Criminal stalking
Sec. 5. (a) A person who stalks another person commits stalking,
a Class D felony.
(b) The offense is a Class C 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.
(c) The offense is a Class B 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.
(d) Notwithstanding subsection (a), the court may enter judgment
of conviction of a Class A misdemeanor and sentence accordingly if
the court finds mitigating circumstances. The court may consider the
mitigating circumstances in IC 35-38-1-7.1(c) in making a
determination under this subsection. However, the criteria listed in
IC 35-38-1-7.1(c) do not limit the matters the court may consider in
making its determination.
(e) Notwithstanding subsection (b), the court may enter judgment
of conviction of a Class D felony and sentence accordingly if the
court finds mitigating circumstances. The court may consider the
mitigating circumstances in IC 35-38-1-7.1(c) in making a
determination under this subsection. However, the criteria listed in
IC 35-38-1-7.1(c) do not limit the matters the court may consider in
making its determination.
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.
Last modified: May 24, 2006