Indiana intimidation statute. Criminal Organization Recruitment; 35-45-9-6.

Indiana intimidation statute This time frame applies to both adults and minors over the age of six. Victim Rights Chapter 5. The juvenile court found J. The State did not seek transfer in Gaddis, and our supreme court subsequently seemed to question the result of that 2023 Indiana Code Title 31. (a) A person who knowingly or intentionally violates: (1) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5. Definitions 31-9-2-42. For personal injury or wrongful death claims, the statute is generally two years from the incident date, according to Indiana Code 34-11-2-4. Victim Rights IC 35-40-5-1 Right to fairness, dignity, and respect; right to freedom from harassment and intimidation Sec. Indiana’s harassment statute does not address any “threat” communicated to another person, nor does the word even appear anywhere in the statute. 2023 Indiana Code Title 35. Intimidation. Build Version: 1. "Domestic or Family Violence" Universal Citation: IN Code § 31-9-2-42 (2023) Learn more This media-neutral citation We consider each statute in turn. Indiana s intimidation statute 6 provides that [a] person who communicates a threat to another person, with the intent . Universal Citation: IN Code § 35-47-4-3 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily [¶13] As stated previously, Indiana's intimidation statute, INDIANA CODE § 35-45-2-1(a)(4), provides that "[a] person who communicates a threat with the intent . Collectors Indiana’s intimidation statute also clarifies that the communication of a threat can be accomplished by posting a message electronically, including on a social networking website. The intimidation statute, INDIANA CODE § 35-45-2-1, provides that “[a] person who communicates a threat with the intent . As this is a penal statute, the terms are to be strictly construed against the State. Universal 2023 Indiana Code Title 35. Universal Citation: IN Code § 35-45-2-5 (2023) Learn more This media-neutral citation is based on the American 2023 Indiana Code Title 5. Official Misconduct. As we have already noted, it is clear 2017 Indiana Code TITLE 35. Impersonation of a public servant. ” Roar v. Code § 35-41-3-2. In an age when social media use is so prevalent, it stands to reason that intimidation charges are only Court of Appeals of Indiana | Memorandum Decision 19A-CR-769 | September 12, 2019 Page 1 of 7 Statement of the Case [1] Following a bench trial, Abraham Perry (“Perry”) was found guilty of Level 5 felony intimidation1 and Class B misdemeanor criminal mischief. While waiting for a table at an Elkhart restaurant, Justin Beegle intervened in an argument between Harold Chastain and Tracy Wilmore in the parking lot after Beegle saw 2023 Indiana Code Title 35. "Law Enforcement Officer" Universal Citation: IN Code § 35-31. Height: 5'11" Weight: 190 lbs. Whitaker-Blakey’s (DOB 5/17/1997) appeal to overturn his conviction. : 1:15-CR-46-TLS (N. ]” Ind. "Stalk" Defined. Code § 35-45-2-1 IMPD announces the arrest of an 18-year-old in last night’s shooting at Castleton Square Mall. CAUSE NO. Harassment; "Obscene Message" Defined. Offenses Against Property Chapter 1. June 9, 2022 | Jordan Morey. Expulsion was proper according to Ind. Stalking 35-45-10-2. Contrary to Gates’ assertions, the statute does not simply require that, in order for the State to obtain a conviction, it must merely show that a threat was made. Indiana Code Title 34, Article 11, outlines these limitations, detailing specific periods for various legal actions operatorscard. The period is calculated from the date the 2023 Indiana Code Title 3. The Indiana laws on intimidation and harassment are both contained in Indiana Code 35-45-2, and are often confused with one another. Also, it wasn’t clear that intimidation covered interfering with the The Indiana Discovery Rule specifies how long a plaintiff has to find or reasonably should have found their injury or cause to sue. See Indiana Code 1-1-4-5; Bailiff: a court officer who enforces the rules of behavior in courtrooms. [15] We are not sure what the State means by this. 2 Perry appeals his intimidation conviction, arguing that the evidence was At the time Peppers committed the offense, Indiana’s intimidation statute provided, in pertinent part, that “[a] person who communicates a threat to another person, with the intent . com Even though a man waived his challenge to the Indiana intimidation statute, the Court of Appeals of Indiana still addressed his arguments and found the law was not vague under the facts and circumstances of his case. On Tuesday, it was stripped of the list of specific protected groups. Universal Citation: IN Code § 35-45-10-2 (2023) Indiana’s statutes of limitations are codified in various sections of the Indiana Code. Under the statute, the term “threat” is defined to include, among other things, an expression intended to “expose In Indiana, the intimidation statute is probably the most relevant statute to consider (IC 35-45-2-1). Eye Color: Brown. Hicks Law, a trusted criminal defense law firm, is here to guide you through Indiana Code 35-45-2-2, which outlines INDIANA CODE § 35-45-2-1(a), provides that a person commits the crime of intimidation as a Class A misdemeanor when he “communicates a threat to Court of Appeals of Indiana | Memorandum Decision 36A01-1501-CR-32 | September 30, 2015 Page 7 of 9 another person, with the intent: (1) that the other person engage in conduct against the other person’s will; [or] 2017 Indiana Code TITLE 35. Previous Next Sec. 3 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily Mark M. Advanced search options. 5 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. (8) cause the evacuation Learn about the different types of felony intimidation offenses in Indiana, the penalties, and the defenses. Indiana Dep't of Rev. at 1042. What are Indiana intimidation charges? In Indiana, doing either would likely result in criminal recklessness charges. Full Name: Lee Alberto Guzman. Criminal Law and Procedure ARTICLE 45. Indiana’s self-defense statute instructs that “a person is not justified in using force if the person,” among other things, “is committing . Offenses Against Public Health, Order, and Decency Chapter 2. Law Enforcement Chapter 1. State of Indiana Annotate this Case. Pointing Firearm at Another Person. 1-9. Kidnapping and Confinement 35-42-3-2. I must therefore respectfully dissent. Interference with General Government Operations 35-44. From Casetext: Smarter Legal Research. VICTIM RIGHTS IC 35-40-5 Chapter 5. 5-2-185 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. 5. See footnote 5 I. Indiana may have more current or accurate information. The primary task when construing statutes is to determine and implement the intent of the legislature. E. that another person be placed in fear that the threat will be carried out . Intimidation and Free-Speech Limitations on Threats to Commit Defamation The grand jury indicted Defendant for intimidating the Judge under Indiana Code section 35-45-2-1(a)(2) (2008), for communicat[ing] a threat to the Judge, with the intent to place[ him] in fear of retaliation for [the] prior lawful act of issuing 2017 Indiana Code TITLE 35. 5-2-185. ] The post Court of Appeals Panel The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. Criminal Organization Recruitment; 35-45-9-6. State and Local Administration Article 2. Offenses Against the Person Chapter 3. L. 8. On May 6, Consumers in Indiana have legal defenses and rights against unjust debt collection. Therefore, Johnson reasons that demanding that someone be silent cannot be construed as intending to have the person engage in conduct. State The Indiana Department of Labor’s Whistleblower Protection Unit seeks to provide protection for Hoosier workers who have engaged in a protected activity, and as a result, have been subjected to an adverse action. B. The Indiana Statute of Frauds delineates specific categories of contracts that must be in writing to be enforceable, covering transactions involving significant financial or personal commitments. Arrest Age: 25. § 35-31. Criminal Law and Procedure Article 43. Intimidation and Other Offenses Relating to Communications. Because the School's 35-45-9-4. 1-5 before their repeal); 2017 Indiana Code TITLE 35. Indiana also makes it a crime to communicate threats of bodily harm, unlawful restraint, property damage, other criminal acts, or exposure to hate, contempt, disgrace, or ridicule, intending to make the recipient fear the threats will be carried out. Id. at 1041-42. Understanding these differences becomes vital when facing charges of threatening or intimidation in Indiana. 2. However, the offense of intimidation is a Level 6 Gates contends that, as a result, the portion of the intimidation statute under which he was charged does not adequately convey what conduct is proscribed. Arrest Information. Home Loan Practices Chapter 3. Police Officers; Enforcement Powers; Duties; Oath; Training. ” Ind. Voter Intimidation. Yet because three ACCA-qualifying felonies suffice, the judge concluded application of Issue Two: Count Three Cable next contends that Indiana s intimidation statute, as applied against him in count three of the charging information, is unconstitutionally vague and overbroad. For instance, a person with two prior unrelated felony convictions could face an additional sentence Intimidation vs. We cannot agree. The case the Roar Court was criticizing was C. Alcohol and Tobacco Article 5. For instance, it wasn’t clear that threats made electronically were prohibited. The intimidation statute criminalizes threats made with a certain intent. ; Conviction: A judgement of guilt against a criminal defendant. Evidence of a person's character or character trait is not admissible to prove that on a particular For purposes of the intimidation statute, our supreme court has observed that whether a statement constitutes a true threat under Indiana law depends on two necessary elements, namely “that the speaker intend his communications to put his targets in fear for their safety, and that the communications were likely to actually cause such fear in 2023 Indiana Code Title 35. Universal Citation: IN Code § 35-45-4-1. 