Second Regular Session 114th General Assembly (2006)
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SENATE ENROLLED ACT No. 5
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-45-1-3; (06)SE0005.1.1. -->
SECTION 1. IC 35-45-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A person
who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being
asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
(b) However, The offense described in subsection (a) is a Class D
felony if it:
(1) adversely affects airport security; and
(2) is committed in an airport (as defined in IC 8-21-1-1) or on the
premises of an airport, including in a parking area, a maintenance
bay, or an aircraft hangar.
(c) The offense described in subsection (a) is a Class D felony if
it:
(1) is committed within five hundred (500) feet of:
(A) the location where a burial is being performed;
(B) a funeral procession, if the person described in
subsection (a) knows that the funeral procession is taking
place; or
(C) a building in which:
(i) a funeral or memorial service; or
(ii) the viewing of a deceased person;
is being conducted; and
(2) adversely affects the funeral, burial, viewing, funeral
procession, or memorial service.
SOURCE: IC 35-45-2-1; (06)SE0005.1.2. -->
SECTION 2. IC 35-45-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person
who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other
person's will;
(2) that the other person be placed in fear of retaliation for a prior
lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any
pending criminal proceeding against the person making the
threat;
(iv) is an employee of a school corporation; or
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections
program.
(C) the person has a prior unrelated conviction for an offense
under this section concerning the same victim; or
(D) the threat is communicated using property, including
electronic equipment or systems, of a school corporation or
other governmental entity; and
(2) Class C felony if, while committing it, the person draws or
uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an
intention to:
(1) unlawfully injure the person threatened or another person, or
damage property;
(2) unlawfully subject a person to physical confinement or
restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to
another person's legal claim or defense, except for a reasonable
claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or
ridicule;
(7) falsely harm the credit or business reputation of the person
threatened; or
(8) cause the evacuation of a dwelling, a building, another
structure, or a vehicle.
SOURCE: ; (06)SE0005.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] IC 35-45-1-3 and
IC 35-45-2-1, both as amended by this act, apply only to crimes
committed after the effective date of this act.
SOURCE: ; (06)SE0005.1.4. -->
SECTION 4.
An emergency is declared for this act.
SEA 5 _ Concur
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