Daviess County - Indiana Criminal Code 2022

252

CRIMINAL LAWAND PROCEDURE

was based on their marriage, if the marriage was valid where it was entered into. 35-46-1-4. Neglect of a dependent; child selling. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: (1) places the dependent in a situation that endangers the dependent’s life or health; (2) abandons or cruelly confines the dependent; (3) deprives the dependent of necessary support; or (4) deprives the dependent of education as required by law; commits neglect of a dependent, a Level 6 felony. (b) However, the offense is: (1) a Level 5 felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and: (A) results in bodily injury; or (B) is:

medical care. “Tobacco business” means a sole proprietor ship, corporation, partnership, or other enterprise in which: (1) the primary activity is the sale of tobacco, tobacco products, and tobacco accessories; and (2) the sale of other products is incidental. 35-46-1-1.3. “Dissolvable tobacco product” defined. As used in this chapter, “dissolvable tobacco product” means a smokeless tobacco product that dissolves in the mouth of the user. 35-46-1-1.5. “Electronic cigarette” defined. As used in this chapter, “electronic cigarette” means a device that is capable of providing an inhalable dose of nicotine by delivering a vapor ized solution. The term includes the components and cartridges. 35-46-1-1.7. “Tobacco” defined. As used in this chapter, “tobacco” includes: (1) chewing tobacco; (2) cigars, cigarettes, and snuff that con tains tobacco; (3) pipe tobacco; and (4) a dissolvable tobacco product. 35-46-1-2. Bigamy. (a) Aperson who, being married and knowing that the person’s spouse is alive, marries again commits bigamy, a Level 6 felony. (b) It is a defense that the accused person rea sonably believed that the person was eligible to remarry. 35-46-1-3. Incest. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person, when the person knows that the other person is related to the person biologi cally as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Level 5 felony. However, the offense is a Level 4 felony if the other person is less than six teen (16) years of age. (b) It is a defense that the accused person’s oth erwise incestuous relation with the other person

(i) committed in a location where a person is violating IC 35-48-4 1 (dealing in cocaine or a nar cotic drug), or IC 35-48-4-1.2 (manufacturing methampheta mine) or IC 35-48-4-1.1 (dealing in methamphetamine); or (ii) the result of a violation of IC 35-48-4-1 (dealing in cocaine or a narcotic drug) or IC 35-48-4-1.1 (dealing in methamphetamine), or IC 35-48-4-1.2 (manufactur ing methamphetamine);

(2) a Level 3 felony if its is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury; (3) a Level 1 felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death or catastrophic injury of a dependent who is less than fourteen (14) years of age or in the death or catastrophic injury of a dependent of any age who has a mental or physical disabil ity; and