Citations Affected: IC 35-41; IC 35-42; IC 35-47.
Synopsis: Airport and aircraft offenses. Allows a person to use
reasonable force to stop another person from hijacking or otherwise
seizing unlawful control of an aircraft in flight. Makes it a Class D
felony for a person to enter a secured area of an airport. Makes it a
Class A felony for a person to use force or violence to hijack an aircraft
in flight. Makes it a Class B felony for a person to commit criminal
confinement on an aircraft.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
January 31, 2002, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person is
justified in using reasonable force against another person to protect
himself the person or a third person from what he the person
reasonably believes to be the imminent use of unlawful force.
However, a person is justified in using deadly force only if he the
person reasonably believes that that force is necessary to prevent
serious bodily injury to himself the person or a third person or the
commission of a forcible felony. No person in this state shall be placed
in legal jeopardy of any kind whatsoever for protecting himself the
person or his the person's family by reasonable means necessary.
(b) A person is justified in using reasonable force, including deadly
force, against another person if he the person reasonably believes that
the force is necessary to prevent or terminate the other person's
unlawful entry of or attack on his the person's dwelling or curtilage.
(c) With respect to property other than a dwelling or curtilage, a
person is justified in using reasonable force against another person if
he the person reasonably believes that the force is necessary to
immediately prevent or terminate the other person's trespass on or
criminal interference with property lawfully in his the person's
possession, lawfully in possession of a member of his the person's
immediate family, or belonging to a another person whose property he
the person has authority to protect. However, a person is not justified
in using deadly force unless that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including
deadly force, against another person if the person reasonably
believes that the force is necessary to prevent or stop the other
person from hijacking, attempting to hijack, or otherwise seizing
or attempting to seize unlawful control of an aircraft in flight. For
purposes of this subsection, an aircraft is considered to be in flight
while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff;
and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after
landing.
(e) Notwithstanding subsections (a), (b), and (c), of this section, a
person is not justified in using force if the person:
(1) he is committing, or is escaping after the commission of, a
crime;
(2) he provokes unlawful action by another person, with intent to
cause bodily injury to the other person; or
(3) he has entered into combat with another person or is the initial
aggressor, unless he the person withdraws from the encounter
and communicates to the other person his the person's intent to
do so and the other person nevertheless continues or threatens to
continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in
using force if the person:
(1) is committing, or is escaping after the commission of, a
crime;
(2) provokes unlawful action by another person, with intent to
cause bodily injury to the other person; or
(3) continues to combat another person after the other person
withdraws from the encounter and communicates the other
person's intent to stop hijacking, attempting to hijack, or
otherwise seizing or attempting to seize unlawful control of an
aircraft in flight.
SECTION 2. IC 35-42-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A person who
knowingly or intentionally:
(1) confines another person without the other person's consent; or
(2) removes another person, by fraud, enticement, force, or threat
of force, from one (1) place to another;
commits criminal confinement. Except as provided in subsection (b),
the offense of criminal confinement is a Class D felony. However;
(b) The offense of criminal confinement defined in subsection (a)
is:
(1) a Class C felony if the other person confined or removed is
less than fourteen (14) years of age and is not the confining or
removing person's child; and
(2) a Class B felony if it:
(A) is committed while armed with a deadly weapon; or
(B) results in serious bodily injury to another a person other
than the confining or removing person; or
(C) is committed on an aircraft.
SECTION 3. IC 35-47-6-1.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 1.4. (a) This section does not apply to a person who
is:
(1) employed by:
(A) an airport;
(B) an airline; or
(C) a law enforcement agency; and
(2) acting lawfully within the scope of the person's
employment.
(b) A person who knowingly or intentionally enters an area of
an airport to which access is controlled by the inspection of persons
or property without submitting to the inspection commits a Class
A misdemeanor.
SECTION 4. IC 35-47-6-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 1.6. (a) A person who knowingly or intentionally uses
force or violence or the threat of force or violence to disrupt the
operation of an aircraft commits a Class B felony.
(b) A person who knowingly or intentionally uses force or
violence or the threat of force or violence to hijack an aircraft in
flight commits a Class A felony.
(c) For purposes of this section, an aircraft is considered to be
in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff;
and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after
landing.