185. Universal Citation: IN Code § 35-42-3-2 (2022) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. False Reporting; False Informing. IGA Member Portal . Universal Citation: IN Code § 35-42-5-1 (2023) Learn more This media-neutral citation is based IC 35-46-1-15. Habitual Offenders. 10. There are no loopholes that make it acceptable to intimidate someone on Facebook. The line between extortion and intense negotiations may not always be that clear, but what is clear is that a conviction of violating Indiana's intimidation and harassment laws could land you 2023 Indiana Code Title 35. Offenses Against Public Order 35-45-1-3. Gaddis, 680 N. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate (a) A person who communicates a threat with the intent: (1) that another person engage in conduct against the other person’s will; Under the Indiana Code, punishments for crimes commits intimidation, a Class A misdemeanor. Right to Fairness, Dignity, and Respect; Right to Freedom From Harassment and Intimidation; 35-40-5-2. Miscellaneous Provisions 35-47-4-3. 5 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide Court of Appeals of Indiana | Memorandum Decision 24A-CR-01330 | November 19, 2024 Page 4 of 8 [8] Hall contends that the State did not produce sufficient evidence to prove the communication element of the Intimidation statute was satisfied; specifically, that any of the threats Hall made were actually communicated to and received by Weinley Indiana Rules of Evidence. Weapons and Instruments of Violence Chapter 4. 1-9 in order to prevent interference with school purposes and to protect persons on school property (even though only one such standard need be met). Cause another person to fear for retaliation for a prior lawful act. 2016). Ransley v. "Harassment" Defined. Previous Under Indiana’s intimidation statute, an individual is prohibited from communicating with the intent to create fear of retaliation for a prior lawful act, or to force a person to engage in conduct against his or her will. App. § 35-45-2-1(d)(1)-(8). On May 6, 2017 Indiana Code TITLE 35. Spangler v. Universal Citation: IN Code § 35-44. Indiana Code Section 35-31. Obstruction of Justice. Consumers can dispute a debt within 30 days of initial contact. “Indeed, the statute’s infirmity lies in its lack of definition,” Pyle wrote. (a) In Indiana, the statute of limitations for civil actions varies by case type, balancing the rights of justice seekers and legal stability. BAIL AND BAIL PROCEDURE. Universal Citation: IN Code § 35-45-10-1 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION CHAPTER 2. Criminal Law and Procedure Article 40. Stalking 35-45-10-1. We affirm. Download . This statute allows for additional sentencing enhancements if the defendant has prior unrelated felony convictions. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute. Battery and Related Offenses 35-42-2-1. Real estate transactions are a primary focus of the Indiana Statute of Frauds. Threats; Refusal to Join or Withdrawal From Organization; Intimidation Offense; 35-45-9-5. I practice primarily in Central Indiana, including Indianapolis, Bloomington, Noblesville, Carmel, Fishers, Danville, Plainfield, Marion County, Hamilton 2023 Indiana Code Title 35. , a juvenile, admitted to committing an act that would be intimidation, a Level 6 felony if committed by an adult. If you use a threat to cause a building conversely vehicle to be evacuated, that also counts as intimidation, whose starts as an Class A misdemeanor, Under IC 35-45-2-1, the offense of “intimidation” is defined within a chapter of the Indiana Code that outlines “intimidation and other offenses relating to communications. When A woman pushes a bill to eliminate statute of limitations for all Indiana sex crimes . The statute of limitations is a key defense, restricting the time frame for pursuing a debt. ) APPEAL FROM THE ST. Universal Citation: IN Code § 35-50-2-8 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily Appellee’s Br. Previous Next 35-40-5-1. Proving intent and bias In Lainhart, the defendant was charged with a single count of intimidation. 2012 Indiana Code TITLE 35. Victim Rights . 35-45-2-2. Intimidation occurs when an individual communicates a threat to compel Intimidation in Indiana is defined under Indiana Code § 35-45-2-1. " I. 2d 109, 113 (Ind. The law requires physical contact, property damage, or threats instilling fear of harm. § 35-45-2-1(a)(1). 23-43-8-2. 21 Views. The Court further held: But even if there may be an act Under Indiana Code 35-45-2-1(c), a person may be charged with intimidation as a Level 5 felony if while committing the act of intimidation they drew or used a deadly The Indiana Court of Appeals affirmed a man’s intimidation conviction, finding it was reasonable for the jury to conclude that the defendant threatened the victim for interrupting an argument. The Student's threat constituted an unlawful violation of Indiana's intimidation statute. commits intimidation[. Download. Indianapolis, IN. For instance, Indiana Code § 34-11-2 outlines the general limitations for civil actions, while criminal statutes are addressed under different provisions. Intimidation, Coercion, and Harassment Prohibited My Wife asked me a question tonight and I am not sure of an appropriate answer. Brian Keith Gates Jr. ” I. