Ind. Code ch. 35-40-5

Ind. Code ch. 35-40-5
in effect

Ind. Code § 35-40-5-1 Right to fairness, dignity, and respect; right to freedom from harassment and intimidation

Sec. 1. A victim has the right to be: (1) treated with fairness, dignity, and respect; and (2) free from intimidation, harassment, and abuse; throughout the criminal justice process. As added by P.L.139-1999, SEC.1. Amended by P.L.169-2009, SEC.2.

Ind. Code § 35-40-5-2 Release or escape from custody of perpetrator

Sec. 2. (a) A victim has the right to be informed, upon request, when a person who is: (1) accused of committing; or (2) convicted of committing; a crime perpetrated directly against the victim is released from custody or has escaped. (b) Whenever a person accused or convicted of committing a crime is released or escapes from the custody of a mental health treatment agency or a hospital that is not operated by a county sheriff or the department of correction, the court committing the accused or convicted person to the mental health treatment agency or hospital shall carry out this section to inform the victim of the release or escape. The mental health treatment agency or hospital shall provide the court with sufficient information about the release or escape to allow the court to carry out this section. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-3 Right to confer with prosecuting attorney's office

Sec. 3. (a) This section applies if either of the following has occurred: (1) The alleged felony or delinquent act that would have been a felony if committed by an adult was directly perpetrated against the victim. (2) The alleged felony, misdemeanor, or delinquent act that would have been a felony or misdemeanor if committed by an adult was: (A) a violation of IC 35-42-2 (offenses against the person), IC 35-45-2-1 (intimidation), IC 35-45-2-2 (harassment), IC 35-46-1-15.1 (invasion of privacy), IC 35-46-1-15.3, or IC 35-47-4-3 (pointing a firearm); and (B) directly perpetrated against the victim by a person who: (i) is or was a spouse of the victim; (ii) is or was living as if a spouse of the victim; or (iii) has a child in common with the victim. (3) The alleged misdemeanor or delinquent act that would have been a misdemeanor if committed by an adult, other than a misdemeanor described in subdivision (2), was directly perpetrated against the victim, and the victim has complied with the notice requirements under IC 35-40-10. (b) A victim has the right to confer with a representative of the prosecuting attorney's office: (1) after a crime allegedly committed against the victim has been charged; (2) before the trial of a crime allegedly committed against the victim; and (3) before any disposition of a criminal case involving the victim. This right does not include the authority to direct the prosecution of a criminal case involving the victim. (c) A child victim (as defined in section 11.5 of this chapter) has the right to confer with a representative of the prosecuting attorney's office before being deposed. The representative of the prosecuting attorney's office may not instruct the child victim to refuse to participate in the deposition. As added by P.L.139-1999, SEC.1. Amended by P.L.65-2016, SEC.30; P.L.62-2020, SEC.6.

Ind. Code § 35-40-5-4 Consideration of victim's safety

Sec. 4. A victim has the right to have the victim's safety considered in determining release from custody of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-4.5 Victim's right to be informed about progress of criminal case

Sec. 4.5. A victim has the right to be informed, upon request, about the progress of the criminal case involving the victim. As added by P.L.57-2026, SEC.4.

Ind. Code § 35-40-5-5 Right to be heard at sentencing or release; presence of defendant

Sec. 5. (a) A victim has the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program. (b) The defendant shall be present in the courtroom while a victim makes a statement concerning the crime and the sentence under this section, unless the defendant presents a safety risk or causes a significant disruption. (c) If a defendant fails to appear at the sentencing hearing, and is later taken into custody, the sentencing court shall, upon motion by the prosecuting attorney, hold a hearing at which a victim has the right to make a statement in the presence of the defendant concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. (d) Subsection (b) does not prohibit a court from sentencing a defendant who is absent from the courtroom. As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.7; P.L.66-2026, SEC.4.

Ind. Code § 35-40-5-6 Presentence reports

Sec. 6. (a) A victim has the right to make a written or oral statement for use in preparation of the presentence report. (b) Notwithstanding IC 35-38-1-13, the victim has the right to read presentence reports relating to the crime committed against the victim, except those parts of the reports containing the following: (1) The source of confidential information. (2) Information about another victim. (3) Other information determined confidential or privileged by the judge in a proceeding. The information given to the victim must afford the victim a fair opportunity to respond to the material included in the presentence report. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-7 Order of restitution

Sec. 7. A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-8 Right to information about criminal case or perpetrator

Sec. 8. A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-8.5 Victim's right to an electronic transcript

Sec. 8.5. (a) This section applies if: (1) a defendant has filed an appeal of the defendant's conviction; or (2) the state has filed an appeal in connection with criminal proceedings against a defendant. (b) A: (1) victim or alleged victim; or (2) spouse or member of the immediate family (as defined in IC 27-14-1-17 (before its repeal) or IC 27-14.5-1-16) of the victim or alleged victim, if: (A) the victim or alleged victim is deceased; and (B) the spouse or the immediate family member is not a defendant in the criminal case; in a case described in subsection (a) is entitled, at no charge, to an electronic copy of the transcript prepared for appeal in the case described in subsection (a). (c) The trial court clerk shall provide the victim or alleged victim (or spouse or immediate family member) with an electronic copy of the transcript as soon as practicable after the court reporter has filed the transcript with the clerk. (d) The victim or alleged victim (or spouse or immediate family member) is not entitled to any confidential information that the court has excluded from public access under the Indiana rules of appellate procedure, the court administrative rules adopted by the supreme court, or any other statute or court rule. As added by P.L.78-2018, SEC.1. Amended by P.L.226-2023, SEC.32.

