Ind. Code ch. 35-42-1

Ind. Code ch. 35-42-1
in effect

Ind. Code § 35-42-1-0.5 Abortions exempt

Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an abortion performed in compliance with: (1) IC 16-34; or (2) IC 35-1-58.5 (before its repeal). As added by P.L.261-1997, SEC.2.

Ind. Code § 35-42-1-1 Murder

Sec. 1. A person who: (1) knowingly or intentionally kills another human being; (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sexual trafficking, promotion of sexual trafficking of a younger child, child sexual trafficking, or carjacking (before its repeal); (3) kills another human being while committing or attempting to commit: (A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1); (B) dealing in methamphetamine (IC 35-48-4-1.1); (C) manufacturing methamphetamine (IC 35-48-4-1.2); (D) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2); (E) dealing in a schedule IV controlled substance (IC 35-48-4-3); or (F) dealing in a schedule V controlled substance; or (4) except as provided in section 6.5 of this chapter, knowingly or intentionally kills a fetus in any stage of development; commits murder, a felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.25; P.L.326-1987, SEC.2; P.L.296-1989, SEC.1; P.L.230-1993, SEC.2; P.L.261-1997, SEC.3; P.L.17-2001, SEC.15; P.L.151-2006, SEC.16; P.L.173-2006, SEC.51; P.L.1-2007, SEC.230; P.L.158-2013, SEC.410; P.L.214-2013, SEC.35; P.L.168-2014, SEC.65; P.L.252-2017, SEC.10; P.L.144-2018, SEC.18; P.L.203-2018, SEC.1; P.L.215-2018(ss), SEC.16.

Ind. Code § 35-42-1-1.5 Dealing in a controlled substance resulting in death

Sec. 1.5. (a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of: (1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug); (2) IC 35-48-4-1.1 (dealing in methamphetamine); (3) IC 35-48-4-1.2 (manufacturing methamphetamine); or (4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance); that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 1 felony. (b) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-3, that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 2 felony. (c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4, an offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6), that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony. (d) It is not a defense to an offense described in this section that the human being died: (1) after voluntarily using, injecting, inhaling, absorbing, or ingesting a controlled substance or controlled substance analog; or (2) as a result of using the controlled substance or controlled substance analog in combination with alcohol or another controlled substance or with any other compound, mixture, diluent, or substance. As added by P.L.198-2018, SEC.7. Amended by P.L.80-2019, SEC.16; P.L.186-2025, SEC.232.

Ind. Code § 35-42-1-2 Causing suicide

Sec. 2. A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.26; P.L.158-2013, SEC.411.

Ind. Code § 35-42-1-2.5 Assisting suicide

Sec. 2.5. (a) This section does not apply to the following: (1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death. (2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), IC 16-36-7 (advance directive), or IC 30-5 (health care power of attorney). (b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Level 5 felony: (1) Provides the physical means by which the other person attempts or commits suicide. (2) Participates in a physical act by which the other person attempts or commits suicide. As added by P.L.246-1993, SEC.1. Amended by P.L.1-1994, SEC.167; P.L.158-2013, SEC.412; P.L.50-2021, SEC.81.

Ind. Code § 35-42-1-3 Voluntary manslaughter

Sec. 3. (a) A person who knowingly or intentionally: (1) kills another human being; or (2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development; while acting under sudden heat commits voluntary manslaughter, a Level 2 felony. (b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.27; P.L.321-1987, SEC.1; P.L.261-1997, SEC.4; P.L.158-2013, SEC.413; P.L.203-2018, SEC.2.

Ind. Code § 35-42-1-4 Involuntary manslaughter

Sec. 4. (a) As used in this section, "fetus" means a fetus in any stage of development. (b) A person who kills another human being while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or (3) battery; commits involuntary manslaughter, a Level 5 felony. (c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; (3) a battery offense included in IC 35-42-2; or (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated); commits involuntary manslaughter, a Level 5 felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.28; P.L.261-1997, SEC.5; P.L.133-2002, SEC.65; P.L.7-2010, SEC.1; P.L.158-2013, SEC.414; P.L.65-2016, SEC.31; P.L.203-2018, SEC.3.

Ind. Code § 35-42-1-5 Reckless homicide

Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Level 5 felony. As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6; P.L.158-2013, SEC.415.

Ind. Code § 35-42-1-6 Feticide; exemptions

Sec. 6. (a) This section does not apply to: (1) the pregnant mother whose pregnancy is terminated; (2) a person who in good faith provides medical treatment to a pregnant woman that results in the accidental or unintentional termination of the pregnancy; or (3) a physician licensed under IC 25-22.5 who, upon the request of a pregnant woman, performs a medical procedure to terminate her pregnancy, even if the procedure is not authorized under IC 16-34-2-1. (b) A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony. As added by Acts 1979, P.L.153, SEC.3. Amended by P.L.2-1995, SEC.126; P.L.40-2009, SEC.1; P.L.158-2013, SEC.416; P.L.203-2018, SEC.4; P.L.179-2022(ss), SEC.49.

Ind. Code § 35-42-1-6.5 Application of certain sections of the chapter

Sec. 6.5. (a) The following sections of this chapter do not apply to an abortion performed in compliance with IC 16-34-2: (1) Section 1 (murder). (2) Section 3 (voluntary manslaughter). (3) Section 4 (involuntary manslaughter). (4) Section 6 (feticide). (b) The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying: (1) Section 1 (murder). (2) Section 3 (voluntary manslaughter). (3) Section 4 (involuntary manslaughter). (4) Section 6 (feticide). As added by P.L.203-2018, SEC.5. Amended by P.L.179-2022(ss), SEC.50.

Ind. Code § 35-42-1-7 Repealed

As added by P.L.123-1988, SEC.30. Amended by P.L.184-1989, SEC.27; P.L.2-1993, SEC.184; P.L.59-2012, SEC.3. Repealed by P.L.158-2013, SEC.417; P.L.213-2013, SEC.19.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026