CRIMINAL LAWAND PROCEDURE
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(1) touches another person in a rude, inso-
lent, or angry manner; or
(2) in a rude, insolent or angry manner
places any bodily fluid or waste on another
person;
commits battery, a Class B misdemeanor.
(c) The offense described in subsection (b)(1)
or (b)(2) is a Class Amisdemeanor if it results in
bodily injury to any other person.
(d) The offense described in subsection (b)(1)
or (b)(2) is a Level 6 felony if one (1) of more of
the following apply:
(1) The offense results in moderate bod-
ily injury to any other person.
(2) The offense is committed against a
public safety official while the official is
engaged in the official’s official duty.
(3) The offense is committed against a
person less than fourteen (14) years of age
and is committed by a person at least eight-
een (18) years of age.
(4) The offense is committed against a
person of any age who has a mental or
physical disability and is committed by a
person having the care of the person with
the mental of physical disability, whether
the care is assumed voluntarily or because
of a legal obligation.
(5) The offense is committed against an
endangered adult (as defined in IC 12-10-
3-2).
(6) The offense is committed against a
family or household member (as defined
in IC 35-31.5-2-128) if the person who
committed the offense:
(A) is at least eighteen (18) years of
age; and
(B) committed the offense in the phys-
ical presence of a child less than six-
teen (16) years of age, knowing that the
child was present and might be able to
see or hear the offense.
(e) The offense described in subsection (b)(2)
is a Level 6 felony if the person knew or recklessly
failed to know that the bodily fluid or waste placed
on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(f) The offense described in subsection (b)(1)
or (b)(2) is a Level 5 felony if one (1) or more of
the following apply:
(1) The offense results in serious bodily
injury to another person.
(2) The offense is committed with a deadly
weapon.
(3) The offense results in bodily injury to
a pregnant woman if the person knew of
the pregnancy.
(4) The person has a previous conviction
for battery against the same victim.
(5) The offense results in bodily injury to
one (1) or more of the following:
(A) A public safety official while the
official is engaged in the official’s offi-
cial duties.
(B) A person less than fourteen (14)
years of age if the offense is commit-
ted by a person at least eighteen (18)
years of age.
(C) A person who has a mental of
physical disability if the offense is
committed by an individual having
care of the person with the disability,
regardless of whether the care is
assumed voluntarily or because of a
legal obligation.
(D) An endangered adult (as defined
in IC 12-10-3-2).
(g) The offense described in subsection (b)(2)
is a Level 5 felony if:
(1) The person knew or recklessly failed
to know that the bodily fluid or waste
placed on another person was infected
with hepatitis, tuberculosis, or human
immunodeficiency virus: and
(2) the person placed the bodily fluid or
waste on a public safety official.
(h) The offense described in subsection (b)(1)
or (b)(2) is a Level 4 felony if it results in serious
bodily injury to an endangered adult (as defined
in IC 12-10-3-2).
(i) The offense described in subsection (b)(1)
or (b)(2) is a Level 3 felony if it results in serious
bodily injury to a person less than fourteen (14)
years of age if the offense is committed by a per-
son at least eighteen (18) years of age.
(j) The offense described in subsection (b)(1)
or (b)(2) is a Level 2 felony if it results in the death
of one (1) or more of the following:
