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  • Writer's pictureBrandon Hicks

Understanding Criminal Confinement Laws in Indiana 35-42-3-3


At B. Hicks Law, we believe in protecting the rights and liberties of individuals facing criminal charges in Indiana. Today, we're shedding light on one specific criminal offense - criminal confinement. Understanding this law is essential, as it can have serious legal consequences. In this blog post, we'll break down Indiana Code IC 35-42-3-3, which pertains to criminal confinement, and explore its different levels of felonies.

What is Criminal Confinement?

Criminal confinement, as defined in Indiana Code IC 35-42-3-3, occurs when a person knowingly or intentionally confines another person without their consent. This act constitutes a Level 6 felony, except when certain circumstances apply, which can elevate the offense to higher felony levels.

Level 5 Felony:

Criminal confinement can be charged as a Level 5 felony when:

  • The person confined is under the age of 14 and is not the confining person's child.

  • It is committed by using a vehicle.

  • It results in bodily injury to a person other than the confining person.

A Level 5 felony carries more severe penalties than a Level 6 felony, including longer prison sentences and larger fines.

Level 4 Felony:

Criminal confinement is classified as a Level 4 felony if it results in moderate bodily injury to a person other than the confining person. Moderate bodily injury typically involves injuries that are more serious than minor injuries but less severe than serious bodily injuries.

Level 3 Felony:

A Level 3 felony is applicable when criminal confinement:

  • Is committed while armed with a deadly weapon.

  • Results in serious bodily injury to a person other than the confining person.

  • Is committed on an aircraft.

A Level 3 felony is a more serious offense, and those convicted may face substantial prison time and hefty fines.

Level 2 Felony:

Criminal confinement is charged as a Level 2 felony if it is committed with specific intent, such as to obtain ransom, while hijacking a vehicle, with the intent to aid in the escape of a person from lawful incarceration, or with the intent to use the person confined as a shield or hostage. Level 2 felonies are among the most serious offenses under Indiana law and can result in substantial penalties. Understanding Indiana's criminal confinement laws is crucial, as the severity of the offense and the potential consequences depend on various factors, including the age of the victim and the presence of weapons. If you or someone you know is facing criminal confinement charges, it's essential to seek legal counsel from experienced criminal defense attorneys like the team at B. Hicks Law. Our dedicated legal professionals are here to provide expert guidance and representation to protect your rights. For more information and personalized legal advice, please don't hesitate to contact us at B. Hicks Law. We are committed to providing the best possible defense for our clients in Indiana. Your freedom and rights matter, and we are here to defend them.


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