Home State Laws The State Laws of Indiana

The State Laws of Indiana

The State Laws of Indiana


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Indiana Abortion Laws

Within the state of Indiana, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Indiana state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Statutory Definition of Illegal Abortion in Indiana: Any abortion not as provided for in 1st or 2nd trimester. Partial Birth Abortion: A person may not lawfully or knowingly perform a partial birth abortion unless a physician reasonably believes it is necessary to save the life of the mother and that no other medical procedure is sufficient

•    Statutory Definition of Legal Abortion in Indiana: During first trimester with mother's consent based on physician's professional and medical judgment; after first trimester but before viability, permissible with mother's consent and if performed in hospital or surgical center; after viability, procedure necessary to prevent impairment of life, health of mother and performed in hospital with premature birth care unit and with 2nd physician present

•    Penalty for Unlawful Abortion: Class C felony; Statute, Class A misdemeanor for not meeting proper consent requirements

Indiana Marijuana Laws

•    Code Section: 35-48-2-1, et seq.; 35-48-4-10, 11

•    Possession: Under 30 g.: Class A misdemeanor; Over 30 g.: Class D felony; Subsequent offense: Class D felony

•    Sale: Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony; Class C felony: 10 lbs. or more on a school bus; Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony

Indiana DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Indiana:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Indiana, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Indiana, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Indiana, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Indiana Gun Laws

•    Indiana is a “shall issue” state for the License to carry a handgun

•    The Indiana license to carry allows both open and concealed carry

•    A license to carry a handgun is issued to individuals age 18 or older who meet a number of legal requirements

•    Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery

•    Applications for a license must be filed to the local police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be awarded for-year permits

Indiana Adoption Laws

In the state of Indiana, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Indiana, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Indiana, the Department of Family Services mandates all adoptions

Indiana Employment and Labor Laws

•    Within the state of Indiana, the minimum wage is 7 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Indiana, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Indiana Divorce Laws

Within the state of Indiana, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Indiana; in the event that an individual –or individuals – were married in Indiana and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Indiana Death Penalty Laws 

Within the state of Indiana, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 16

•    Within the state of Indiana, homicide is considered to be the only crime punishable by death

•    The accepted means of lethal injection is lethal injection

Indiana Gambling Laws

Within the state of Indiana, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Indiana

Indiana Child Laws

Within the state of Indiana, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision