Indiana criminal charge
Intimidation in Indiana
Current through 2026 Indiana legislative session
Intimidation is a criminal offense under Indiana law, defined by Ind. Code § 35-45-2-1. 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 § 35-45-2-1.
What is the penalty for intimidation in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base intimidation — A person communicates a threat with intent to compel conduct, cause fear of retaliation for a lawful act, cause evacuation or interference with occupancy of a dwelling/building/vehicle, or cause fear the threat will be carried out (for threats under (c)(1)(A)-(E) or (G)-(H)).) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base intimidation — A person communicates a threat with intent to compel conduct, cause fear of retaliation for a lawful act, cause evacuation or interference with occupancy of a dwelling/building/vehicle, or cause fear the threat will be carried out (for threats under (c)(1)(A)-(E) or (G)-(H)).) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Intimidation - forcible felony threat — The threat communicated is to commit a forcible felony.; 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 (Intimidation - forcible felony threat — The threat communicated is to commit a forcible felony.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Intimidation - threat against witness — The subject of the threat or the person to whom the threat is communicated is a witness (or spouse/child of a witness) in a pending criminal proceeding against the person making the threat.; 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 (Intimidation - threat against witness — The subject of the threat or the person to whom the threat is communicated is a witness (or spouse/child of a witness) in a pending criminal proceeding against the person making the threat.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Intimidation - occupation/employment/ownership related threat — The threat is communicated because of, or relates to or is made in connection with, a person's occupation, profession, employment status, or ownership status.; 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 (Intimidation - occupation/employment/ownership related threat — The threat is communicated because of, or relates to or is made in connection with, a person's occupation, profession, employment status, or ownership status.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Intimidation - prior related conviction — The person has a prior unrelated conviction for intimidation concerning the same victim.; 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 (Intimidation - prior related conviction — The person has a prior unrelated conviction for intimidation concerning the same victim.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Intimidation - using school/government property — The threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity.; 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 (Intimidation - using school/government property — The threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Intimidation - deadly weapon used — While committing the offense, the person draws or uses a deadly weapon.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Intimidation - deadly weapon used — While committing the offense, the person draws or uses a deadly weapon.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Intimidation - threat against judicial/prosecutorial/legislative officer — The subject of the threat or person to whom it is communicated is a judicial officer, bailiff, prosecuting attorney, deputy prosecuting attorney, or member of the general assembly, and the threat relates to that official status or duties.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Intimidation - threat against judicial/prosecutorial/legislative officer — The subject of the threat or person to whom it is communicated is a judicial officer, bailiff, prosecuting attorney, deputy prosecuting attorney, or member of the general assembly, and the threat relates to that official status or duties.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Intimidation - terrorism-related threat — The threat is to commit terrorism or is made in furtherance of an act of terrorism.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Intimidation - terrorism-related threat — The threat is to commit terrorism or is made in furtherance of an act of terrorism.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is intimidation classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base intimidation | Class A Misdemeanor | A person communicates a threat with intent to compel conduct, cause fear of retaliation for a lawful act, cause evacuation or interference with occupancy of a dwelling/building/vehicle, or cause fear the threat will be carried out (for threats under (c)(1)(A)-(E) or (G)-(H)). | Ind. Code § 35-45-2-1(a) |
| Intimidation - forcible felony threat | Level 6 Felony | The threat communicated is to commit a forcible felony. | Ind. Code § 35-45-2-1(b) |
| Intimidation - threat against witness | Level 6 Felony | The subject of the threat or the person to whom the threat is communicated is a witness (or spouse/child of a witness) in a pending criminal proceeding against the person making the threat. | Ind. Code § 35-45-2-1(b) |
| Intimidation - occupation/employment/ownership related threat | Level 6 Felony | The threat is communicated because of, or relates to or is made in connection with, a person's occupation, profession, employment status, or ownership status. | Ind. Code § 35-45-2-1(b) |
| Intimidation - prior related conviction | Level 6 Felony | The person has a prior unrelated conviction for intimidation concerning the same victim. | Ind. Code § 35-45-2-1(b) |
| Intimidation - using school/government property | Level 6 Felony | The threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity. | Ind. Code § 35-45-2-1(b) |
| Intimidation - deadly weapon used | Level 5 Felony | While committing the offense, the person draws or uses a deadly weapon. | Ind. Code § 35-45-2-1(b) |
| Intimidation - threat against judicial/prosecutorial/legislative officer | Level 5 Felony | The subject of the threat or person to whom it is communicated is a judicial officer, bailiff, prosecuting attorney, deputy prosecuting attorney, or member of the general assembly, and the threat relates to that official status or duties. | Ind. Code § 35-45-2-1(b) |
| Intimidation - terrorism-related threat | Level 5 Felony | The threat is to commit terrorism or is made in furtherance of an act of terrorism. | Ind. Code § 35-45-2-1(b) |
Common questions about intimidation in Indiana
Is intimidation a felony or a misdemeanor in Indiana?
It depends on the circumstances: intimidation ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-45-2-1.
Base intimidation: Class A Misdemeanor (Ind. Code § 35-45-2-1(a)) · Intimidation - forcible felony threat: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - threat against witness: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - occupation/employment/ownership related threat: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - prior related conviction: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - using school/government property: Level 6 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - deadly weapon used: Level 5 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - threat against judicial/prosecutorial/legislative officer: Level 5 Felony (Ind. Code § 35-45-2-1(b)) · Intimidation - terrorism-related threat: Level 5 Felony (Ind. Code § 35-45-2-1(b))
What are the penalties for intimidation in Indiana?
Which Indiana statute covers intimidation?
Intimidation is governed by Ind. Code § 35-45-2-1 (Intimidation).
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.