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Indiana criminal charge

Tampering with a water supply; poisoning in Indiana

Current through 2026 Indiana legislative session

Tampering with a water supply; poisoning is a criminal offense under Indiana law, defined by Ind. Code § 35-43-1-5. 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 § 35-43-1-5.

What is the penalty for tampering with a water supply; poisoning in Indiana?

Penalties for Tampering with a water supply; poisoning
PenaltyRangeBasisAuthority
Jail / prison2 years to 12 years (Tampering with a water supply (base offense) — A person, with intent to cause serious bodily injury, tampers with a water supply, water treatment plant, or water distribution system.; fixed term; advisory sentence 6 years)presumptiveInd. Code § 35-50-2-5.5
Fineup to $10,000 (Tampering with a water supply (base offense) — A person, with intent to cause serious bodily injury, tampers with a water supply, water treatment plant, or water distribution system.)discretionaryInd. Code § 35-50-2-5.5
Jail / prison10 years to 30 years (Tampering with a water supply resulting in death — The tampering offense under subsection (a) results in the death of any person.; fixed term; advisory sentence 17 1/2 years)presumptiveInd. Code § 35-50-2-4.5
Fineup to $10,000 (Tampering with a water supply resulting in death — The tampering offense under subsection (a) results in the death of any person.)discretionaryInd. Code § 35-50-2-4.5
Jail / prison3 years to 16 years (Poisoning a public water supply — A person recklessly, knowingly, or intentionally poisons a public water supply with intent to cause serious bodily injury.; fixed term; advisory sentence 9 years)presumptiveInd. Code § 35-50-2-5
Fineup to $10,000 (Poisoning a public water supply — A person recklessly, knowingly, or intentionally poisons a public water supply with intent to cause serious bodily injury.)discretionaryInd. Code § 35-50-2-5

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is tampering with a water supply; poisoning classified in Indiana?

The classification depends on the circumstances:

Classification variants for Tampering with a water supply; poisoning
VariantClassificationWhen it appliesStatute
Tampering with a water supply (base offense)Level 4 FelonyA person, with intent to cause serious bodily injury, tampers with a water supply, water treatment plant, or water distribution system.Ind. Code § 35-43-1-5(a)
Tampering with a water supply resulting in deathLevel 2 FelonyThe tampering offense under subsection (a) results in the death of any person.Ind. Code § 35-43-1-5(a)
Poisoning a public water supplyLevel 3 FelonyA person recklessly, knowingly, or intentionally poisons a public water supply with intent to cause serious bodily injury.Ind. Code § 35-43-1-5(b)

Common questions about tampering with a water supply; poisoning in Indiana

Is tampering with a water supply; poisoning a felony or a misdemeanor in Indiana?

It depends on the circumstances: tampering with a water supply; poisoning ranges from a Level 4 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-43-1-5.

Tampering with a water supply (base offense): Level 4 Felony (Ind. Code § 35-43-1-5(a)) · Tampering with a water supply resulting in death: Level 2 Felony (Ind. Code § 35-43-1-5(a)) · Poisoning a public water supply: Level 3 Felony (Ind. Code § 35-43-1-5(b))

What are the penalties for tampering with a water supply; poisoning in Indiana?

Penalties for tampering with a water supply; poisoning in Indiana depend on how it is classified — from a Level 4 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.

Which Indiana statute covers tampering with a water supply; poisoning?

Tampering with a water supply; poisoning is governed by Ind. Code § 35-43-1-5 (Tampering with a water supply; poisoning).

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.