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION. Criminal Law and Procedure Article 47. Thus, for purposes of the intimidation statute, the threat is the actus reus of the crime. Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. Code §20-8. What is a level 5 felony in 2023 Indiana Code Title 35. Indiana Code Title 34. Fort Wayne Nat'l Corp. Under the statute, the term “threat” can defined to include, among other things, an printer intended to “expose the person threatened to hatred, contempt General Statute of Limitations in Indiana. at 147. (b) However, the offense is a: (1) Level 6 felony if: (A) the threat is to commit a forcible felony; (B) the person to whom the threat is Under Indiana’s intimidation statute, an customize is prohibited from communicating with the intent to create fear for acts for a previous lawful act, conversely to force a person the interact the behaving against his or her will. Personal Information. Indiana Title 35. 2010). JOSEPH SUPERIOR COURT The Honorable William T. Rule 404 - Character Evidence; Crimes or Other Acts. State, 749 N. Easy to search. Universal Citation: IN Code § 5-2-1-17 (2023) Learn more This media-neutral citation is based on the American Association of Law Indiana’s intimidation statute prohibits persons from communicating threats. [. Theft, Conversion, and Receiving Stolen Property 35-43-4-2. CRIMINAL LAW AND PROCEDURE ARTICLE 33. What is otherwise a Class A misdemeanor is elevated to a Level 6 felony when the target of the threat 2023 Indiana Code Title 35. 1-5. He was convicted of a Click here for learn more about the laws on felony intimidation in Indiana, as fine as other related offenses. 3 convicted Whitaker-Blakey of Intimidation, a Level 6 Felony after a bench trial. Real Estate Transactions. , 649 N. 1-2-6. Criminal Law and Procedure Article 38. As amended through November 4, 2024. ; Corporation: A legal entity owned by the holders of 2023 Indiana Code Title 35. Code § 3545-2-1(a The Court is aware that it has previously ruled that a conviction under Indiana's Intimidation statute was a 1 Citing Cases. Previous Next IC 3-14-3 (d) “ Pattern of racketeering activity ” means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. Charges #1 intimidation by threats. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 4. Offenses Chapter 3. Estate Planning . Crimes and Infractions Chapter 1. p. Read More. Code § 35-45-2-1. Business Formation. Mandatory Training for Law Enforcement Officers 5-2-1-17. Death Sentence and Sentences for Felonies and Habitual Offenders 35-50-2-8. [22] The intimidation statute requires proof of intent that a victim be placed in fear of retaliation for a prior lawful act, and the State did not prove that. Muncie man sentenced for threatening to ‘blow up’ juvenile magistrate’s home. Penry raises a single issue for our review, which we restate as whether the State presented sufficient evidence to support his conviction. It just seems odd he would say such a thing. Intimidation . Find a Lawyer. 7, 2017) Copy Citation. ) ) Court of Appeals Cause Number STATE OF INDIANA, ) 71A03-9906-CR-225 ) Appellee-Plaintiff. Criminal Law and Procedure ARTICLE 42. (1) Prohibited Uses. JOHNSON, ) ) Appellant-Defendant, ) Supreme Court Cause Number ) 71S03-0009-CR-529 v. “The definition 2020 Indiana Code Title 35. However, they are remarkably different offenses. Indiana people depend on this regulation to determine whether a personal injury claim is Indiana‟s intimidation statute . Code § 35-45-2-1(a); Lainhart, 916 N. The state may charge you with intimidation/threat if it can prove you intended to do any of the following: Cause another person to engage in conduct against his or her will. 1-2-2. Means, Court of Appeals of Indiana | Memorandum Decision 49A02-1706-CR-1371| May 24, 2018 Page 6 of 13 [10] The intimidation statute provides that a person who “communicates a threat to another person, with the intent . When determining the proper interpretation of a statute, we utilize the well-established rules of statutory construction. 1-1-1. IC 35-33-8 Chapter 8. v. [15] The intimidation statute, INDIANA CODE § 35-45-2-1, provides that “[a] person who communicates a threat with the intent . Kidnapping. Ellis, 622 F. OFFENSES AGAINST GENERAL PUBLIC ADMINISTRATION CHAPTER 1. Universal Citation: IN Code § 35-43-4-2 (2023) Learn more Largest open database of current and former Indiana jail inmates. Although the statute is rather complicated in terms of the number of possible acts that could be considered intimidation, for our 2017 Indiana Code TITLE 35. Interference With General Government Operations 35-44. ” Accordingly to the statute, a threat is “an expression, with words or action, of an intention to: Ind. Indecent Acts and Prostitution 35-45-4-1. The Discussion and Decision I. Harassment . 