Indiana Intimidation and Harassment Laws

Statutes

Indiana Code:

• Section 35-45-2-1 (Intimidation)
• Section 35-45-2-2 (Harassment)

Intimidation

Intimidation occurs when an individual communicates a threat with the intent to:

• Force another person to act against their will;
• Put another person in fear of retaliation for a prior lawful act; or
• Cause another person to be removed from their home, building, structure, or vehicle.

Intimidation is a Class A misdemeanor, punishable by a minimum of 6 months in jail.

Intimidation is a Level 6 felony if the threat is to commit a forcible felony and the threat involves one of the following:

• A law enforcement officer;
• A witness (or spouse or child of a witness) in any pending criminal proceedings against the person who made the threat;
• A school employee;
• A probation dept. employee;
• A community corrections dept. employee;
• An employee of a church, hospital, or religious organization, or a person who owns a building or structure, open to the public or is an employee of that person;
• Someone with a previous unrelated conviction concerning the same victim; or
• Someone using school property or property of another government entity.

Level 6 intimidation is punishable by incarceration for up to 2.5 years.

Level 5 intimidation involves the use of a deadly weapon. It is punishable by incarceration of up to 6 years.

Harassment

Harassment occurs when an individual, who intends to harass, annoy, or alarm another person (but without any intent of legitimate communication), engages in the following:

• Makes a phone call (regardless of whether a conversation ensues);
• Communicates with a person by telegraph, mail, or other form of written communication;
• Transmits an obscene message, or indecent words on a Citizens Radio service channel; or
• Uses a computer network, or other form of electronic communication to communicate with a person or transmit an obscene message or indecent words to a person.

Related Offense

• Indiana Code Section 35-44-1-1-2 (bribery)