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Indiana statute

Ind. Code § 35-45-16-2 — Malicious mischief

Current through 2026 Regular Session

Part of Chapter 16: Malicious Mischief, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-45-16-2

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 § 35-45-16-2Primary source, current through the 2026 Regular Session
Sec. 2. (a) As used in this section, "body fluid" means: (1) blood; (2) saliva; (3) sputum; (4) semen; (5) vaginal secretions; (6) human milk; (7) urine; (8) sweat; (9) tears; (10) any other liquid produced by the body; or (11) any aerosol generated form of liquids listed in this subsection. (b) As used in this section, "infectious hepatitis" means: (1) hepatitis A; (2) hepatitis B; (3) hepatitis C; (4) hepatitis D; (5) hepatitis E; or (6) hepatitis G. (c) A person who recklessly, knowingly, or intentionally places human: (1) body fluid; or (2) fecal waste; in a location with the intent that another person will involuntarily touch the body fluid or fecal waste commits malicious mischief, a Class B misdemeanor. (d) An offense described in subsection (c) is a: (1) Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with: (A) infectious hepatitis; (B) HIV; or (C) tuberculosis; (2) Level 5 felony if: (A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with infectious hepatitis and the offense results in the transmission of infectious hepatitis to the other person; or (B) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and (3) Level 4 felony if: (A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with HIV; and (B) the offense results in the transmission of HIV to the other person. (e) A person who recklessly, knowingly, or intentionally places human: (1) body fluid; or (2) fecal waste; in a location with the intent that another person will ingest the body fluid or fecal waste commits malicious mischief with food, a Class A misdemeanor. (f) An offense described in subsection (e) is: (1) a Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with: (A) infectious hepatitis; (B) HIV; or (C) tuberculosis; (2) a Level 5 felony if: (A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with infectious hepatitis and the offense results in the transmission of infectious hepatitis to the other person; or (B) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and (3) a Level 4 felony if: (A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with HIV; and (B) the offense results in the transmission of HIV to the other person.

Official sources

Legal terms used in this section

Questions this section answers

Is malicious mischief a felony or a misdemeanor in Indiana?

It depends on the circumstances: malicious mischief ranges from a Class B Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-45-16-2.

Malicious mischief — base offense: Class B Misdemeanor (Ind. Code § 35-45-16-2(c)) · Malicious mischief — known/reckless disease exposure (hepatitis/HIV/tuberculosis): Level 6 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief — transmission of infectious hepatitis or tuberculosis: Level 5 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief — transmission of HIV: Level 4 Felony (Ind. Code § 35-45-16-2(d)) · Malicious mischief with food — base offense: Class A Misdemeanor (Ind. Code § 35-45-16-2(e)) · Malicious mischief with food — known/reckless disease exposure (hepatitis/HIV/tuberculosis): Level 6 Felony (Ind. Code § 35-45-16-2(f)) · Malicious mischief with food — transmission of infectious hepatitis or tuberculosis: Level 5 Felony (Ind. Code § 35-45-16-2(f)) · Malicious mischief with food — transmission of HIV: Level 4 Felony (Ind. Code § 35-45-16-2(f))

Which Indiana statute covers malicious mischief?

Malicious mischief is governed by Ind. Code § 35-45-16-2 (Malicious mischief).

This reference is informational and is not legal advice.