Indiana § 12-23-5-7 - Exceptions to eligibility for deferral
Full text of Indiana Indiana Code § 12-23-5-7 — Exceptions to eligibility for deferral, with citation guidance and answers to common questions.
§ 12-23-5-7. Exceptions to eligibility for deferral
Sec. 7. Prosecution may be deferred under sections 2 through 5 of this chapter if a defendant has been charged with a misdemeanor or infraction in which the use of alcohol or drugs was a contributing factor or material element of the offense or the defendant's mental illness was a contributing factor, unless at least one (1) of the following exists:
(1) The offense involves death or serious bodily injury.
(2) The defendant has a record of at least two (2) prior convictions of forcible felonies (as defined in IC 35-31.5-2-138).
(3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.
(4) The defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation.
(5) The defendant fails to meet additional eligibility requirements imposed by the court.
[Pre-1992 Revision Citation: 16-13-6.1-15.1(e).]
As added by P.L.2-1992, SEC.17. Amended by P.L.114-2012, SEC.32.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 12-23-5-7
What does Indiana Code § 12-23-5-7 cover?
Section 12-23-5-7 ("Exceptions to eligibility for deferral") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 12-23-5-7?
A common citation format is "Indiana Code § 12-23-5-7" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 12-23-5-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.