1 Invasion of privacy; offense; penalties Sec. Prohibited Lending Practices Generally 24-9-3-8. Intimidation crimes start as class A misdemeanors, punishable by up to a year in jail and a 2017 Indiana Code TITLE 35. Criminal Law and Procedure Article 50. Read the code on FindLaw. The party Indiana may have more current or accurate information. The discovery rule may extend this In Michigan, hate crimes are defined under the Ethnic Intimidation Act, MCL 750. Find out how to contact experienced Indiana criminal defense In Indiana, extortion laws are covered by the statutes for the offenses of "intimidation" and "harassment. (2) the other person be Accused of Intimidation? Call for a free consultation. IC 35-31. § 35-45-2-1. United States v. The statute of limitations in Indiana establishes the time frame within which parties must initiate legal proceedings, ensuring cases are brought to court while evidence remains reliable. Sentences Chapter 2. We conclude that the display of a properly licensed firearm which Gaddis was entitled to carry did not, in itself, constitute a threat under the intimidation statute. False Thus, he reasons, intimidation could not have occurred. Pointing firearm at another person. Universal Citation: IN Code § 35-45-1-3 (2022) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not 2023 Indiana Code Title 35. 1-1-1 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide INTIMIDATION: Intimidation shall defined in IC. Evid. Such threats include those a person makes On April 21, 2016, the Indiana Court of Appeals affirmed Victor Roar’s conviction for intimidation in part because they “conclude[d] that the majority in [an earlier case] did not correctly decide that question. Universal Citation: IN Code § 35-38-1-7. Securing the guidance of 2023 Indiana Code Title 35. Under Indiana Code 32-21-1-1, any contract INTIMIDATION LOSES APPEAL Muncie Indiana – Yesterday, the Indiana Court of Appeals rejected Trenton A. Specifically, he contends that the words "engage in conduct" intimate a proactive or affirmative action. Time: 12:00 AM. In civil matters, the statute of limitations can vary significantly. ” As defined in Indiana Code 35-45-2-1, a person commits the criminal act of intimidation, a Class A 2022 Indiana Code Title 35. Under the statute, the term “threat” is defined to include, among other things, an expression intended to “expose 2022 Indiana Code Title 35. View All Legal Forms. that another person be placed in fear of retaliation for a prior lawful act” commits intimidation as a Class A misdemeanor. 1. " These crimes involve making threats to intimidate or place Section 35-45-2-1 - Intimidation (a) A person who communicates a threat with the intent: (1) that another person engage in conduct against the other person's will; (2) that another person be In Indiana, the legal framework for intimidation charges is outlined under Indiana Code 35-45-2-1. Trade Regulation Article 9. Definitions Chapter 2. [15] The intimidation statute, INDIANA CODE § 35-45-2-1, provides that "[a] person who communicates a threat with the intent [24] For purposes of the intimidation statute, a "forcible felony" is defined as "a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being. Legal Forms & Services. This statute addresses acts where a person maliciously targets another individual based on race, color, religion, gender, or national origin. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 1-2-3. 2d at 862. Is there a legal difference between displaying a hand gun and pointing a handgun? The question came up as we were discussing an event that happened last week in Logansport and whether or not he was justified in We begin by examining the intimidation statute. Offenses Against General Public Administration Chapter 1. commits intimidation, a Class A misdemeanor. Intimidation and Other Offenses Relating to Communications. "Additionally, a charge under INDIANA CODE § 35-45-2-1(a)(4) requires that Indiana Criminal Statute of Limitations Laws; Indiana Criminal Laws; Discuss Intimidation and Harassment Laws with an Indiana Criminal Defense Attorney. A 2023 Indiana Code Title 35. Crime of Domestic Violence; Sentence Procedures. Disorderly Conduct. to serve a determinate In this case, evidence that Johnson displayed a firearm combined with telling Kreczmer “don't even think it,” which was preceded by two obscene remarks, was sufficient for a trier of fact to conclude that Johnson communicated a threat within the meaning of the intimidation statute, namely: Johnson expressed by his words and actions an intention to unlawfully injure 2023 Indiana Code Title 35. Public nudity. Previous On Thursday, the Indiana Senate passed a hate crime bill. Interference With the Reporting of a Crime. 