Indiana Code - Criminal Law and Procedure - Title 35, Section 35-42-2-1.3

Domestic battery

Sec. 1.3. (a) A person who knowingly or intentionally touches an
individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as
provided in subsection (b); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to
the person described in subdivision (1), (2), or (3) commits domestic
battery, a Class A misdemeanor. However, the offense is a Class D
felony if the person has a previous, unrelated conviction under this
section (or IC 35-42-2-1(a)(2)(E) before its repeal).
(b) In considering whether a person is or was living as a spouse of
another individual in subsection (a)(2), the court shall review the
following:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children
together;
(5) whether the two (2) individuals have engaged in tasks
directed toward maintaining a common household; and
(6) other factors the court considers relevant.

As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3;
P.L.221-2003, SEC.18.

Last modified: May 24, 2006