Indiana criminal charge
Criminal stalking in Indiana
Criminal stalking is a criminal offense under Indiana law, defined by Ind. Code § 35-45-10-5. 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 § 35-45-10-5.
What is the penalty for criminal stalking in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Base stalking offense — A person who stalks another person commits stalking.; 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 (Base stalking offense — A person who stalks another person commits stalking.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Stalking with explicit/implicit threat of sexual battery, serious bodily injury, or death — The person stalks a victim and makes an explicit or implicit threat intending to place the victim in reasonable fear of sexual battery, serious bodily injury, or death.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking with explicit/implicit threat of sexual battery, serious bodily injury, or death — The person stalks a victim and makes an explicit or implicit threat intending to place the victim in reasonable fear of sexual battery, serious bodily injury, or death.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of protective/no contact/judicial order — A protective order, no contact order, or other specified judicial order protecting the victim has been issued and the person had actual notice of it.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of protective/no contact/judicial order — A protective order, no contact order, or other specified judicial order protecting the victim has been issued and the person had actual notice of it.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of pretrial release or diversion order — The stalking violates an order issued as a condition of pretrial release or pretrial diversion, with actual notice given.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of pretrial release or diversion order — The stalking violates an order issued as a condition of pretrial release or pretrial diversion, with actual notice given.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of probation no contact order — The stalking violates a no contact order issued as a condition of probation, with actual notice given.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of probation no contact order — The stalking violates a no contact order issued as a condition of probation, with actual notice given.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of paternity action protective order — The stalking violates a protective order issued under the paternity statutes, with actual notice given.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of paternity action protective order — The stalking violates a protective order issued under the paternity statutes, with actual notice given.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of substantially similar out-of-state order — The stalking violates an order issued in another state that is substantially similar to the listed protective/no contact orders, with actual notice given.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of substantially similar out-of-state order — The stalking violates an order issued in another state that is substantially similar to the listed protective/no contact orders, with actual notice given.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking in violation of substantially similar tribal order — The stalking violates a substantially similar order issued by a recognized Indian tribe, band, pueblo, nation, or similar entity, with actual notice given.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking in violation of substantially similar tribal order — The stalking violates a substantially similar order issued by a recognized Indian tribe, band, pueblo, nation, or similar entity, with actual notice given.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking while criminal complaint pending — A criminal complaint of stalking concerning an act against the same victim is pending in court and the person had actual notice of the complaint.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking while criminal complaint pending — A criminal complaint of stalking concerning an act against the same victim is pending in court and the person had actual notice of the complaint.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Stalking facilitated by tracking device — The offense was committed or facilitated by the use of a tracking device.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Stalking facilitated by tracking device — The offense was committed or facilitated by the use of a tracking device.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Stalking while armed with a deadly weapon — The act or acts of stalking were committed while the person was armed with a deadly weapon.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Stalking while armed with a deadly weapon — The act or acts of stalking were committed while the person was armed with a deadly weapon.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 2 years to 12 years (Stalking with prior unrelated stalking conviction against same victim — The person has an unrelated prior conviction for stalking under this section against the same victim or victims.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Stalking with prior unrelated stalking conviction against same victim — The person has an unrelated prior conviction for stalking under this section against the same victim or victims.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is criminal stalking classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base stalking offense | Level 6 Felony | A person who stalks another person commits stalking. | Ind. Code § 35-45-10-5(a) |
| Stalking with explicit/implicit threat of sexual battery, serious bodily injury, or death | Level 5 Felony | The person stalks a victim and makes an explicit or implicit threat intending to place the victim in reasonable fear of sexual battery, serious bodily injury, or death. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of protective/no contact/judicial order | Level 5 Felony | A protective order, no contact order, or other specified judicial order protecting the victim has been issued and the person had actual notice of it. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of pretrial release or diversion order | Level 5 Felony | The stalking violates an order issued as a condition of pretrial release or pretrial diversion, with actual notice given. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of probation no contact order | Level 5 Felony | The stalking violates a no contact order issued as a condition of probation, with actual notice given. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of paternity action protective order | Level 5 Felony | The stalking violates a protective order issued under the paternity statutes, with actual notice given. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of substantially similar out-of-state order | Level 5 Felony | The stalking violates an order issued in another state that is substantially similar to the listed protective/no contact orders, with actual notice given. | Ind. Code § 35-45-10-5(b) |
| Stalking in violation of substantially similar tribal order | Level 5 Felony | The stalking violates a substantially similar order issued by a recognized Indian tribe, band, pueblo, nation, or similar entity, with actual notice given. | Ind. Code § 35-45-10-5(b) |
| Stalking while criminal complaint pending | Level 5 Felony | A criminal complaint of stalking concerning an act against the same victim is pending in court and the person had actual notice of the complaint. | Ind. Code § 35-45-10-5(b) |
| Stalking facilitated by tracking device | Level 5 Felony | The offense was committed or facilitated by the use of a tracking device. | Ind. Code § 35-45-10-5(b) |
| Stalking while armed with a deadly weapon | Level 4 Felony | The act or acts of stalking were committed while the person was armed with a deadly weapon. | Ind. Code § 35-45-10-5(c) |
| Stalking with prior unrelated stalking conviction against same victim | Level 4 Felony | The person has an unrelated prior conviction for stalking under this section against the same victim or victims. | Ind. Code § 35-45-10-5(c) |
Common questions about criminal stalking in Indiana
Is criminal stalking a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal stalking ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-45-10-5.
Base stalking offense: Level 6 Felony (Ind. Code § 35-45-10-5(a)) · Stalking with explicit/implicit threat of sexual battery, serious bodily injury, or death: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of protective/no contact/judicial order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of pretrial release or diversion order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of probation no contact order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of paternity action protective order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of substantially similar out-of-state order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking in violation of substantially similar tribal order: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking while criminal complaint pending: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking facilitated by tracking device: Level 5 Felony (Ind. Code § 35-45-10-5(b)) · Stalking while armed with a deadly weapon: Level 4 Felony (Ind. Code § 35-45-10-5(c)) · Stalking with prior unrelated stalking conviction against same victim: Level 4 Felony (Ind. Code § 35-45-10-5(c))
What are the penalties for criminal stalking in Indiana?
Penalties for criminal stalking in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers criminal stalking?
Criminal stalking is governed by Ind. Code § 35-45-10-5 (Criminal stalking).
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.