Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

163

including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), IC 16-36-7 (advance directive), or IC 30-5 (health care power of attorney). (b) A person who has knowledge that another person intends to commit or attempt to commit sui cide and who intentionally does either of the fol lowing commits assisting suicide, a Level 5 felony: (1) Provides the physical means by which the other person attempts or commits sui cide. (2) Participates in a physical act by which the other person attempts or commits sui cide. 35-42-1-3. Voluntary manslaughter. (a) A person who knowingly or intentionally: (1) kills another human being; or (2) except as provided in section 6.5 of this chatper, kills a fetus in any stage of development; while acting under sudden heat commits voluntary manslaughter, a Level 2 felony. (b) The existence of sudden heat is a mitigat ing factor that reduces what otherwise would be murder under section 1(1) of this chapter to vol untary manslaughter. 35-42-1-4. Involuntary manslaughter. (a) As used in this section, “fetus” means a fetus in any stage of development. (b) A person who kills another human being while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inher ently poses a risk of serious bodily injury; (2) a Class Amisdemeanor that inherently poses a risk of serious bodily injury; or (3) battery; commits involuntary manslaughter, a Level 5 felony. (c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while com mitting or attempting to commit: (1) a Level 5 or Level 6 felony that inher ently poses a risk of serious bodily injury; (2) a Class Amisdemeanor that inherently poses a risk of serious bodily injury; (3) a battery offense included in IC 35-

commits dealing in a controlled substance result ing in death, a Level 2 felony. (c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4, an offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35 48-4-10.5 (before its repeal on July 1, 2019), a con trolled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4 4.6), that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the con trolled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony. (d) It is not a defense to an offense described in this section that the human being died: (1) after voluntarily using, injecting, inhal ing, absorbing, or ingesting a controlled substance or controlled substance analog; or (2) as a result of using the controlled sub stance or controlled substance analog in combination with alcohol or another con trolled substance or with any other com pound, mixture, diluent, or substance. 35-42-1-2. Causing suicide. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony. 35-42-1-2.5. Assisting suicide. (a) This section does not apply to the follow ing: (1) A licensed health care provider who administers, prescribes, or dispenses med ications or procedures to relieve a per son’s pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death. (2) The withholding or withdrawing or medical treatment or life-prolonging pro cedures by a licensed health care provider,