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Indiana Code Title 35. Criminal Law and Procedure § 35-42-2-2

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness.  Except as provided in subsection (b), criminal recklessness is a Class A misdemeanor.

(b) The offense of criminal recklessness as defined in subsection (a) is:

(1) a Level 6 felony if:

(A) it is committed while armed with a deadly weapon;  or

(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person;  or

(2) a Level 5 felony if:

(A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present;  or

(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death or catastrophic injury of another person.

(c) A person who:

(1) is a passenger in a vehicle whose operator has committed an offense under subsection (a) or (b);  and

(2) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present;

commits criminal recklessness, a Level 6 felony.  It is not a defense to a prosecution under this section that the operator of the motor vehicle has not been charged with or convicted of an offense under this section.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-42-2-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-2-2/

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