Indiana statute

Ind. Code § 35-45-10-5 — Criminal stalking

Current through 2026 Regular Session

Part of Chapter 10: Stalking, Indiana Code.

Criminal charges under this statute

Criminal stalking

Full text of Ind. Code § 35-45-10-5

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 § 35-45-10-5Primary source, current through the 2026 Regular Session

Sec. 5. (a) A person who stalks another person commits stalking, a Level 6 felony. (b) The offense is a Level 5 felony if at least one (1) of the following applies: (1) A person: (A) stalks a victim; and (B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of: (i) sexual battery (as defined in IC 35-42-4-8 ); (ii) serious bodily injury; or (iii) death. (2) A protective order to prevent domestic or family violence, a no contact order, or other judicial order under any of the following statutes has been issued by the court to protect the same victim or victims from the person and the person has been given actual notice of the order: (A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of marriage and legal separation). (B) IC 31-34 , IC 31-37 , or IC 31-6-4 before its repeal (delinquent children and children in need of services). (C) IC 31-32 or IC 31-6-7 before its repeal (procedure in juvenile court). (D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to prevent abuse). (E) IC 34-26-6 (workplace violence restraining orders). (3) The person's stalking of another person violates an order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion if the person has been given actual notice of the order. (4) The person's stalking of another person violates a no contact order issued as a condition of probation if the person has been given actual notice of the order. (5) The person's stalking of another person violates a protective order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity action if the person has been given actual notice of the order. (6) The person's stalking of another person violates an order issued in another state that is substantially similar to an order described in subdivisions (2) through (5) if the person has been given actual notice of the order. (7) The person's stalking of another person violates an order that is substantially similar to an order described in subdivisions (2) through (5) and is issued by an Indian: (A) tribe; (B) band; (C) pueblo; (D) nation; or (E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians if the person has been given actual notice of the order. (8) A criminal complaint of stalking that concerns an act by the person against the same victim or victims is pending in a court and the person has been given actual notice of the complaint. (9) The offense was committed or facilitated by the use of a tracking device. (c) The offense is a Level 4 felony if: (1) the act or acts were committed while the person was armed with a deadly weapon; or (2) the person has an unrelated conviction for an offense under this section against the same victim or victims.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Indiana statute covers criminal stalking?

Criminal stalking is governed by Ind. Code § 35-45-10-5 (Criminal stalking).

This reference is informational and is not legal advice.