Ind. Code § 35-40-5-9 Right to be informed of victim's rights

Sec. 9. A victim has the right to be informed of the victim's constitutional and statutory rights. As added by P.L.139-1999, SEC.1.

Ind. Code § 35-40-5-11.5 Deposition of child victims of sex crimes

Sec. 11.5. (a) This section applies only to a criminal case involving a child less than seventeen (17) years of age who is the victim or alleged victim of a sex offense. (b) The following definitions apply throughout this section: (1) "Accused" or "the accused" means a person charged with committing a sex offense against a child victim. The term does not include an attorney who represents the accused. (2) "Child victim" means a child less than seventeen (17) years of age who is the victim or alleged victim of a sex offense. (3) "Defendant" means a person charged with committing a sex offense against a child victim and an attorney who represents the defendant. (4) "Deposition" or "depose" means a deposition or taking a deposition pursuant to Indiana Trial Rule 30 or Indiana Trial Rule 31, or any other formal or informal statement or interview. (5) "Sex offense" has the meaning set forth in IC 11-8-8-5.2. (c) A defendant may depose a child victim only in accordance with this section. (d) A defendant may not take the deposition of a child victim unless the defendant contacts the prosecuting attorney before contacting the child, and one (1) or more of the following apply: (1) The prosecuting attorney agrees to the deposition. The prosecuting attorney may condition the prosecuting attorney's agreement to the deposition upon the defendant's acceptance of the manner in which the deposition shall be conducted. (2) The court authorizes the deposition after finding, following a hearing under subsection (f), that there is a reasonable likelihood that the child victim will be unavailable for trial and the deposition is necessary to preserve the child victim's testimony. (3) The court authorizes the deposition after finding, following a hearing under subsection (g), that the deposition is necessary: (A) due to the existence of extraordinary circumstances; and (B) in the interest of justice. (e) If the prosecuting attorney does not agree to the deposition, the defendant may petition the court for authorization to depose the child victim under subsection (d)(2), (d)(3), or both subsection (d)(2) and (d)(3). Upon receipt of the petition, the court shall notify the prosecuting attorney and set a hearing to determine whether to authorize a deposition of the child victim, and, if applicable, to determine the manner in which the deposition shall be conducted. (f) The court shall authorize the deposition of a child victim under subsection (d)(2) if the defendant proves by a preponderance of the evidence that there is a reasonable likelihood that the child victim will be unavailable for trial and the deposition is necessary to preserve the child victim's testimony. (g) The court may not authorize the deposition of a child victim under subsection (d)(3) unless the defendant establishes by a preponderance of the evidence that the deposition is necessary: (1) due to the existence of extraordinary circumstances; and (2) in the interest of justice. (h) If the court authorizes the deposition of a child victim under subsection (f) or (g), the court shall determine the manner in which the deposition shall be conducted, after considering: (1) the age of the child; (2) the rights of the victim under IC 35-40-5-1; and (3) any other relevant factors or special considerations. (i) If the court denies a petition to depose a child victim, the court shall issue a written order describing the reason for the denial. (j) If the court grants a request to depose a child victim, the court shall issue a written order describing the reason for granting the petition and setting forth the manner in which the deposition shall be conducted. The order shall: (1) expressly prohibit the accused from deposing or being present at the deposition of the child victim unless: (A) there is a reasonable likelihood that the child victim will be unavailable for trial; (B) the deposition is necessary to preserve the child victim's testimony; and (C) the presence of the accused is necessary to preserve the constitutional rights of the accused under the Sixth Amendment of the Constitution of the United States or Article 1, Section 13 of the Constitution of the State of Indiana; (2) describe the manner in which the deposition shall be conducted; and (3) if applicable, issue a protective order under Indiana Trial Rule 26(C). As added by P.L.62-2020, SEC.8. Amended by P.L.42-2023, SEC.3; P.L.129-2026, SEC.6.

Ind. Code § 35-40-5-12 Designation of certain victims in public documents

Sec. 12. (a) The following shall be identified by means of a designation omitting the victim's name, such as "Victim 1", in court documents open to the public: (1) A victim of a sex crime under IC 35-42-4. (2) A child victim of a crime of violence (as defined in IC 35-31.5-2-79). (b) The state shall provide to the court a confidential document identifying the victims named in the court documents. As added by P.L.40-2019, SEC.5. Amended by P.L.85-2026, SEC.24.

Ind. Code § 35-40-5-13 Use of comfort item by child witness

Sec. 13. When a child less than sixteen (16) years of age is summoned as a witness to any hearing in any criminal matter, including a preliminary hearing, a comfort item or comfort animal shall be allowed to remain in the courtroom with the child during the child's testimony unless the court finds that the defendant's constitutional right to a fair trial will be unduly prejudiced. As added by P.L.40-2019, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026