Indiana statute

Ind. Code § 35-45-2-1 — Intimidation

Current through 2026 Regular Session

Part of Chapter 2: Intimidation and Other Offenses Relating to Communications, Indiana Code.

Criminal charges under this statute

Intimidation

Full text of Ind. Code § 35-45-2-1

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 § 35-45-2-1Primary source, current through the 2026 Regular Session

Sec. 1. (a) A person who communicates a threat with the intent: (1) that another person engage in conduct against the other person's will; (2) that another person be placed in fear of retaliation for a prior lawful act; (3) of: (A) causing: (i) a dwelling, a building, or other structure; or (ii) a vehicle; to be evacuated; or (B) interfering with the occupancy of: (i) a dwelling, building, or other structure; or (ii) a vehicle; or (4) that another person be placed in fear that the threat will be carried out, if the threat is a threat described in: (A) subsection (c)(1)(A) through (c)(1)(E); or (B) subsection (c)(1)(G) through (c)(1)(H); commits intimidation, a Class A misdemeanor. (b) However, the offense is a: (1) Level 6 felony if: (A) the threat is to commit a forcible felony; (B) the subject of the threat or the person to whom the threat is communicated is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat; (C) the threat is communicated because of the occupation, profession, employment status, or ownership status of a person or the threat relates to or is made in connection with the occupation, profession, employment status, or ownership status of a person; (D) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or (E) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and (2) Level 5 felony if: (A) while committing it, the person draws or uses a deadly weapon; (B) the subject of the threat or the person to whom the threat is communicated: (i) is a judicial officer or bailiff of any court; (ii) is a prosecuting attorney or a deputy prosecuting attorney; or (iii) is a member of the general assembly; and the threat relates to the person's status as a judicial officer, bailiff, prosecuting attorney, deputy prosecuting attorney, or member of the general assembly, or is made in connection with the official duties of the judicial officer, bailiff, prosecuting attorney, deputy prosecuting attorney, or member of the general assembly; or (C) the threat is: (i) to commit terrorism; or (ii) made in furtherance of an act of terrorism. (c) "Threat" means: (1) an expression, by words or action, of an intention to: (A) unlawfully injure the person threatened or another person, or damage property; (B) unlawfully subject a person to physical confinement or restraint; (C) commit a crime; (D) unlawfully withhold official action, or cause such withholding; (E) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses; (F) expose the person threatened to hatred, contempt, disgrace, or ridicule; (G) falsely harm the credit or business reputation of a person; or (H) cause the evacuation of a dwelling, a building, another structure, or a vehicle. For purposes of this subdivision, the term includes an expression that would cause a reasonable person to consider the evacuation of a dwelling, a building, another structure, or a vehicle, even if the dwelling, building, structure, or vehicle is not evacuated; or (2) posting personal information of a person with the intent that the posting of the personal information will result in: (A) bodily injury to the person; (B) damage to the person's property; or (C) the commission of a crime against the person.

Official sources

Legal terms used in this section

Questions this section answers

Is intimidation a felony or a misdemeanor in Indiana?

It depends on the circumstances: intimidation ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-45-2-1.

Base intimidation: Class A Misdemeanor (Ind. Code § 35-45-2-1(a)) · Intimidation - forcible felony threat: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - threat against witness: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - occupation/employment/ownership related threat: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - prior related conviction: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - using school/government property: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - deadly weapon used: Level 5 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - threat against judicial/prosecutorial/legislative officer: Level 5 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - terrorism-related threat: Level 5 Felony (Ind. Code § 35-45-2-1(b))

Which Indiana statute covers intimidation?

Intimidation is governed by Ind. Code § 35-45-2-1 (Intimidation).

This reference is informational and is not legal advice.