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Indiana

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about address confidentiality and your states criminal stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Address Confidentiality

Address confidentiality programs allow victims of stalking, sexual assault, domestic violence, or other types of crime to receive mail at a substitute address, which keeps their actual address private and prevents offenders from locating the victim through public records. Mail is sent to the legal substitute address, often a post office box, and then forwarded to the victim’s actual address. The substitute address can be provided whenever the victim’s address is required by a public agency.

Click here for more information on the Address Confidentiality Program in Indiana.

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in Indiana.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Address Confidentiality

The Indiana State Address Confidentiality Program assists crime victims who have relocated. Click here to find help with your application in your county. Click here to learn more about what the program in your state covers.

Contact Information

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Criminal Stalking Laws

Burns Ind. Code Ann. § 35-45-10-1. "Stalk" defined. (1993)
As used in this chapter, "stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.

HISTORY: P.L.242-1993, § 4.

Burns Ind. Code Ann. § 35-45-10-2. "Harassment" defined. (1993)
As used in this chapter, "harassment" means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.

Burns Ind. Code Ann. § 35-45-10-3.  "Impermissible contact" defined. (1993)
As used in this chapter, "impermissible contact" includes but is not limited to knowingly or intentionally following or pursuing the victim.

Burns Ind. Code Ann. § 35-45-10-4. "Victim" defined. (1993)
As used in this chapter, "victim" means a person who is the object of stalking.

Burns Ind. Code Ann. § 35-45-10-5.. Violation -- Penalties. (2002)
(a) A person who stalks another person commits stalking, a Class D felony.

(b) The offense is a Class C felony if at least one (1) of the following applies:

(1)  A person:

(A) stalks a victim; and

(B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of:

(i) sexual battery (as defined in IC 35-42-4-8);

(ii) serious bodily injury; or

(iii) death.

(2)  A protective order to prevent domestic or family violence, a no contact order, or other judicial order under any of the following statutes has been issued by the court to protect the same victim or victims from the person and the person has been given actual notice of the order:

(A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of marriage and legal separation).

(B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal (delinquent children and children in need of services).

(C) IC 31-32 or IC 31-6-7 before its repeal (procedure in juvenile court).

(D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to prevent abuse).

(E) IC 34-26-6 (workplace violence restraining orders).

(3)  The person's stalking of another person violates an order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion if the person has been given actual notice of the order.

(4)  The person's stalking of another person violates a no contact order issued as a condition of probation if the person has been given actual notice of the order.

(5)  The person's stalking of another person violates a protective order issued underIC 31-14-16-1 and IC 34-26-5 in a paternity action if the person has been given actual notice of the order.

(6)  The person's stalking of another person violates an order issued in another state that is substantially similar to an order described in subdivisions (2) through (5) if the person has been given actual notice of the order.

(7)  The person's stalking of another person violates an order that is substantially similar to an order described in subdivisions (2) through (5) and is issued by an Indian:

(A) tribe;

(B) band;

(C) pueblo;

(D) nation; or

(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.); that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians if the person has been given actual notice of the order.

(8)  A criminal complaint of stalking that concerns an act by the person against the same victim or victims is pending in a court and the person has been given actual notice of the complaint.

(c)   The offense is a Class B felony if:

(1)  the act or acts were committed while the person was armed with a deadly weapon; or

(2)  the person has an unrelated conviction for an offense under this section against the same victim or victims.

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