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Indiana legal term

Lawful detention in Indiana Criminal Law

Current through 2026 Indiana legislative session

In Indiana criminal law, “Lawful detention” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Indiana criminal code.

What does “Lawful detention” mean in Indiana criminal law?

"Lawful detention" means: (1) arrest; (2) custody following surrender in lieu of arrest; (3) detention in a penal facility; (4) detention in a facility for custody of persons alleged or found to be delinquent children; (5) detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance; (6) detention for extradition or deportation; (7) placement in a community corrections program's residential facility; (8) electronic monitoring; (9) custody for purposes incident to any of the above including trans (Ind. Code § 35-31.5-2-186)

Statutes defining or using this term

Charges using this term

Related terms in the same statutes

This reference is informational and is not legal advice.