Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 23
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-43-1-2, AS AMENDED BY P.L.79-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) A person who recklessly, knowingly, or
intentionally damages or defaces property of another person without
the other person's consent commits criminal mischief, a Class B
misdemeanor. However, the offense is:
(1) a Class A misdemeanor if the pecuniary loss is at least seven
hundred fifty dollars ($750) but less than fifty thousand dollars
($50,000); and
(2) a Level 6 felony if:
(A) the pecuniary loss is at least fifty thousand dollars
($50,000);
(B) the damage causes a substantial interruption or impairment
of utility service rendered to the public;
(C) the damage is to a public record; or
(D) the damage is to a law enforcement animal (as defined in
IC 35-46-3-4.5); or
(E) the damage is to a component of an automatic building
fire suppression system that is located in a penal facility.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a structure used for religious worship without the consent of
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the owner, possessor, or occupant of the property that is damaged;
(2) a school or community center without the consent of the
owner, possessor, or occupant of the property that is damaged;
(3) the property of an agricultural operation (as defined in
IC 32-30-6-1) without the consent of the owner, possessor, or
occupant of the property that is damaged;
(4) the property of a scientific research facility (as defined in
IC 35-31.5-2-287) without the consent of, or with consent which
was fraudulently obtained from, the owner, possessor, or occupant
of the property that is damaged;
(5) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a structure or facility identified in subdivisions (1) through (4)
without the consent of the owner, possessor, or occupant of the
property that is damaged;
(6) personal property contained in a structure or located at a
facility identified in subdivisions (1) through (4) without the
consent of the owner, possessor, or occupant of the property that
is damaged;
(7) property that is vacant real property (as defined in
IC 36-7-36-5) or a vacant structure (as defined in IC 36-7-36-6);
or
(8) property after the person has been denied entry to the property
by a court order that was issued:
(A) to the person; or
(B) to the general public by conspicuous posting on or around
the property in areas where a person could observe the order
when the property has been designated by a municipality or
county enforcement authority to be a vacant property, an
abandoned property, or an abandoned structure (as defined in
IC 36-7-36-1);
commits institutional criminal mischief, a Class A misdemeanor.
However, the offense is a Level 6 felony if the pecuniary loss (or
property damage, in the case of an agricultural operation or a scientific
research facility) is at least seven hundred fifty dollars ($750) but less
than fifty thousand dollars ($50,000), and a Level 5 felony if the
pecuniary loss (or property damage, in the case of an agricultural
operation or a scientific research facility) is at least fifty thousand
dollars ($50,000).
(c) A person who recklessly, knowingly, or intentionally damages
property:
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(1) during the dealing or manufacture of or attempted dealing or
manufacture of a controlled substance; and
(2) by means of a fire or an explosion;
commits controlled substances criminal mischief, a Level 6 felony.
However, the offense is a Level 5 felony if the offense results in
moderate bodily injury to any person other than a defendant.
(d) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's driver's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1)
year.
(e) The court may rescind an order for suspension or invalidation
under subsection (d) and allow the person to receive a license or permit
before the period of suspension or invalidation ends if the court
determines that the person has removed or painted over the graffiti or
has made other suitable restitution.
(f) For purposes of this section, "pecuniary loss" includes:
(1) the total costs incurred in inspecting, cleaning, and
decontaminating property contaminated by a pollutant; and
(2) a reasonable estimate of all additional costs not already
incurred under subdivision (1) that are necessary to inspect, clean,
and decontaminate property contaminated by a pollutant, to the
extent that the property has not already been:
(A) cleaned;
(B) decontaminated; or
(C) both cleaned and decontaminated.
The term includes inspection, cleaning, or decontamination conducted
by a person certified under IC 16-19-3.1.
SEA 23 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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