Skip to main content
US Criminal Defense.org
Menu

Indiana criminal charge

Criminal confinement in Indiana

Current through 2026 Indiana legislative session

Criminal confinement is a criminal offense under Indiana law, defined by Ind. Code § 35-42-3-3. 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 § 35-42-3-3.

What is the penalty for criminal confinement in Indiana?

Penalties for Criminal confinement
PenaltyRangeBasisAuthority
Jail / prison6 months to 30 months (Criminal confinement (base offense) — A person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Criminal confinement (base offense) — A person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury — The confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury — The confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person.)discretionaryInd. Code § 35-50-2-6
Jail / prison2 years to 12 years (Criminal confinement resulting in moderate bodily injury — The confinement results in moderate bodily injury to a person other than the confining person.; fixed term; advisory sentence 6 years)presumptiveInd. Code § 35-50-2-5.5
Fineup to $10,000 (Criminal confinement resulting in moderate bodily injury — The confinement results in moderate bodily injury to a person other than the confining person.)discretionaryInd. Code § 35-50-2-5.5
Jail / prison3 years to 16 years (Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft — The confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft.; fixed term; advisory sentence 9 years)presumptiveInd. Code § 35-50-2-5
Fineup to $10,000 (Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft — The confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft.)discretionaryInd. Code § 35-50-2-5
Jail / prison10 years to 30 years (Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage — The confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage.; fixed term; advisory sentence 17 1/2 years)presumptiveInd. Code § 35-50-2-4.5
Fineup to $10,000 (Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage — The confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage.)discretionaryInd. Code § 35-50-2-4.5

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is criminal confinement classified in Indiana?

The classification depends on the circumstances:

Classification variants for Criminal confinement
VariantClassificationWhen it appliesStatute
Criminal confinement (base offense)Level 6 FelonyA person knowingly or intentionally confines another person without consent, and none of the aggravating circumstances in subsection (b) apply.Ind. Code § 35-42-3-3(a)
Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injuryLevel 5 FelonyThe confined person is less than 14 years old and not the confining person's child, or the offense is committed using a vehicle, or it results in bodily injury to a person other than the confining person.Ind. Code § 35-42-3-3(b)
Criminal confinement resulting in moderate bodily injuryLevel 4 FelonyThe confinement results in moderate bodily injury to a person other than the confining person.Ind. Code § 35-42-3-3(b)
Criminal confinement while armed, resulting in serious bodily injury, or on an aircraftLevel 3 FelonyThe confinement is committed while armed with a deadly weapon, results in serious bodily injury to a person other than the confining person, or is committed on an aircraft.Ind. Code § 35-42-3-3(b)
Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostageLevel 2 FelonyThe confinement is committed with intent to obtain ransom, while hijacking a vehicle, with intent to obtain release or aid escape of a person from lawful incarceration, or with intent to use the confined person as a shield or hostage.Ind. Code § 35-42-3-3(b)

Common questions about criminal confinement in Indiana

Is criminal confinement a felony or a misdemeanor in Indiana?

It depends on the circumstances: criminal confinement ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-3-3.

Criminal confinement (base offense): Level 6 Felony (Ind. Code § 35-42-3-3(a)) · Criminal confinement — victim under 14 (not confining person's child), by vehicle, or resulting in bodily injury: Level 5 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement resulting in moderate bodily injury: Level 4 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement while armed, resulting in serious bodily injury, or on an aircraft: Level 3 Felony (Ind. Code § 35-42-3-3(b)) · Criminal confinement for ransom, hijacking, aiding escape, or as shield/hostage: Level 2 Felony (Ind. Code § 35-42-3-3(b))

What are the penalties for criminal confinement in Indiana?

Penalties for criminal confinement in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by 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 criminal confinement?

Criminal confinement is governed by Ind. Code § 35-42-3-3 (Criminal confinement).

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.