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of another person without the consent of the other
person commits agricultural terrorism, a Level 5
felony.
35-47-12-3. Terroristic mischief.
A person who knowingly or intentionally
places or disseminates a device or substance with
the intent to cause a reasonable person to believe
that the device or substance is a weapon of mass
destruction (as defined in IC 35-31.5-2-354) com-
mits terroristic mischief, a Level 5 felony.
However, the offense is a Level 4 felony if, as a
result of the terroristic mischief:
(1) a physician prescribes diagnostic test-
ing or medical treatment for any person
other than the person who committed the
terroristic mischief; or
(2) a person suffers serious bodily injury.
Chapter 14. Proceedings for Seizure and
Retention of Firearm of Dangerous Person.
35-47-14-1. “Dangerous” defined.
35-47-14-2. Search warrant for firearm in possession of
dangerous person.
35-47-14-3. Post-seizure procedures.
35-47-14-4. Filing return on warrant.
35-47-14-5. Hearing on retention of firearm.
35-47-14-6. Burden of proof.
35-47-14-7. Returning firearm to another person.
35-47-14-8. Subsequent hearing for return of firearm.
35-47-14-9. Disposal of firearm after 5 years.
35-47-14-10. Sale of firearm.
35-47-14-1. “Dangerous” defined.
(a) For purposes of this chapter, an individual
is “dangerous” if:
(1) the individual presents an imminent
risk of personal injury to the individual
or to another individual; or
(2) the individual may present a risk of
personal injury to the individual or to
another individual in the future and the
individual:
(A) has a mental illness (as defined in
IC 12-7-2-130) that may be controlled
by medication, and has not demon-
strated a pattern of voluntarily and
consistently taking the individual’s
medication while not under supervi-
sion; or
(B) is the subject of documented evi-
dence that would give rise to a rea-
sonable belief that the individual has
a propensity for violent or emotionally
unstable conduct.
(b) The fact that an individual has been
released from a mental health facility or has a
mental illness that is currently controlled by med-
ication does not establish that the individual is dan-
gerous for the purposes of this chapter.
35-47-14-2. Search warrant for firearm in
possession of dangerous person.
Acircuit or superior court may issue a warrant
to search for and seize a firearm in the possession
of an individual who is dangerous if:
(1) a law enforcement officer provides
the court with a sworn affidavit that:
(A) states why the law enforcement
officer believes that the individual is
dangerous and in possession of a
firearm; and
(B) describes the law enforcement
officer’s interactions and conversa-
tions with:
(i) the individual who is alleged
to be dangerous; or
(ii) another individual, if the law
enforcement officer believes that
information obtained from this
individual is credible and reliable;
that have led the law enforcement officer
to believe that the individual is danger-
ous and in possession of a firearm;
(2) the affidavit specifically describes the
location of the firearm; and
(3) the circuit or superior court determines
that probable cause exists to believe that the
individual is:
(A) dangerous; and
(B) in possession of a firearm.
35-47-14-3. Post-seizure procedures.
(a) If a law enforcement officer seizes a
firearm from an individual whom the law enforce-
ment officer believes to be dangerous without
obtaining a warrant, the law enforcement officer
shall submit to the circuit or superior court hav-
ing jurisdiction over the individual believed to be