Indiana criminal charge
Overpass mischief in Indiana
Overpass mischief is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-5. 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 § 35-42-2-5.
What is the penalty for overpass mischief in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Overpass mischief causing bodily injury — A person knowingly, intentionally, or recklessly drops, causes to drop, throws, or intentionally places an object from/on an overpass that falls, causing bodily injury to another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Overpass mischief causing bodily injury — A person knowingly, intentionally, or recklessly drops, causes to drop, throws, or intentionally places an object from/on an overpass that falls, causing bodily injury to another person.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Overpass mischief causing serious bodily injury — The same overpass mischief conduct results in serious bodily injury to another person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Overpass mischief causing serious bodily injury — The same overpass mischief conduct results in serious bodily injury to another person.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is overpass mischief classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Overpass mischief causing bodily injury | Level 5 Felony | A person knowingly, intentionally, or recklessly drops, causes to drop, throws, or intentionally places an object from/on an overpass that falls, causing bodily injury to another person. | Ind. Code § 35-42-2-5(b) |
| Overpass mischief causing serious bodily injury | Level 4 Felony | The same overpass mischief conduct results in serious bodily injury to another person. | Ind. Code § 35-42-2-5(b) |
Common questions about overpass mischief in Indiana
Is overpass mischief a felony or a misdemeanor in Indiana?
It depends on the circumstances: overpass mischief ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-42-2-5.
Overpass mischief causing bodily injury: Level 5 Felony (Ind. Code § 35-42-2-5(b)) · Overpass mischief causing serious bodily injury: Level 4 Felony (Ind. Code § 35-42-2-5(b))
What are the penalties for overpass mischief in Indiana?
Penalties for overpass mischief in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers overpass mischief?
Overpass mischief is governed by Ind. Code § 35-42-2-5 (Overpass 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.