Daviess County - Indiana Criminal Code 2022

218

CRIMINAL LAWAND PROCEDURE

uses a deadly weapon or inflicts bodily injury on another person. (b) Aperson, except as provided in subsection (c), who intentionally flees from lawful deten tion commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while commit ting it, the person draws or uses a deadly weapon or inflicts bodily injury on another person. (c) A person who: (1) knowingly or intentionally violates a home detention order, except for a provi sion of a home detention order relating to: (A) the possession or consumption of alcohol or a controlled substance in the person's home; (B) tardiness to or missed appoint ments with supervising staff; or (C) the failure to pay user fees; or (2) intentionally removes, disables, or interferes with the operation of an elec tronic monitoring device or GPS tracking device; (d) A person who knowingly or intentionally fails to return to lawful detention following tem porary leave granted for a specified purpose or lim ited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the per son draws or uses a deadly weapon or inflicts bodily injury on another person. 35-44.1-3-5. Trafficking with an inmate. (a) As used in this section, “juvenile facility” means the following: (1) A secure facility (as defined in IC 31 9-2-114) in which a child is detained under IC 31 or used for a child awaiting adjudi cation or adjudicated under IC 31 as a child in need of services or a delinquent child. (2) A shelter care facility (as defined in IC 31-9-2-117) in which a child is detained under IC 31 or used for a child awaiting adjudication or adjudicated under IC 31 as a child in need of services or a delinquent child. (b) A person who, without the prior authori-

(b) A person who: (1) knows that another person is an officer; and (2) knowingly or intentionally takes or attempts to take a firearm (as defined in IC 35-47-1-5) or weapon that the officer is authorized to carry from the officer or from the immediate proximity of the offi cer; (A) without the consent of the officer; and (B) while the officer is engaged in the performance of the officer’s official duties; commits disarming a law enforcement officer, a Level 5 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to a law enforcement officer, and the offense is a Level 1 felony if it results in death to a law enforcement officer. 35-44.1-3-3. Refusal to aid an officer. Aperson who, when ordered by a law enforce ment officer to assist the officer in the execution of the officer’s duties, knowingly and intention ally, and without reasonable cause, refuses to assist commits refusal to aid an officer, a Class B misdemeanor. 35-44.1-3-4. Escape; Failure to return to lawful detention. (a) This section does not apply to a child who: (1) flees from lawful detention (as defined in IC 35-31.5-2-186) where the child has been placed; (2) violates a home detention order imposed on the child; (3) removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or (4) fails to return to lawful detention fol lowing temporary leave granted for a spec ified purpose or limited period; due to an allegation or adjudication that the child committed an act described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses), unless the child, while committing the offense, draws or