1997) Procedural Body: Legal of ampere trial court's conviction forward intimidation; Law: Intimidation; Facts: Defendant’s son was arrested for murder, and the prosecutor sought and death penalty. Previous Next 2010 Indiana Code TITLE 35. Offenses Against Property Chapter 4. Following an hearing on In Indiana, intimidation exists where a person communicates a threaten to others person with the intent that the other name either: a) engage in conduct against their willingly; oder b) a placed by fear of acts for a prior lawful act. STATUTE: 35-45-2 Indiana's intimidation statute is divisible in the sense required to trigger the modified categorical approach, so a review of the state-court charging document and Ellis's plea colloquy was appropriate — but only to determine which part of the Indiana intimidation statute he was convicted of violating. Criminal Law and Procedure Article 45. 3. Criminal Law and Procedure Section 35-45-10-5. Intimidation, Coercion, and Harassment Prohibited Go to Previous Versions of this Section. Right to Confer With Prosecuting Attorney's Office; 35-40-5-4. But it wasn't the same bill the authors originally wrote. Published: Jan. (a) "Law enforcement officer" means: (1) a police officer (including a correctional police officer), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general; 2023 Indiana Code Title 35. As noted above, the language of the instruction proffered by Morales was taken from the intimidation statute, Indiana Code Section 35-45-2-1. . Injury or Wrongful Death. Criminal Law and Procedure Article 44. Penalties for Intimidation. OFFENSES AGAINST THE PERSON CHAPTER 2. Communicate as used in the intimidation statute encompasses those threats made known or transmitted to another person, and the statute does not limit the means utilized to convey the threat. Release or Escape From Custody of Perpetrator; 35-40-5-3. 21. Mar. Universal Citation: IN Code § 35-42-5-1 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not Whether a communication is a threat is an objective question for the trier of fact. at 930. 2001), the Indiana Supreme Court held that [t]he Indiana intoxication statute eliminates the requirement that the voluntarily intoxicated defendant acted knowingly or intentionally as to those crimes that include those elements. § 35-45-2-1(a)(2). (a) A person who communicates a threat with the intent: (1) that another person engage in conduct against the other person's will; (2) (a) A person who communicates a threat with the intent: commits intimidation, a Class A misdemeanor. OFFENSES AGAINST THE PERSON CHAPTER 5. Universal Citation: IN Code § 35-45-10-5 (2023) Learn 2023 Indiana Code Title 7. A. As our Supreme Court has discussed: A challenge to the validity of a statute must overcome a presumption that the statute is constitutional. Intimidation and Other Offenses Relating to Communications 35-45-2-5. § 35-45-2-1(a We reversed the defendant s intimidation conviction, stating that under the intimidation statute the mere display of a handgun does not express an intention to unlawfully injure a person or his property. Criminal Law and Procedure ARTICLE 47. Ajabu v. Criminal Mischief; Institutional Criminal Mischief; Controlled Substances Criminal Indiana Allen County Lee Guzman. ” The statute says that a person commits the offense of intimidation if that person “communicates a threat with the intent” that any one of the following occurs: [13] As stated previously, Indiana's intimidation statute, Indiana Code § 35-45-2-1(a)(4), provides that “[a] person who communicates a threat with the intent ․ that another person be placed in fear that the threat will be carried out ․ commits intimidation, a Class A misdemeanor. It involves communicating a threat to another person with the intent of making them act against their will, causing fear, or interfering with certain activities. 5-2 . 3d 784, 798 (7th Cir. Days after a Muncie man Text of Statute(s) Ind. 5-2-185 "Law enforcement officer" Sec. Actions related to contracts Under Indiana’s intimidation statute, an individual is prohibited from communicating with the intent to create fear of retaliation for a prior lawful act, or to force a person to engage in conduct against his or her will. Universal Citation: IN Code § 35-45-1-3 Indiana’s intimidation statute is long and includes many different situations. Robbery. (2) the other person be placed in fear of retaliation for a prior lawful act; commits intimidation, a Class A misdemeanor. On April, 15, 2024, the Honorable Douglas Mawhorr, Judge of the Delaware Circuit Court No. Generally, individuals have two years from the date the alleged malpractice occurred to file a claim. 8. that the other person be placed in fear of retaliation for a prior lawful act . Some of these qualify under the ACCA, and some don’t. Universal Citation: IN Code § 35-47-4-3 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide 2019 Indiana Code Title 3. PRELIMINARY PROCEEDINGS CHAPTER 8. Robbery 35-42-5-1. A victim has the right to be: (1) treated with fairness, dignity, and respect; and Indiana Statehouse 200 W Washington St. Public Intoxication Prohibited; Failure to Enforce by a Law Enforcement Officer. In Indiana, the legal system defines harassment, particularly when it comes to transmitting obscene, indecent, or profane messages. 