CRIMINAL LAWAND PROCEDURE
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sion, committee, department, division, hos-
pital, military body, or other instrumentality
of any of those entities; or
(3) a state assisted college or state assisted
university.
(b) For purposes of IC 35-33-5, “governmen-
tal entity” also includes a person authorized to act
on behalf of a state or local agency.
35-31.5-2-145.3. “Governor” defined.
“Governor”, for purposes of IC 35-33-10-3,
has the meaning set forth in IC 35-33-10-3(1).
35-31.5-2-146. “Graffiti” defined.
“Graffiti” means any unauthorized inscrip-
tion, work, figure, or design that is marked, etched,
scratched, drawn, or painted on a component of
any building, structure, or other facility.
35-31.5-2-149. “Harm” defined.
“Harm” means loss, disadvantage, or injury or
anything so regarded by the person affected,
including loss, disadvantage, or injury to any
other person in whose welfare the person is inter-
ested.
35-31.5-2-155. “Home” defined.
(a) “Home”, for purposes of IC 35-38-2.5,
has the meaning set forth in IC 35-38-2.5-2.
(b) “Home”, for purposes of IC 35-38-2.6-6,
has the meaning set forth in IC 35-38-2.6-6(a).
35-31.5-2-160. “Human being” defined.
“Human being” means an individual who has
been born and is alive.
35-31.5-2-163. “Identity theft” defined.
“Identity theft,” for purposes of IC 35-40-14,
has the meaning set forth in IC 35-40-14-1.
35-31.5-2-166. “Imprison” defined.
“Imprison” means to:
(1) confine in a penal facility;
(2) commit to the department of correction;
or
(3) assign to a community transition
program under IC 11-10-11.5.
35-31.5-2-168. “Included offense” defined.
“Included offense” means an offense that:
(1) is established by proof of the same
material elements or less than all the mate-
rial elements required to establish the com-
mission of the offense charged;
(2) consists of an attempt to commit the
offense charged or an offense otherwise
included therein; or
(3) differs from the offense charged only
in the respect that a less serious harm or
risk of harm to the same person, property,
or public interest, or a lesser kind of cul-
pability, is required to establish its com-
mission.
35-31.5-2-169. “Individual with mental
retardation” defined.
(a) “Individual with mental retardation”, for
purposes of IC 35-36-2-5(e), has the meaning set
forth in IC 35-36-2-5(e).
(b) “Individual with mental retardation”, for
purposes of IC 35-36-9 and IC 35-50-2, has the
meaning set forth in IC 35-36-9-2.
35-31.5-2-169.5. “Infectious hepatitis”
defined.
“Infectious hepatitis”, for purposes of IC 35-
45-16-2, has the meaning set forth in IC 35-45-16-
2(b).
35-31.5-2-173. “Instant messaging or chat
room program” defined.
“Instant messaging or chat room program”
means a software program or application that:
(1) requires a person to register or create
an account, a username, or a password to
become a member or registered user of
the program; and
(2) allows two (2) or more members or
authorized users to communicate over the
Internet in real time.
The term does not include an electronic mail pro-
gram or message board program.
35-31.5-2-175.5. “Intercept” defined.
“Intercept” for purposes of IC 35-33-5, has the
meaning set forth in IC 35-33-5-0.5(5).
35-31.5-2-176. “Interception” defined.
“Interception”, for purposes of IC 35-33.5,
means the intentional recording or acquisition of
the contents of an electronic communication by a