Indiana criminal charge
Criminal confinement in Indiana
Criminal confinement is a criminal offense under Indiana law, defined by Ind. Code § 35-42-3-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-3-3.
What is the penalty for criminal confinement in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Criminal confinement (base offense) — A person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Criminal confinement (base offense) — A person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury — The confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury — The confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Criminal confinement resulting in moderate bodily injury — The confinement results in moderate bodily injury to a person other than the confining person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Criminal confinement resulting in moderate bodily injury — The confinement results in moderate bodily injury to a person other than the confining person.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft — The confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft — The confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage — The confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage — The confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is criminal confinement classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal confinement (base offense) | Level 6 Felony | A person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply. | Ind. Code § 35-42-3-3(a) |
| Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury | Level 5 Felony | The confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person. | Ind. Code § 35-42-3-3(b) |
| Criminal confinement resulting in moderate bodily injury | Level 4 Felony | The confinement results in moderate bodily injury to a person other than the confining person. | Ind. Code § 35-42-3-3(b) |
| Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft | Level 3 Felony | The confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft. | Ind. Code § 35-42-3-3(b) |
| Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage | Level 2 Felony | The confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage. | Ind. Code § 35-42-3-3(b) |
Common questions about criminal confinement in Indiana
Is criminal confinement a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal confinement ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-3-3.
Criminal confinement (base offense): Level 6 Felony (Ind. Code § 35-42-3-3(a)) · Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury: Level 5 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement resulting in moderate bodily injury: Level 4 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft: Level 3 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage: Level 2 Felony (Ind. Code § 35-42-3-3(b))
What are the penalties for criminal confinement in Indiana?
Penalties for criminal confinement in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers criminal confinement?
Criminal confinement is governed by Ind. Code § 35-42-3-3 (Criminal confinement).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.