IC 35-45-2
Chapter 2. Intimidation and Other Offenses Relating
to Communications
IC 35-45-2-1
Sec. 1. (a) A person who communicates a threat to
another person, with the intent:
(1) that the other person engage
in conduct against the other person's will;
(2) that the other person be
placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A)
a dwelling, a building, or another structure; or
(B)
a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A)
the threat is to commit a forcible felony;
(B)
the person to whom the threat is communicated:
(i)
is a law enforcement officer;
(ii)
is a judge or bailiff of any court;
(iii)
is a witness (or the spouse or child of a witness) in any pending criminal proceeding
against the person making the threat; or
(iv)
is an employee of a school corporation;
(C)
the person has a prior unrelated conviction for an offense under this section
concerning the same victim; or
(D)
the threat is communicated using property, including electronic equipment or
systems, of a school corporation or other governmental entity; and
(2) Class C felony if, while
committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action,
of an intention to:
(1) unlawfully injure the person
threatened or another person, or damage property;
(2) unlawfully subject a person
to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official
action, or cause such withholding;
(5) unlawfully withhold testimony
or information with respect to another person's legal claim or defense, except
for a reasonable claim for witness fees or expenses;
(6) expose the person threatened
to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit
or business reputation of the person threatened; or
(8) cause the evacuation of
a dwelling, a building, another structure, or a vehicle.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985,
SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001,
SEC.3.
IC 35-45-2-2
Sec. 2. (a) A person who, with intent to harass, annoy,
or alarm another person but with no intent of legitimate communication:
(1) makes a telephone call,
whether or not a conversation ensues;
(2) communicates with a person
by telegraph, mail, or other form of written communication;
(3) transmits an obscene message,
or indecent or profane words, on a Citizens Radio Service channel; or
(4) uses a computer network
(as defined in IC 35-43-2-3(a)) or other form of electronic communication
to:
(A)
communicate with a person; or
(B)
transmit an obscene message or indecent or profane words to a person;
commits harassment, a Class B misdemeanor.
(b) A message is obscene if:
(1) the average person, applying
contemporary community standards, finds that the dominant theme of the message,
taken as a whole, appeals to the prurient interest in sex;
(2) the message refers to sexual
conduct in a patently offensive way; and
(3) the message, taken as a
whole, lacks serious artistic, literary, political, or scientific value.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72;
Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.
IC 35-45-2-3
Sec. 3. (a) A person who knowingly or intentionally:
(1) refuses to yield a party
line upon request by another person who states that he wishes to make an emergency
call from a telephone on that party line;
(2) refuses to yield a Citizens
Radio Service channel upon request by another person who states that he wishes
to make an emergency call on that channel; or
(3) obtains the use of a party
line or Citizens Radio Service channel by falsely stating that he wishes to
make an emergency call;
commits unlawful use of a communications medium, a Class B misdemeanor.
(b) "Party line" means a common telephone line for two
(2) or more subscribers.
(c) "Emergency call" means a telephone call or radio
message in which the caller or sender reasonably believes that a human being
or property is in jeopardy and that prompt summoning of aid is essential.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.73;
Acts 1977, P.L.343, SEC.2.