§ 35-47-4-5 — Unlawful possession of firearm by serious violent felon

(a) As used in this section, "serious violent
felon" means a person who has been convicted of committing a serious
violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) attempted murder (IC 35-41-5-1);
(3) voluntary manslaughter (IC 35-42-1-3);
(4) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(5) battery (IC 35-42-2-1) as a:
(A) Class A felony, Class B felony, or Class C felony, for a
crime committed before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
felony, for a crime committed after June 30, 2014;
(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
3 felony, Level 4 felony, or Level 5 felony;
(7) aggravated battery (IC 35-42-2-1.5);
(8) strangulation (IC 35-42-2-9);
(9) kidnapping (IC 35-42-3-2);
(10) criminal confinement (IC 35-42-3-3);
(11) a human or sexual trafficking offense under IC 35-42-3.5;
(12) rape (IC 35-42-4-1);
(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
(14) child molesting (IC 35-42-4-3);
(15) sexual battery (IC 35-42-4-8) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(16) robbery (IC 35-42-5-1);
(17) carjacking (IC 35-42-5-2) (before its repeal);
(18) arson (IC 35-43-1-1(a)) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
crime committed after June 30, 2014;
(19) burglary (IC 35-43-2-1) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony, for a crime committed after June 30, 2014;
(20) assisting a criminal (IC 35-44.1-2-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(21) resisting law enforcement (IC 35-44.1-3-1) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
crime committed after June 30, 2014;
(22) escape (IC 35-44.1-3-4) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(24) criminal organization intimidation (IC 35-45-9-4);
(25) stalking (IC 35-45-10-5) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(26) incest (IC 35-46-1-3);
(27) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(28) dealing in methamphetamine (IC 35-48-4-1.1) or
manufacturing methamphetamine (IC 35-48-4-1.2);
(29) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
or
(32) dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Level 4 felony.

Legislative History

As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58; P.L.158-2013, SEC.590; P.L.214-2013, SEC.40; P.L.168-2014, SEC.88; P.L.25-2016, SEC.26; P.L.65-2016, SEC.39; P.L.252-2017, SEC.19; P.L.198-2018, SEC.9; P.L.142-2020, SEC.74; P.L.28-2023, SEC.3; P.L.1-2025, SEC.231.