1-5-1-3. Ct. 2d at 939. Intimidation and Other Offenses Relating to Communications 35-45-2-1. 46204 (317) 233-5293. Official misconduct. Offenses Against the Person Chapter 5. ” Mayes v. Sec. Stalking 35-45-10-5. Voter intimidation. Download PDF 2023 Indiana Code Title 35. Thus, the intimidation statute should not be construed to criminalize the mere display of a weapon when the person charged has a constitutional right to carry it. Intimidation and Other Offenses Relating to Communications 35-45-2-2. 5 Indiana's intimidation statute also clear that to communication. Interference With Free and Equal Elections 3-14-3-21. The statute itself hinges on and description of “threat,” and many would be surprised by what qualifies as a “threat. IC 35-33-8-1 I’ll post the statute from our state code too. As we stated above, the State has the burden to show, among other things, that the defendant threatened the victim with the intent that she be placed in fear of retaliation for a prior lawful act. (footnote omitted). Get and explore breaking Indiana local news alerts & today's headlines geolocated on live map on website or application Even though a man waived his challenge to the Indiana intimidation statute, the Court of Appeals of Indiana still addressed his arguments and found the law was not vague under the facts and circumstances of his case. However, the incidents are a pattern of racketeering activity only if at least 2023 Indiana Code Title 35. The charging information alleged that the defendant “communicate[d] a Court of Appeals of Indiana | Memorandum Decision 24A-JV-465 | August 14, 2024 Page 1 of 10 Tavitas, Judge. Ind. VICTIM RIGHTS CHAPTER 5. 7 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries The judge held the Indiana intimidation conviction was not a violent felony for ACCA purposes because the Indiana intimidation statute does not require as an element the use, attempted use, or threatened use of physical force against the person of another. See Lee 's Criminal Record. Universal Citation: IN Code § 35-42-3-2 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. Even though these actions often fall under the same section of Indiana law (Indiana Code § 35-45-2-1), the specific application of the law and associated penalties can vary depending on the nuances of the act. State, 49A02-1506-CR-506 (Ind. Universal Citation: IN Code § 3-14-3-21. 18-year-old Aaron McClure faces a felony intimidation with a deadly weapon charge. that the other person be placed in fear of retaliation for a prior lawful act” commits intimidation as a Class A misdemeanor (R. The statute say that when a person communications ampere “threat” to another person also intends to (6) force someone to engage in how against their will, (4) places another person in “fear of retaliation” for a “prior lawful act,” (6) force someone from their home, building, setup alternatively vehicle, commits Instead, this would best fit the definition of an offense called “intimidation. 1995). ’s challenge to her intimidation adjudication. In fact, it specifically defines eight separate types of threats that may be prosecuted. Employees who Court of Appeals of Indiana | Memorandum Decision 18A-CR-665 | August 29, 2018 Page 2 of 6 Statement of the Case [1] Dean Penry appeals his conviction, following a bench trial, for intimidation, as a Class A misdemeanor. T. I have personally defended thousands of cases, teach criminal law at the IU School of Law, am a top rated attorney, and have practiced criminal defense my entire career. By Emilia Miles. Restitution; Previous Next Disclaimer: These codes may not be the most recent version. PDF. The intimidation statute, Indiana Code § 35-45-2-1, provides that “[a] person who communicates a threat with the intent ․ that another person be placed in fear of retaliation for a prior lawful act” commits intimidation as a Class A misdemeanor. Intimidation Indiana Code Section 35-45-2-1, which defines intimidation, states in relevant part: (a) A person who communicates a threat to another person, with the intent that: . Criminal Law and Procedure Article 42. 3d 798 (Ind. to be a delinquent child and ordered J. 1-2-6 (2017) Learn more This media-neutral citation is based on the American Association of Id. that another person engage in conduct against the other person’s will . C. Repeat offenders may face harsher penalties due to the state’s habitual offender statute, codified in Indiana Code 35-50-2-8. 