CRIMINAL LAWAND PROCEDURE
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the Federal Communications Commission for
police emergency purposes and that:
(1) can be installed, maintained, or oper-
ated in a vehicle; or
(2) can be operated while it is being car-
ried by an individual.
The term does not include a radio designed for use
only in a dwelling.
35-44.1-2-8. Manufacturing and selling
official badge.
(a) A person who knowingly or intentionally
manufactures and sells or manufactures and offers
for sale:
(1) an official badge or a replica of an offi-
cial badge that is currently used by a law
enforcement agency or fire department of
the state or of a political subdivision of the
state; or
(2) a document that purports to be an offi-
cial employment identification that is used
by a law enforcement agency or fire depart-
ment of the state or a political subdivi-
sion of the state;
without the written permission of the chief exec-
utive officer of the law enforcement agency com-
mits unlawful manufacture or sale of a police or
fire insignia, a Class A misdemeanor.
(b) However, the offense described in sub-
section (a) is:
(1) a Level 6 felony if the person com-
mits the offense with the knowledge or
intent that the badge or employment iden-
tification will be used to further the com-
mission of an offense under section 6 of
this chapter; and
(2) a Level 4 felony if the person com-
mits the offense with the knowledge or
intent that the badge or employment iden-
tification will be used to further the com-
mission of an offense under IC 35-47-12.
(c) It is a defense to a prosecution under sub-
section (a)(1) if the area of the badge or replica that
is manufactured and sold or manufactured and
offered for sale as measured by multiplying the
greatest length of the badge by the greatest width
of the badge is:
(1) less than fifty percent (50%); or
(2) more than one hundred fifty percent
(150%);
of the area of an official badge that is used by a
law enforcement agency or fire department of
the state or a political subdivision of the state as
measured by multiplying the greatest length of the
official badge by the greatest width of the official
badge.
35-44.1-2-9. Failure to appear.
(a) A person who, having been released from
lawful detention on condition that the person
appear at a specified time and place in connection
with a charge of a crime, intentionally fails to
appear at that time and place commits failure to
appear, a Class A misdemeanor. However, the
offense is a Level 6 felony if the charge was a
felony charge.
(b) It is no defense that the accused person was
not convicted of the crime with which the person
was originally charged.
(c) This section does not apply to obligations
to appear incident to release under suspended
sentence or on probation or parole.
35-44.1-2-10. Failure to respond to a
summons.
(a) A person who, having been issued:
(1) a complaint and summons in connec-
tion with an infraction or ordinance vio-
lation; or
(2) a summons, or summons and promise
to appear, in connection with a misde-
meanor violation;
notifying the person to appear at a specific time
and place, intentionally fails to appear at the spec-
ified time and place commits failure to respond to
a summons, a Class C misdemeanor.
(b) It is no defense that judgment was entered
in favor of the person in the infraction or ordinance
proceeding or that the person was acquitted of the
misdemeanor for which the person was sum-
moned to appear.
35-44.1-2-11. Interference with jury service.
A person who knowingly or intentionally:
(1) dismisses an employee;
(2) deprives an employee of employee
benefits; or
(3) threatens such a dismissal or depriva-
tion;