Indiana § 35-46-10-5 - Recovery of damages

§ 35-46-10-5. Recovery of damages

Sec. 5. (a) A person aggrieved by a violation under:

(1) this chapter; or

(2) IC 35-43-1-2 (criminal vandalism) involving a critical infrastructure facility;

may recover damages sustained under IC 34-24-3-1.

(b) Any person that compensates, provides consideration to, or remunerates a person for committing an offense under:

(1) section 2 or 4 of this chapter; or

(2) IC 35-43-1-2 (criminal vandalism) involving a critical infrastructure facility;

may be held liable for civil damages imposed under this chapter.

As added by P.L.276-2019, SEC.7. Amended by P.L.132-2026, SEC.20.

IC 35-46.5ARTICLE 46.5. TERRORISM

Ch. 1.Definitions Ch. 2.Offenses

IC 35-46.5-1Chapter 1. Definitions

35-46.5-1-1Definitions

IC 35-46.5-1-1Definitions Sec. 1. The following definitions apply throughout this article:

(1) "Benefit, promote, or further the interests of a terrorist organization" means to commit a felony or misdemeanor that would cause a reasonable person to believe results in:

(A) a benefit to a terrorist organization or a member of a terrorist organization;

(B) the promotion of a terrorist organization; or

(C) furthering the interests of a terrorist organization.

(2) "Identifying information" has the meaning set forth in IC 35-43-5-1.

(3) "Purpose of increasing a person's own standing or position within a terrorist organization" means committing a felony or misdemeanor that would cause a reasonable person to believe results in increasing the person's standing or position within a terrorist organization.

(4) "Terrorism" has the meaning set forth in IC 35-31.5-2-329.

(5) "Terrorist organization" means a formal or informal group with at least three (3) members that specifically:

(A) either:

(i) promotes, sponsors, or assists in;

(ii) participates in; or

(iii) has as one (1) of its goals;

terrorism; or

(B) requires as a condition of membership or continued membership the commission of an act of terrorism, or the commission of a misdemeanor or felony, to assist in the commission of an act of terrorism.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2Chapter 2. Offenses

35-46.5-2-1Terrorism 35-46.5-2-2Agricultural terrorism 35-46.5-2-3Terroristic mischief 35-46.5-2-4Terroristic deception 35-46.5-2-5Providing support for a terrorist act 35-46.5-2-6Harboring a terrorist 35-46.5-2-7Terrorist organization activity

IC 35-46.5-2-1Terrorism Sec. 1. A person who knowingly or intentionally:

(1) possesses;

(2) manufactures;

(3) places;

(4) disseminates; or

(5) detonates;

a weapon of mass destruction with the intent to carry out terrorism commits a Level 3 felony. However, the offense is a Level 1 felony if the conduct results in serious bodily injury or death of any person.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-2Agricultural terrorism Sec. 2. A person who knowingly or intentionally:

(1) possesses;

(2) manufactures;

(3) places;

(4) disseminates; or

(5) detonates;

a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock of another person without the consent of the other person commits agricultural terrorism, a Level 5 felony.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-3Terroristic mischief Sec. 3. A person who knowingly or intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction (as defined in IC 35-31.5-2-354) commits terroristic mischief, a Level 5 felony. However, the offense is a Level 4 felony if, as a result of the terroristic mischief:

(1) a physician prescribes diagnostic testing or medical treatment for any person other than the person who committed the terroristic mischief; or

(2) a person suffers serious bodily injury.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-4Terroristic deception Sec. 4. A person who knowingly or intentionally obtains, possesses, transfers, or uses the identifying information of another person with intent to:

(1) commit terrorism; or

(2) obtain or transport a weapon of mass destruction;

commits terroristic deception, a Level 5 felony.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-5Providing support for a terrorist act Sec. 5. A person who provides material support to another person with the intent to assist the person in planning or carrying out terrorism commits providing support for a terrorist act, a Level 5 felony. However the offense is a Level 2 felony if:

(1) the material support involves the commission of a felony; or

(2) the act of terrorism is reasonably likely to cause serious bodily injury to any person.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-6Harboring a terrorist Sec. 6. A person who, with the intent to hinder the apprehension or punishment of another person who has committed an act of terrorism, harbors, conceals, or otherwise assists the other person commits harboring a terrorist, a Level 6 felony. However, the offense is a Level 3 felony if the act of terrorism resulted in serious bodily injury or death to any person.

As added by P.L.66-2019, SEC.18.

IC 35-46.5-2-7Terrorist organization activity Sec. 7. (a) A person who knowingly or intentionally commits an offense:

(1) with the intent to benefit, promote, or further the interests of a terrorist organization; or

(2) for the purpose of increasing the person's own standing or position within a terrorist organization;

commits terrorist organization activity, a Level 5 felony. However, the offense is a Level 3 felony if the offense involves, directly or indirectly, the unlawful use of a firearm or weapon of mass destruction.

(b) In determining whether a person committed an offense under this section, the trier of fact may consider a person's association with a terrorist organization, including:

(1) an admission of terrorist organization membership by the person;

(2) a statement by:

(A) a member of the person's family;

(B) the person's guardian; or

(C) a reliable member of the terrorist organization;

stating the person is a member of a terrorist organization;

(3) the person associating with one (1) or more members of a terrorist organization;

(4) physical evidence indicating the person is a member of a terrorist organization;

(5) an observation of the person in the company of a known terrorist organization member on at least three (3) occasions;

(6) communications authored by the person indicating terrorist organization membership, promotion of membership in a terrorist organization, or responsibility for an offense committed by a terrorist organization; and

(7) the person's involvement in recruiting terrorist organization members.

As added by P.L.66-2019, SEC.18. Amended by P.L.156-2020, SEC.132.

IC 35-47ARTICLE 47. WEAPONS AND INSTRUMENTS OF VIOLENCE

Ch. 1.Definitions Ch. 2.Regulation of Handguns Ch. 2.5.Sale of Handguns Ch. 3.Disposal of Confiscated Weapons Ch. 3.5.Firearm Buyback Program Ch. 4.Miscellaneous Provisions Ch. 4.5.Regulation of Laser Pointers Ch. 5.Prohibited Instruments of Violence Ch. 6.Weapons on Aircraft Ch. 7.Reporting of Wounds Inflicted by Weapons and Burn Injuries Ch. 8.Regulation of Electronic Stun Weapons, Tasers, and Stun Guns Ch. 8.5.NFA Firearm Certification Ch. 9.Possession of Firearms on School Property and School Buses Ch. 10.Children and Firearms Ch. 11.Repealed Ch. 11.1.Local Regulation of Firearms, Ammunition, and Firearm Accessories Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Proceedings for the Seizure and Retention of a Firearm Ch. 15.Retired Law Enforcement Officers Identification for Carrying Firearms Ch. 16.Possession of Firearms by Judicial Officers

IC 35-47-1Chapter 1. Definitions

35-47-1-1Application of definitions in chapter 35-47-1-2"Alcohol abuser" 35-47-1-2.5"Ammunition" 35-47-1-3"Dealer" 35-47-1-4"Drug abuser" 35-47-1-5"Firearm" 35-47-1-5.1"Firearm accessory" 35-47-1-5.5"Gun show" 35-47-1-6"Handgun" 35-47-1-7"Proper person" 35-47-1-8"Proper reason" 35-47-1-9"Retail" 35-47-1-10Repealed 35-47-1-11"Shotgun" 35-47-1-12"Superintendent" 35-47-1-13"Wholesale"