Involuntary manslaughter
Sec. 4. (a) As used in this section, "child care provider" means a
person who provides child care in or on behalf of:
(1) a child care center (as defined in IC 12-7-2-28.4); or
(2) a child care home (as defined in IC 12-7-2-28.6);
regardless of whether the child care center or child care home is
licensed.
(b) As used in this section, "fetus" means a fetus that has attained
viability (as defined in IC 16-18-2-365).
(c) A person who kills another human being while committing or
attempting to commit:
(1) a Class C or Class D 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 Class C felony. However, if the
killing results from the operation of a vehicle, the offense is a Class
D felony.
(d) A person who kills a fetus while committing or attempting to
commit:
(1) a Class C or Class D 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 Class C felony. However, if the
killing results from the operation of a vehicle, the offense is a Class
D felony.
(e) If:
(1) a child care provider recklessly supervises a child; and
(2) the child dies as a result of the child care provider's reckless
supervision;
the child care provider commits involuntary manslaughter, a Class D
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.
Last modified: May 24, 2006