Indiana criminal charge
Terroristic mischief in Indiana
Terroristic mischief is a criminal offense under Indiana law, defined by Ind. Code § 35-46.5-2-3. 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 § 35-46.5-2-3.
What is the penalty for terroristic mischief in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Terroristic mischief (base) — Base offense of knowingly or intentionally placing or disseminating a device or substance intended to make a reasonable person believe it is a weapon of mass destruction.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Terroristic mischief (base) — Base offense of knowingly or intentionally placing or disseminating a device or substance intended to make a reasonable person believe it is a weapon of mass destruction.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Terroristic mischief — treatment required — Elevated to Level 4 felony if a physician prescribes diagnostic testing or medical treatment for a person other than the offender as a result of the offense.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Terroristic mischief — treatment required — Elevated to Level 4 felony if a physician prescribes diagnostic testing or medical treatment for a person other than the offender as a result of the offense.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 2 years to 12 years (Terroristic mischief — serious bodily injury — Elevated to Level 4 felony if a person suffers serious bodily injury as a result of the terroristic mischief.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Terroristic mischief — serious bodily injury — Elevated to Level 4 felony if a person suffers serious bodily injury as a result of the terroristic mischief.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is terroristic mischief classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Terroristic mischief (base) | Level 5 Felony | Base offense of knowingly or intentionally placing or disseminating a device or substance intended to make a reasonable person believe it is a weapon of mass destruction. | Ind. Code § 35-46.5-2-3undefined |
| Terroristic mischief — treatment required | Level 4 Felony | Elevated to Level 4 felony if a physician prescribes diagnostic testing or medical treatment for a person other than the offender as a result of the offense. | Ind. Code § 35-46.5-2-3undefined |
| Terroristic mischief — serious bodily injury | Level 4 Felony | Elevated to Level 4 felony if a person suffers serious bodily injury as a result of the terroristic mischief. | Ind. Code § 35-46.5-2-3undefined |
Common questions about terroristic mischief in Indiana
Is terroristic mischief a felony or a misdemeanor in Indiana?
It depends on the circumstances: terroristic mischief ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-46.5-2-3.
Terroristic mischief (base): Level 5 Felony (Ind. Code § 35-46.5-2-3) · Terroristic mischief — treatment required: Level 4 Felony (Ind. Code § 35-46.5-2-3) · Terroristic mischief — serious bodily injury: Level 4 Felony (Ind. Code § 35-46.5-2-3)
What are the penalties for terroristic mischief in Indiana?
Penalties for terroristic 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 terroristic mischief?
Terroristic mischief is governed by Ind. Code § 35-46.5-2-3 (Terroristic 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.