Daviess County - Indiana Criminal Code 2022

168

CRIMINAL LAWAND PROCEDURE

35-42-2-3. Provocation. Aperson who recklessly, knowingly, or inten tionally engages in conduct that is likely to pro voke a reasonable person to commit battery commits provocation, a Class C infraction. 35-42-2-5. Overpass mischief. (a) As used in this section, “overpass” means a bridge or other structure designed to carry vehic ular or pedestrian traffic over any roadway, rail road track, or waterway. (b) A person who knowingly, intentionally, or recklessly: (1) drops, causes to drop, or throws an object from an overpass; or (2) with the intent that the object fall, places on an overpass an object that falls off the overpass; causing bodily injury to another person commits overpass mischief, a Level 5 felony. However, the offense is a Level 4 felony if it results in serious bodily injury to another person. 35-42-2-9. Strangulation. (a) This section does not apply to a medical procedure. (b) As used in this section, “torso” means any part of the upper body from the collarbone to the hips. (c) A person who, in a rude, angry or insolent manner, knowingly or intentionally: (1) applies pressure to the throat or neck of another person; or (2) obstructs the nose or mouth of another person;or (3) applies pressure to the torso of another person; in a manner that impedes the normal breathing or the blood circulation of the other person com mits strangulation, a Level 6 felony. (d) However, the offense under subsection (c) is a Level 5 felony if: (1) the offense is committed by a person: (A) against a pregnant woman; and (B) who knew the victim was preg nant at the time of the offense; or (2) the person has a prior unrelated con viction under this section.

Chapter 3. Kidnapping, Confinement and Interference With Custody.

35-42-3-1. 35-42-3-2. 35-42-3-3. 35-42-3-4.

Confined defined.

Kidnapping.

Criminal confinement. Interference with custody.

35-42-3-1. Confined defined. As used in this chapter, “confine” means to substantially interfere with the liberty of a person. 35-42-3-2. Kidnapping. (a) A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another commits kidnapping. Except as provided in sub section (b), the offense of kidnapping is a Level 6 felony. (b) The offense described in subsection (a) is: (1) a Level 5 felony if: (A) the person removed is less than fourteen (14) years of age and is not the removing person’s child. (B) it is committed by using a vehicle; or (C) it results in bodily injury to a per son other than the removing person; (2) a Level 4 felony if it results in moder ate bodily injury to a person other than the removing person; (3) a Level 3 felony if it: (A) is committed while armed with a deadly weapon; (B) results in serious bodily injury to a person other than the removing per son; or (C) is committed on an aircraft; and (4) a Level 2 felony if it is committed: (A) with intent to obtain ransom; (B) while hijacking a vehicle; (C)with intent to obtain the release, or intent to aid in the escape, of any per son from lawful incarceration; or (D) with intent to use the person removed as a shield or hostage. 35-42-3-3. Criminal confinement. (a) A person who knowingly or intentionally confines another person without the other per son’s consent commits criminal confinement.