Indiana criminal charge
Highway worksites; penalties for violations in Indiana
Highway worksites; penalties for violations is a criminal offense under Indiana law, defined by Ind. Code § 9-21-8-56. 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 § 9-21-8-56.
What is the penalty for highway worksites; penalties for violations in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Reckless operation near highway worksite — A person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Reckless operation near highway worksite — A person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Knowing/intentional operation with intent to damage devices or injure worker — A person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Knowing/intentional operation with intent to damage devices or injure worker — A person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Aggressive driving or speed contest near worksite — A person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Aggressive driving or speed contest near worksite — A person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 1 year (Reckless failure to obey traffic control device or flagman — A person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Reckless failure to obey traffic control device or flagman — A person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Elevated offense with prior conviction or OWI violation — An offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2.; 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 (Elevated offense with prior conviction or OWI violation — An offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Offense resulting in bodily injury to worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite.; 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 (Offense resulting in bodily injury to worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Offense resulting in death of worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Offense resulting in death of worker — An offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite.) | discretionary | Ind. Code § 35-50-2-6 |
| Fine | up to $1,000 (Minor traffic acts near worksite — A person knowingly, intentionally, or recklessly engages in certain acts described in section 55(b)(1)-(6) in the immediate vicinity of a highway worksite when workers are present.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
Applies to current.
How is highway worksites; penalties for violations classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Reckless operation near highway worksite | Class A Misdemeanor | A person recklessly operates a vehicle in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply. | Ind. Code § 9-21-8-56(b) |
| Knowing/intentional operation with intent to damage devices or injure worker | Class A Misdemeanor | A person knowingly or intentionally operates a motor vehicle near a highway worksite with workers present, intending to damage traffic control devices or injure a worker, unless subsections (f) through (h) apply. | Ind. Code § 9-21-8-56(c) |
| Aggressive driving or speed contest near worksite | Class A Misdemeanor | A person knowingly, intentionally, or recklessly engages in aggressive driving or a speed contest in the immediate vicinity of a highway worksite when workers are present, unless subsections (f) through (h) apply. | Ind. Code § 9-21-8-56(d) |
| Reckless failure to obey traffic control device or flagman | Class A Misdemeanor | A person recklessly fails to obey a traffic control device or flagman near a highway worksite when workers are present, unless subsections (f) through (h) apply. | Ind. Code § 9-21-8-56(e) |
| Elevated offense with prior conviction or OWI violation | Level 6 Felony | An offense under subsection (b), (c), (d), or (e) is elevated when the person has a prior unrelated conviction under this section within the previous five years or is operating the vehicle in violation of OWI statutes IC 9-30-5-1 or IC 9-30-5-2. | Ind. Code § 9-21-8-56(f) |
| Offense resulting in bodily injury to worker | Level 6 Felony | An offense under subsection (b), (c), (d), or (e) is elevated when it results in bodily injury to a worker in the worksite. | Ind. Code § 9-21-8-56(g) |
| Offense resulting in death of worker | Level 5 Felony | An offense under subsection (b), (c), (d), or (e) is elevated when it results in the death of a worker in the worksite. | Ind. Code § 9-21-8-56(h) |
| Minor traffic acts near worksite | Class B Infraction | A person knowingly, intentionally, or recklessly engages in certain acts described in section 55(b)(1)-(6) in the immediate vicinity of a highway worksite when workers are present. | Ind. Code § 9-21-8-56(i) |
Common questions about highway worksites; penalties for violations in Indiana
Is highway worksites; penalties for violations a felony or a misdemeanor in Indiana?
It depends on the circumstances: highway worksites; penalties for violations ranges from a Class B Infraction to a Level 5 Felony in Indiana under Ind. Code § 9-21-8-56.
Reckless operation near highway worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(b)) · Knowing/intentional operation with intent to damage devices or injure worker: Class A Misdemeanor (Ind. Code § 9-21-8-56(c)) · Aggressive driving or speed contest near worksite: Class A Misdemeanor (Ind. Code § 9-21-8-56(d)) · Reckless failure to obey traffic control device or flagman: Class A Misdemeanor (Ind. Code § 9-21-8-56(e)) · Elevated offense with prior conviction or OWI violation: Level 6 Felony (Ind. Code § 9-21-8-56(f)) · Offense resulting in bodily injury to worker: Level 6 Felony (Ind. Code § 9-21-8-56(g)) · Offense resulting in death of worker: Level 5 Felony (Ind. Code § 9-21-8-56(h)) · Minor traffic acts near worksite: Class B Infraction (Ind. Code § 9-21-8-56(i))
What are the penalties for highway worksites; penalties for violations in Indiana?
Penalties for highway worksites; penalties for violations in Indiana depend on how it is classified — from a Class B Infraction up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers highway worksites; penalties for violations?
Highway worksites; penalties for violations is governed by Ind. Code § 9-21-8-56 (Highway worksites; penalties for violations).
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.