§ 35-45-2-1 — Intimidation

Indiana § 35-45-2-1

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 2: Intimidation and Other Offenses Relating to

Text

(a) A person who communicates a threat with
the intent:
(1) that another person engage in conduct against the other
person's will;
(2) that another person be placed in fear of retaliation for a prior
lawful act;
(3) of:
(A) causing:
(i) a dwelling, a building, or other structure; or
(ii) a vehicle;
to be evacuated; or
(B) interfering with the occupancy of:
(i) a dwelling, building, or other structure; or
(ii) a vehicle; or
(4) that another person be placed in fear that the threat will be
carried out, if the threat is a threat described in:
(A) subsection (c)(1) through (c)(5); or
(B) subsection (c)(7) through (c)(8);
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Level 6 felony if:
(A) the threat is to commit a forcible felony;
(B) the subject of the threat or the person to whom the threat is
communicated is a witness (or the spouse or child of a witness)
in any pending criminal proceeding against the person making
the threat;
(C) the threat is communicated because of the occupation,
profession, employment status, or ownership status of a person
or the threat relates to or is made in connection with the
occupation, profession, employment status, or ownership status
of a person;
(D) the person has a prior unrelated conviction for an offense
under this section concerning the same victim; or
(E) the threat is communicated using property, including
electronic equipment or systems, of a school corporation or
other governmental entity; and
(2) Level 5 felony if:
(A) while committing it, the person draws or uses a deadly
weapon;
(B) the subject of the threat or the person to whom the threat is
communicated:
(i) is a judicial officer or bailiff of any court; or
(ii) is a prosecuting attorney or a deputy prosecuting attorney;
and the threat relates to the person's status as a judicial officer,
bailiff, prosecuting attorney, or deputy prosecuting attorney, or
is made in connection with the official duties of the judicial
officer, bailiff, prosecuting attorney, or deputy prosecuting
attorney; or
(C) the threat is:
(i) to commit terrorism; or
(ii) made in furtherance of an act of terrorism.
(c) "Threat" means an expression, by words or action, of an
intention to:
(1) unlawfully injure the person threatened or another person, or
damage property;
(2) unlawfully subject a person to physical confinement or
restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to
another person's legal claim or defense, except for a reasonable
claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or
ridicule;
(7) falsely harm the credit or business reputation of a person; or
(8) cause the evacuation of a dwelling, a building, another
structure, or a vehicle. For purposes of this subdivision, the term
includes an expression that would cause a reasonable person to
consider the evacuation of a dwelling, a building, another
structure, or a vehicle, even if the dwelling, building, structure, or
vehicle is not evacuated.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts
1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984,
SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993,
SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003,
SEC.3; P.L.3-2006, SEC.2; P.L.123-2013, SEC.3; P.L.158-2013,
SEC.523; P.L.168-2014, SEC.82; P.L.85-2017, SEC.114; P.L.66-2019,
SEC.17; P.L.5-2022, SEC.6.