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Highway worksites; penalties for violations in Indiana

Current through 2026 Indiana legislative session

Highway worksites; penalties for violations is a criminal offense under Indiana law, defined by Ind. Code § 9-21-8-56. 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 § 9-21-8-56.

What is the penalty for highway worksites; penalties for violations in Indiana?

Penalties for Highway worksites; penalties for violations
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Reckless operation near highway worksite — A person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Reckless operation near highway worksite — A person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Jail / prisonup to 1 year (Knowing/intentional operation with intent to damage devices or injure worker — A person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Knowing/intentional operation with intent to damage devices or injure worker — A person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Jail / prisonup to 1 year (Aggressive driving or speed contest near worksite — A person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Aggressive driving or speed contest near worksite — A person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Jail / prisonup to 1 year (Reckless failure to obey traffic control device or flagman — A person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Reckless failure to obey traffic control device or flagman — A person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply.)discretionaryInd. Code § 35-50-3-2
Jail / prison6 months to 30 months (Elevated offense with prior conviction or OWI violation — An offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Elevated offense with prior conviction or OWI violation — An offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2.)discretionaryInd. Code § 35-50-2-7
Jail / prison6 months to 30 months (Offense resulting in bodily injury to worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Offense resulting in bodily injury to worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Offense resulting in death of worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Offense resulting in death of worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite.)discretionaryInd. Code § 35-50-2-6
Fineup to $1,000 (Minor traffic acts near worksite — A person knowingly, intentionally, or recklessly engages in certain acts described in section 55(b)(1)-(6) in the immediate vicinity of a highway worksite when workers are present.; civil judgment, not a criminal conviction (IC 34-28-5); no jail)discretionaryInd. Code § 34-28-5-4

Applies to current.

How is highway worksites; penalties for violations classified in Indiana?

The classification depends on the circumstances:

Classification variants for Highway worksites; penalties for violations
VariantClassificationWhen it appliesStatute
Reckless operation near highway worksiteClass A MisdemeanorA person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.Ind. Code § 9-21-8-56(b)
Knowing/intentional operation with intent to damage devices or injure workerClass A MisdemeanorA person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply.Ind. Code § 9-21-8-56(c)
Aggressive driving or speed contest near worksiteClass A MisdemeanorA person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.Ind. Code § 9-21-8-56(d)
Reckless failure to obey traffic control device or flagmanClass A MisdemeanorA person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply.Ind. Code § 9-21-8-56(e)
Elevated offense with prior conviction or OWI violationLevel 6 FelonyAn offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2.Ind. Code § 9-21-8-56(f)
Offense resulting in bodily injury to workerLevel 6 FelonyAn offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite.Ind. Code § 9-21-8-56(g)
Offense resulting in death of workerLevel 5 FelonyAn offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite.Ind. Code § 9-21-8-56(h)
Minor traffic acts near worksiteClass B InfractionA person knowingly, intentionally, or recklessly engages in certain acts described in section 55(b)(1)-(6) in the immediate vicinity of a highway worksite when workers are present.Ind. Code § 9-21-8-56(i)

Common questions about highway worksites; penalties for violations in Indiana

Is highway worksites; penalties for violations a felony or a misdemeanor in Indiana?

It depends on the circumstances: highway worksites; penalties for violations ranges from a Class B Infraction to a Level 5 Felony in Indiana under Ind. Code § 9-21-8-56.

Reckless operation near highway worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(b)) · Knowing/intentional operation with intent to damage devices or injure worker: Class A Misdemeanor (Ind. Code § 9-21-8-56(c)) · Aggressive driving or speed contest near worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(d)) · Reckless failure to obey traffic control device or flagman: Class A Misdemeanor (Ind. Code § 9-21-8-56(e)) · Elevated offense with prior conviction or OWI violation: Level 6 Felony (Ind. Code § 9-21-8-56(f)) · Offense resulting in bodily injury to worker: Level 6 Felony (Ind. Code § 9-21-8-56(g)) · Offense resulting in death of worker: Level 5 Felony (Ind. Code § 9-21-8-56(h)) · Minor traffic acts near worksite: Class B Infraction (Ind. Code § 9-21-8-56(i))

What are the penalties for highway worksites; penalties for violations in Indiana?

Penalties for highway worksites; penalties for violations in Indiana depend on how it is classified — from a Class B Infraction up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.

Which Indiana statute covers highway worksites; penalties for violations?

Highway worksites; penalties for violations is governed by Ind. Code § 9-21-8-56 (Highway worksites; penalties for violations).

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.