or fecal waste commits malicious mischief, a Class B
misdemeanor.
(d) An offense described in subsection (c) is a:
(1) Level 6 felony if the person knew or recklessly failed to know
that the body fluid or fecal waste was infected with:
(A) infectious hepatitis;
(B) HIV; or
(C) tuberculosis;
(2) Level 5 felony if:
(A) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with infectious hepatitis and
the offense results in the transmission of infectious hepatitis to
the other person; or
(B) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with tuberculosis and the
offense results in the transmission of tuberculosis to the other
person; and
(3) Level 4 felony if:
(A) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
(e) A person who recklessly, knowingly, or intentionally places
human:
(1) body fluid; or
(2) fecal waste;
in a location with the intent that another person will ingest the body
fluid or fecal waste commits malicious mischief with food, a Class A
misdemeanor.
(f) An offense described in subsection (e) is:
(1) a Level 6 felony if the person knew or recklessly failed to
know that the body fluid or fecal waste was infected with:
(A) infectious hepatitis;
(B) HIV; or
(C) tuberculosis;
(2) a Level 5 felony if:
(A) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with infectious hepatitis and
the offense results in the transmission of infectious hepatitis to
the other person; or
(B) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with tuberculosis and the
offense results in the transmission of tuberculosis to the other
person; and
(3) a Level 4 felony if:
(A) the person knew or recklessly failed to know that the body
fluid or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.

Legislative History

As added by P.L.88-2002, SEC.2. Amended by P.L.158-2013, SEC.545.