147b. Civil Law and Procedure § 34-30-31-1 Current as of June 08, 2021 | Updated by FindLaw Staff Sec. Rule 404 - Character Evidence; Crimes or Other Acts (a) Character Evidence. was convicted of intimidation, a Level 6 felony, for threatening to blow up his girlfriend’s car. Entry of Judgment and Sentencing 35-38-1-7. CRIMINAL LAW AND PROCEDURE ARTICLE 40. Already have an account? conduct" against her will as set forth in the intimidation statute. Rules. We make no warranties or guarantees about the accuracy, completeness, or D. Skip to main content Skip to AI Virtual Agent. Elections Article 14. Because the state statute is divisible, the Court employed the “modified categorical approach” to take a “peek” at the state court documents to see which part of the statute formed the basis of Portee’s prior conviction. V. Cases. Gender: Male. (WPTA) - At the Indiana Statehouse Tuesday, lawmakers heard testimony supporting a bill that would allow prosecutors to try sex crimes no matter how much time has passed. Date: 11/06/2024. The Defendant's charging documents show that he communicated a threat to commit a forcible felony, with the intent that Id. But because “literal application” of that statute can lead to absurd results, we have held that “there must be an immediate causal connection between the crime and the confrontation. By its Harassment can take various forms in today's digital age, from unwanted phone calls to offensive online messages. a crime. 5 (2019) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. Proceedings Following Dismissal, Verdict, or Finding Chapter 1. 2d 509, 517 (Ind. 1-1-1 (2023) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily The statute that defines the offense of Intimidation provides, in relevant part, “A person who communicates a threat to another person, with the intent that the other person be placed in fear of relation for a prior lawful act commits intimidation. There is a difference between when a statute employs a Next, we turn to A. 2023 Indiana Code (here) 2022 Indiana Code; 2021 Indiana Code; View All Versions; 2023 Indiana Code Title 24. When reviewing a claim of sufficiency of Indianapolis, Indiana IN THE SUPREME COURT OF INDIANA JARON Q. WEAPONS AND INSTRUMENTS OF VIOLENCE CHAPTER 4. 5-2-330 provides that the definition of “threat” set forth in Indiana Code Section 35-45-2-1(c) specifically applies to the intimidation statute. Court of Appeals of Indiana | Opinion 49A02-1506-CR-506 | April 21, 2016 Page 11 of 11 However, the postconviction court found that Matthews’s testimony at the guilty plea hearing clearly established that he committed the offense of intimidation as provided in subsection (a)(2) of the intimidation statute, which Court of Appeals of Indiana | Memorandum Decision 27A05-1503-PC-116 | September 29, 2015 Page 6 of 8 requires that 2023 Indiana Code Title 35. Criminal Law and Procedure ARTICLE 44. 35-45-2-1. 7. Theft. Offenses Against Public Health, Order, and Decency Chapter 1. Bail and Bail Procedure. Offenses Against Public Health, Order, and Decency Chapter 10. State, 677 N. Arson, Mischief, and Tampering 35-43-1-2. Harassment; "Obscene INTIMIDATION LOSES APPEAL Muncie Indiana – Yesterday, the Indiana Court of Appeals rejected Trenton A. Mar 7, 2017. Because Indiana's intimidation statute is divisible, a modified categorical is appropriate in determining whether the conviction is a violent felony. Domestic battery. Hair Color: Brown. Code § 35-45-2-1(a). D. R. Case Summary [1] J. Definitions 35-31. General Public Administration 35-44. Criminal Stalking. For most consumer debts, such as credit card debt, the statute of limitations is six years. ) This information tracks the language of the intimidation statute that reads in relevant part: (a) A person who communicates a threat to another person, with the intent that: . Universal Citation: IN Code § 35-45-2-1 (2020) Learn more This media-neutral citation is based on the American Association of Law Libraries Id. State, 2 N. Criminal Law and Procedure Article 31. 7 provides that “[a] person who communicates a threat to another person, with the intent . 404. I. at 694, 696. Family Law and Juvenile Law Article 9. Just as one would not characterize a defendant’s act of killing another as “only Terms Used In Indiana Code 35-45-2-1. 25, 2024 at 8:07 AM EST FORT WAYNE, Ind. 2d 1035 (Ind. Offenses Against General Public Administration Chapter 2. Miller. Instead, the State chose to prosecute McGuire under Indiana’s harassment statute; a statute that does not mention anywhere in its text the word “threat,” and a statute that does not define the Court of Appeals of Indiana | Memorandum Decision 23A-JV-1584 | April 17, 2024 Page 3 of 6 [6] Our intimidation statute provides, in relevant part, that “[a] person who communicates a threat with the intent . Universal Citation: IN Code § 35-42-2-1. General Provisions; Public Intoxication 7. Cipher § 35-45-2-1 – Intimidation. In Indiana, the standard statute of limitations for medical malpractice claims is outlined under Indiana Code 34-18-7-1. Ind The distinction between a charge of intimidation and harassment is very important, he wrote. ” Additionally, a charge under Indiana Code § 35-45-2-1(a)(4) requires that the The intimidation statute, Indiana Code § 35-45-2-1, provides that “[a] person who communicates a threat with the intent ․ that another person be placed in fear of retaliation for a prior lawful act” commits intimidation as a Class A misdemeanor. Please Recently, some prosecutions for intimidation were dismissed by the courts because of the way Indiana’s intimidation statute was written. at 3. Sponsored Content. 1. . 15. (ii) made in furtherance of an act of terrorism. vtgqhw mfsamn vplq ovel nzns yodalz dfteuw ews sfxcs giisbtt