Indiana statute
Ind. Code § 35-46-1-5 — Nonsupport of a dependent child
Current through 2026 Regular Session
Part of Chapter 1: Offenses Against the Family, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-46-1-5
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.
Sec. 5. (a) A person who knowingly or intentionally fails to provide support to the person's dependent child commits nonsupport of a child, a Level 6 felony. However, the offense is a Level 5 felony if the person has a previous conviction under this section. (b) It is a defense that the child had abandoned the home of the child's family without the consent of the child's parent or on the order of a court, but it is not a defense that the child had abandoned the home of the child's family if the cause of the child's leaving was the fault of the child's parent. (c) It is a defense that the accused person, in the legitimate practice of the person's religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the person's dependent child. (d) It is a defense that the accused person was unable to provide support.
Official sources
Legal terms used in this section
Questions this section answers
Is nonsupport of a dependent child a felony or a misdemeanor in Indiana?
It depends on the circumstances: nonsupport of a dependent child ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-46-1-5.
Nonsupport of a dependent child (base offense): Level 6 Felony (Ind. Code § 35-46-1-5(a)) · Nonsupport of a dependent child (with prior conviction): Level 5 Felony (Ind. Code § 35-46-1-5(a))
Which Indiana statute covers nonsupport of a dependent child?
Nonsupport of a dependent child is governed by Ind. Code § 35-46-1-5 (Nonsupport of a dependent child).
This reference is informational and is not legal advice.