Indiana criminal charge
Battery in Indiana
Battery is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-2-1.
What is the penalty for battery in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Basic battery — Knowingly or intentionally touching another in a rude, insolent, or angry manner, or placing bodily fluid/waste on another in such manner, absent aggravating factors.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Basic battery — Knowingly or intentionally touching another in a rude, insolent, or angry manner, or placing bodily fluid/waste on another in such manner, absent aggravating factors.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Battery resulting in bodily injury or against foster family member — The battery results in bodily injury to another person, or is committed against a member of a foster family home by a non-resident relative of a former resident.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Battery resulting in bodily injury or against foster family member — The battery results in bodily injury to another person, or is committed against a member of a foster family home by a non-resident relative of a former resident.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Battery with moderate bodily injury or against protected persons — The battery results in moderate bodily injury, or is committed against a public safety official on duty, a child under 14 by an adult, a person with a disability by their caregiver, an endangered adult, or a foster family member causing bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Battery with moderate bodily injury or against protected persons — The battery results in moderate bodily injury, or is committed against a public safety official on duty, a child under 14 by an adult, a person with a disability by their caregiver, an endangered adult, or a foster family member causing bodily injury.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Battery by infected bodily fluid/waste (base) — The person knew or recklessly failed to know the bodily fluid or waste placed on another was infected with hepatitis, tuberculosis, or HIV.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Battery by infected bodily fluid/waste (base) — The person knew or recklessly failed to know the bodily fluid or waste placed on another was infected with hepatitis, tuberculosis, or HIV.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Battery causing serious injury, deadly weapon, or against protected persons — The battery results in serious bodily injury, is committed with a deadly weapon, injures a known pregnant woman, is a repeat offense against the same victim, or results in bodily injury to a public safety official, child under 14, disabled person, or endangered adult.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Battery causing serious injury, deadly weapon, or against protected persons — The battery results in serious bodily injury, is committed with a deadly weapon, injures a known pregnant woman, is a repeat offense against the same victim, or results in bodily injury to a public safety official, child under 14, disabled person, or endangered adult.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Battery by infected bodily fluid/waste against public safety official — The person knowingly or recklessly placed bodily fluid or waste infected with hepatitis, tuberculosis, or HIV on a public safety official engaged in official duties.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Battery by infected bodily fluid/waste against public safety official — The person knowingly or recklessly placed bodily fluid or waste infected with hepatitis, tuberculosis, or HIV on a public safety official engaged in official duties.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Battery causing serious bodily injury to endangered adult — The battery results in serious bodily injury to an endangered adult.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Battery causing serious bodily injury to endangered adult — The battery results in serious bodily injury to an endangered adult.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Battery causing serious bodily injury to child under 14 — The battery results in serious bodily injury to a person under 14 committed by a person at least 18 years old.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Battery causing serious bodily injury to child under 14 — The battery results in serious bodily injury to a person under 14 committed by a person at least 18 years old.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Battery causing death of child or endangered adult — The battery results in the death of a person under 14 (committed by an adult) or the death of an endangered adult.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Battery causing death of child or endangered adult — The battery results in the death of a person under 14 (committed by an adult) or the death of an endangered adult.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to current.
How is battery classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Basic battery | Class B Misdemeanor | Knowingly or intentionally touching another in a rude, insolent, or angry manner, or placing bodily fluid/waste on another in such manner, absent aggravating factors. | Ind. Code § 35-42-2-1(c) |
| Battery resulting in bodily injury or against foster family member | Class A Misdemeanor | The battery results in bodily injury to another person, or is committed against a member of a foster family home by a non-resident relative of a former resident. | Ind. Code § 35-42-2-1(d) |
| Battery with moderate bodily injury or against protected persons | Level 6 Felony | The battery results in moderate bodily injury, or is committed against a public safety official on duty, a child under 14 by an adult, a person with a disability by their caregiver, an endangered adult, or a foster family member causing bodily injury. | Ind. Code § 35-42-2-1(e) |
| Battery by infected bodily fluid/waste (base) | Level 6 Felony | The person knew or recklessly failed to know the bodily fluid or waste placed on another was infected with hepatitis, tuberculosis, or HIV. | Ind. Code § 35-42-2-1(f) |
| Battery causing serious injury, deadly weapon, or against protected persons | Level 5 Felony | The battery results in serious bodily injury, is committed with a deadly weapon, injures a known pregnant woman, is a repeat offense against the same victim, or results in bodily injury to a public safety official, child under 14, disabled person, or endangered adult. | Ind. Code § 35-42-2-1(g) |
| Battery by infected bodily fluid/waste against public safety official | Level 5 Felony | The person knowingly or recklessly placed bodily fluid or waste infected with hepatitis, tuberculosis, or HIV on a public safety official engaged in official duties. | Ind. Code § 35-42-2-1(h) |
| Battery causing serious bodily injury to endangered adult | Level 4 Felony | The battery results in serious bodily injury to an endangered adult. | Ind. Code § 35-42-2-1(i) |
| Battery causing serious bodily injury to child under 14 | Level 3 Felony | The battery results in serious bodily injury to a person under 14 committed by a person at least 18 years old. | Ind. Code § 35-42-2-1(j) |
| Battery causing death of child or endangered adult | Level 2 Felony | The battery results in the death of a person under 14 (committed by an adult) or the death of an endangered adult. | Ind. Code § 35-42-2-1(k) |
Common questions about battery in Indiana
Is battery a felony or a misdemeanor in Indiana?
It depends on the circumstances: battery ranges from a Class B Misdemeanor to a Level 2 Felony in Indiana under Ind. Code § 35-42-2-1.
Basic battery: Class B Misdemeanor (Ind. Code § 35-42-2-1(c)) · Battery resulting in bodily injury or against foster family member: Class A Misdemeanor (Ind. Code § 35-42-2-1(d)) · Battery with moderate bodily injury or against protected persons: Level 6 Felony (Ind. Code § 35-42-2-1(e)) · Battery by infected bodily fluid/waste (base): Level 6 Felony (Ind. Code § 35-42-2-1(f)) · Battery causing serious injury, deadly weapon, or against protected persons: Level 5 Felony (Ind. Code § 35-42-2-1(g)) · Battery by infected bodily fluid/waste against public safety official: Level 5 Felony (Ind. Code § 35-42-2-1(h)) · Battery causing serious bodily injury to endangered adult: Level 4 Felony (Ind. Code § 35-42-2-1(i)) · Battery causing serious bodily injury to child under 14: Level 3 Felony (Ind. Code § 35-42-2-1(j)) · Battery causing death of child or endangered adult: Level 2 Felony (Ind. Code § 35-42-2-1(k))
What are the penalties for battery in Indiana?
Penalties for battery in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers battery?
Battery is governed by Ind. Code § 35-42-2-1 (Battery).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.