Indiana statute

Ind. Code § 35-42-2-2 — Criminal recklessness

Current through 2026 Regular Session

Part of Chapter 2: Battery and Related Offenses, Indiana Code.

Criminal charges under this statute

Criminal recklessness

Full text of Ind. Code § 35-42-2-2

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-42-2-2Primary source, current through the 2026 Regular Session

Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class A misdemeanor. (b) The offense of criminal recklessness as defined in subsection (a) is: (1) a Level 6 felony if: (A) it is committed while armed with a deadly weapon; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in serious bodily injury to another person; or (2) a Level 5 felony if: (A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in the death or catastrophic injury of another person. (c) A person who: (1) is a passenger in a vehicle whose operator has committed an offense under subsection (a) or (b); and (2) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present; commits criminal recklessness, a Level 6 felony. It is not a defense to a prosecution under this section that the operator of the motor vehicle has not been charged with or convicted of an offense under this section.

Official sources

Legal terms used in this section

Questions this section answers

Is criminal recklessness a felony or a misdemeanor in Indiana?

It depends on the circumstances: criminal recklessness ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-42-2-2.

Base criminal recklessness: Class A Misdemeanor (Ind. Code § 35-42-2-2(a)) · Criminal recklessness while armed with a deadly weapon: Level 6 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness via aggressive driving causing serious bodily injury: Level 6 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness by shooting into occupied vehicle or building: Level 5 Felony (Ind. Code § 35-42-2-2(b)) · Criminal recklessness via aggressive driving causing death or catastrophic injury: Level 5 Felony (Ind. Code § 35-42-2-2(b)) · Passenger pointing firearm during driver's criminal recklessness: Level 6 Felony (Ind. Code § 35-42-2-2(c))

Which Indiana statute covers criminal recklessness?

Criminal recklessness is governed by Ind. Code § 35-42-2-2 (Criminal recklessness).

This reference is informational and is not legal advice.