Criminal recklessness; element of hazing; liability barred for good
faith report or judicial participation
Sec. 2. (a) As used in this section, "hazing" means forcing or
requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally
performs:
(1) an act that creates a substantial risk of bodily injury to
another person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c),
criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection
(b) is:
(1) a Class A misdemeanor if the conduct includes the use of a
vehicle;
(2) a Class D felony if it is committed while armed with a
deadly weapon; or
(3) a Class C felony if it is committed by shooting a firearm
from a vehicle into an inhabited dwelling or other building or
place where people are likely to gather.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a
person;
commits criminal recklessness, a Class D felony. However, the
offense is a Class C felony if committed by means of a deadly
weapon.
(e) A person, other than a person who has committed an offense
under this section or a delinquent act that would be an offense under
this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting
from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might
otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed
to act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be
treated as acting in bad faith solely because the person did not have
probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section
if the offender was an adult.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1;
P.L.216-1996, SEC.17; P.L.1-2003, SEC.94.
Last modified: May 24, 2006