Ind. Code ch. 35-45-10

Ind. Code ch. 35-45-10
in effect

Ind. Code § 35-45-10-1 "Stalk" defined

Sec. 1. As used in this chapter, "stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity. As added by P.L.242-1993, SEC.4.

Ind. Code § 35-45-10-2 "Harassment" defined

Sec. 2. As used in this chapter, "harassment" means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes. As added by P.L.242-1993, SEC.4.

Ind. Code § 35-45-10-3 "Impermissible contact" defined

Sec. 3. (a) As used in this chapter, "impermissible contact" includes the following: (1) Following or pursuing the victim. (2) Communicating with the victim. (3) Posting on social media, if the post: (A) is directed to the victim; or (B) refers to the victim, directly or indirectly. (b) The list in subsection (a) is nonexclusive. As added by P.L.242-1993, SEC.4. Amended by P.L.266-2019, SEC.14; P.L.5-2022, SEC.7.

Ind. Code § 35-45-10-4 "Victim" defined

Sec. 4. As used in this chapter, "victim" means a person who is the object of stalking. As added by P.L.242-1993, SEC.4.

Ind. Code § 35-45-10-5 Criminal stalking

Sec. 5. (a) A person who stalks another person commits stalking, a Level 6 felony. (b) The offense is a Level 5 felony if at least one (1) of the following applies: (1) A person: (A) stalks a victim; and (B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of: (i) sexual battery (as defined in IC 35-42-4-8); (ii) serious bodily injury; or (iii) death. (2) A protective order to prevent domestic or family violence, a no contact order, or other judicial order under any of the following statutes has been issued by the court to protect the same victim or victims from the person and the person has been given actual notice of the order: (A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of marriage and legal separation). (B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal (delinquent children and children in need of services). (C) IC 31-32 or IC 31-6-7 before its repeal (procedure in juvenile court). (D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to prevent abuse). (E) IC 34-26-6 (workplace violence restraining orders). (3) The person's stalking of another person violates an order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion if the person has been given actual notice of the order. (4) The person's stalking of another person violates a no contact order issued as a condition of probation if the person has been given actual notice of the order. (5) The person's stalking of another person violates a protective order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity action if the person has been given actual notice of the order. (6) The person's stalking of another person violates an order issued in another state that is substantially similar to an order described in subdivisions (2) through (5) if the person has been given actual notice of the order. (7) The person's stalking of another person violates an order that is substantially similar to an order described in subdivisions (2) through (5) and is issued by an Indian: (A) tribe; (B) band; (C) pueblo; (D) nation; or (E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians if the person has been given actual notice of the order. (8) A criminal complaint of stalking that concerns an act by the person against the same victim or victims is pending in a court and the person has been given actual notice of the complaint. (9) The offense was committed or facilitated by the use of a tracking device. (c) The offense is a Level 4 felony if: (1) the act or acts were committed while the person was armed with a deadly weapon; or (2) the person has an unrelated conviction for an offense under this section against the same victim or victims. As added by P.L.242-1993, SEC.4. Amended by P.L.225-1996, SEC.1; P.L.1-1997, SEC.150; P.L.1-1998, SEC.198; P.L.280-2001, SEC.52; P.L.133-2002, SEC.66; P.L.158-2013, SEC.541; P.L.172-2023, SEC.5.

Ind. Code § 35-45-10-6 Remote aerial harassment

Sec. 6. (a) A person who: (1) operates an unmanned aerial vehicle in a manner that is intended to subject another person to harassment; (2) operates an unmanned aerial vehicle over the property of another person: (A) without the consent of the other person; and (B) with the intent to: (i) harass, disturb, or injure an individual or animal; or (ii) damage or disturb a crop; on the other person's property; (3) knowingly or intentionally disperses any substance from an unmanned aerial vehicle onto the property of another person without the consent of the other person; or (4) recklessly, knowingly, or intentionally operates an unmanned aerial vehicle: (A) over the property of another person; and (B) without the consent of the other person; in a manner that interferes with or endangers another aircraft or unmanned aerial vehicle; commits remote aerial harassment, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section. (b) It is a defense to a prosecution under this section that the prohibited act was: (1) the result of a mechanical or electronic failure; or (2) necessary to avoid a greater harm. (c) It is a defense to a prosecution under subsection (a)(3) that: (1) the substance came onto the property of a person owning or occupying adjacent property as the result of unintentional overspray; and (2) the person took reasonable good faith precautions to minimize the amount of overspray. As added by P.L.107-2017, SEC.9. Amended by P.L.158-2026, SEC.44.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026

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