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Indiana statute

Ind. Code § 35-44.1-2-9 — Failure to appear

Current through 2026 Regular Session

Part of Chapter 2: Interference with General Government Operations, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-44.1-2-9

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-44.1-2-9Primary source, current through the 2026 Regular Session
Sec. 9. (a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A misdemeanor. However, the offense is a Level 6 felony if the charge was a felony charge. (b) It is no defense that the accused person was not convicted of the crime with which the person was originally charged. (c) This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

Official sources

Legal terms used in this section

Questions this section answers

Is failure to appear a felony or a misdemeanor in Indiana?

It depends on the circumstances: failure to appear ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-44.1-2-9.

Failure to appear - underlying charge misdemeanor: Class A Misdemeanor (Ind. Code § 35-44.1-2-9(a)) · Failure to appear - underlying charge felony: Level 6 Felony (Ind. Code § 35-44.1-2-9(a))

Which Indiana statute covers failure to appear?

Failure to appear is governed by Ind. Code § 35-44.1-2-9 (Failure to appear).

This reference is informational and is not legal advice.