CRIMINAL LAWAND PROCEDURE
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(1) A person less than fourteen (14) years
of age if the offense is committed by a
person at least eighteen (18) years of age.
(2) an endangered adult (as defined in IC
12-10-3-2).
35-42-2-1.3. Domestic battery.
(a) A person who knowingly or intentionally
touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the
other person as provided in subsection (c);
or
(3) has a child in common with the other
person;
in a rude, insolent, or angry manner that results in
bodily injury to the person described in subdivi-
sion (1), (2), or (3) commits domestic battery, a
Class A misdemeanor.
(b) However, the offense under subsection (a)
is a Level 6 felony if the person who committed
the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-
1(a)(2)(E) before that provision was
removed by P.L. 188-1999, SECTION
5); or
(B) in any other jurisdiction, including
a military court, in which the elements
of the crime for which the conviction
was entered are substantially similar to
the elements described in this section;
or
(2) committed the offense in the physical
presence of a child less than sixteen (16)
years of age, knowing that the child was
present and might be able to see or hear the
offense.
(c) In considering whether a person is or was
living as a spouse of another individual for pur-
poses of subsection (a)(2), the court shall review:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are
raising children together;
(5) whether the two (2) individuals have
engaged in tasks directed toward main-
taining a common household; and
(6) other factors the court considers rele-
vant.
35-42-2-1.5. Aggravated battery.
A person who knowingly or intentionally
inflicts injury on a person that creates a substan-
tial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the
function of a bodily member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Level 3 felony.
However, the offense is a Level 1 felony if it
results in the death of a child less than fourteen
(14) years of age and is committed by a person at
least eighteen (18) years of age.
35-42-2-2. Criminal recklessness.
(a) A person who recklessly, knowingly, or
intentionally performs an act that creates a sub-
stantial risk of bodily injury to another person
commits criminal recklessness. Except as pro-
vided in subsection (b), criminal recklessness is
a Class B 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 inhabited dwelling or
other building or place where people
are likely to gather; or
(B)the person committed aggressive
driving (as defined in IC 9-21-8-55)
that results in the death of another per-
son.
35-42-2-2.5. Hazing.
(a) As used in this section, “hazing” means
forcing or requiring another person:
(1) with or without the consent of the other
person; and
(2) as a condition of association with a
group or organization;
