Indiana criminal charge
Malicious mischief in Indiana
Malicious mischief is a criminal offense under Indiana law, defined by Ind. Code § 35-45-16-2. 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 § 35-45-16-2.
What is the penalty for malicious mischief in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Malicious mischief — base offense — A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will involuntarily touch it.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Malicious mischief — base offense — A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will involuntarily touch it.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | 6 months to 30 months (Malicious mischief — known/reckless disease exposure (hepatitis/HIV/tuberculosis) — The offense under subsection (c) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis.; 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 (Malicious mischief — known/reckless disease exposure (hepatitis/HIV/tuberculosis) — The offense under subsection (c) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Malicious mischief — transmission of infectious hepatitis or tuberculosis — The offense under subsection (c) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Malicious mischief — transmission of infectious hepatitis or tuberculosis — The offense under subsection (c) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Malicious mischief — transmission of HIV — The offense under subsection (c) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Malicious mischief — transmission of HIV — The offense under subsection (c) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | up to 1 year (Malicious mischief with food — base offense — A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will ingest it.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Malicious mischief with food — base offense — A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will ingest it.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Malicious mischief with food — known/reckless disease exposure (hepatitis/HIV/tuberculosis) — The offense under subsection (e) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis.; 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 (Malicious mischief with food — known/reckless disease exposure (hepatitis/HIV/tuberculosis) — The offense under subsection (e) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Malicious mischief with food — transmission of infectious hepatitis or tuberculosis — The offense under subsection (e) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Malicious mischief with food — transmission of infectious hepatitis or tuberculosis — The offense under subsection (e) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Malicious mischief with food — transmission of HIV — The offense under subsection (e) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Malicious mischief with food — transmission of HIV — The offense under subsection (e) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to current.
How is malicious mischief classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Malicious mischief — base offense | Class B Misdemeanor | A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will involuntarily touch it. | Ind. Code § 35-45-16-2(c) |
| Malicious mischief — known/reckless disease exposure (hepatitis/HIV/tuberculosis) | Level 6 Felony | The offense under subsection (c) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis. | Ind. Code § 35-45-16-2(d) |
| Malicious mischief — transmission of infectious hepatitis or tuberculosis | Level 5 Felony | The offense under subsection (c) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection. | Ind. Code § 35-45-16-2(d) |
| Malicious mischief — transmission of HIV | Level 4 Felony | The offense under subsection (c) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected. | Ind. Code § 35-45-16-2(d) |
| Malicious mischief with food — base offense | Class A Misdemeanor | A person recklessly, knowingly, or intentionally places human body fluid or fecal waste in a location intending another person will ingest it. | Ind. Code § 35-45-16-2(e) |
| Malicious mischief with food — known/reckless disease exposure (hepatitis/HIV/tuberculosis) | Level 6 Felony | The offense under subsection (e) occurs where the person knew or recklessly failed to know the body fluid or fecal waste was infected with infectious hepatitis, HIV, or tuberculosis. | Ind. Code § 35-45-16-2(f) |
| Malicious mischief with food — transmission of infectious hepatitis or tuberculosis | Level 5 Felony | The offense under subsection (e) results in actual transmission of infectious hepatitis or tuberculosis after the person knew or recklessly failed to know of the infection. | Ind. Code § 35-45-16-2(f) |
| Malicious mischief with food — transmission of HIV | Level 4 Felony | The offense under subsection (e) results in actual transmission of HIV after the person knew or recklessly failed to know the fluid or waste was HIV-infected. | Ind. Code § 35-45-16-2(f) |
Common questions about malicious mischief in Indiana
Is malicious mischief a felony or a misdemeanor in Indiana?
It depends on the circumstances: malicious mischief ranges from a Class B Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-45-16-2.
Malicious mischief — base offense: Class B Misdemeanor (Ind. Code § 35-45-16-2(c)) · Malicious mischief — known/reckless disease exposure (hepatitis/HIV/tuberculosis): Level 6 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief — transmission of infectious hepatitis or tuberculosis: Level 5 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief — transmission of HIV: Level 4 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief with food — base offense: Class A Misdemeanor (Ind. Code § 35-45-16-2(e)) · Malicious mischief with food — known/reckless disease exposure (hepatitis/HIV/tuberculosis): Level 6 Felony (Ind. Code § 35-45-16-2(f)) · Malicious mischief with food — transmission of infectious hepatitis or tuberculosis: Level 5 Felony (Ind. Code § 35-45-16-2(f)) · Malicious mischief with food — transmission of HIV: Level 4 Felony (Ind. Code § 35-45-16-2(f))
What are the penalties for malicious mischief in Indiana?
Penalties for malicious mischief in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.
Which Indiana statute covers malicious mischief?
Malicious mischief is governed by Ind. Code § 35-45-16-2 (Malicious mischief).
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.