Indiana Code

Ind. Code § 1-1-4-5 (2026)

Definitions applicable to construction of all Indiana statutes

✓ current as of May 2026

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Sec. 5. (a) The following definitions apply to the construction of all Indiana statutes, unless the construction is plainly repugnant to the intent of the general assembly or of the context of the statute:

(1) "Adult", "of full age", and "person in his majority" mean a person at least eighteen (18) years of age.

(2) "Attorney" includes a counselor or other person authorized to appear and represent a party in an action or special proceeding.

(3) "Autism" means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(4) "Bond" does not necessarily imply a seal.

(5) "Clerk" means the clerk of the court or a person authorized to perform the clerk's duties.

(6) "Health record", "hospital record", or "medical record" means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. Except as otherwise provided, the terms include mental health records and drug and alcohol abuse records.

(7) "Highway" includes county bridges and state and county roads, unless otherwise expressly provided.

(8) "Infant" or "minor" means a person less than eighteen (18) years of age.

(9) "Inhabitant" may be construed to mean a resident in any place.

(10) "Judgment" means all final orders, decrees, and determinations in an action and all orders upon which executions may issue.

(11) "Land", "real estate", and "real property" include lands, tenements, and hereditaments.

(12) "Mentally incompetent" means of unsound mind.

(13) "Money demands on contract", when used in reference to an action, means an action arising out of contract when the relief demanded is a recovery of money.

(14) "Month" means a calendar month, unless otherwise expressed.

(15) "Noncode statute" means a statute that is not codified as part of the Indiana Code.

(16) "Oath" includes "affirmation", and "to swear" includes to "affirm".

(17) "Person" extends to bodies politic and corporate.

(18) "Personal property" includes goods, chattels, evidences of debt, and things in action.

(19) "Population" has the meaning set forth in IC 1-1-3.5-3.

(20) "Preceding" and "following", referring to sections in statutes, mean the sections next preceding or next following that in which the words occur, unless some other section is designated.

(21) "Property" includes personal and real property.

(22) "Sheriff" means the sheriff of the county or another person authorized to perform sheriff's duties.

(23) "State", applied to any one (1) of the United States, includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. "United States" includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories.

(24) "Under legal disabilities" includes persons less than eighteen (18) years of age, mentally incompetent, or out of the United States.

(25) "Verified", when applied to pleadings, means supported by oath or affirmation in writing.

(26) "Will" includes a testament and codicil.

(27) "Without relief" in any judgment, contract, execution, or other instrument of writing or record, means without the benefit of valuation laws.

(28) "Written" and "in writing" include printing, lithographing, or other mode of representing words and letters. If the written signature of a person is required, the terms mean the proper handwriting of the person or the person's mark.

(29) "Year" means a calendar year, unless otherwise expressed.

(30) The definitions in IC 35-31.5 apply to all statutes relating to penal offenses.

(b) This subsection applies to the definitions of "Hoosier veteran" and "veteran" when used in reference to state programs for veterans. The term "veteran" includes "Hoosier veteran", and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. "Hoosier veteran" means an individual who meets the following criteria:

(1) The individual is a resident of Indiana.

(2) The individual served in an active or reserve component of the armed forces of the United States or the Indiana National Guard.

(3) The individual completed any required military occupational specialty training and was not discharged or separated from the armed forces or the Indiana National Guard under conditions other than conditions set forth in IC 10-17-12-7.5(2).

The definitions set forth in this subsection may not be construed to affect a Hoosier veteran's eligibility for any state program that is based upon a particular aspect of the Hoosier veteran's service such as a disability or a wartime service requirement.

As added by P.L.1-1990, SEC.4. Amended by P.L.2-1990, SEC.5; P.L.4-1997, SEC.1; P.L.76-2001, SEC.1; P.L.170-2002, SEC.2; P.L.114-2012, SEC.1; P.L.114-2016, SEC.1; P.L.238-2025, SEC.1.

Notes of Decisions

Cited in 37 cases (5 in the last 5 years), 1992–2025 · leading case: Bostic v. House of James, Inc., 784 N.E.2d 509 (Ind. Ct. App. 2003).

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Bostic v. House of James, Inc., 784 N.E.2d 509 (Ind. Ct. App. 2003). · cites it 8× “Ind.Code § 1-1-4-5(10) defines judgments as "all final orders, decrees, and determinations in an action and all orders upon which executions may issue.”

Fager v. Hundt, 610 N.E.2d 246 (Ind. 1993). · cites it 4× “Acts 244 , contemporaneous with the repeal of Ind.Code § 34-1-67-1 which had provided a substantially equivalent definition for “under legal disabilities,” and which defined "of unsound mind” to include “idiots, noncompotes (non compos mentis), lunatics and distracted persons.”

Naugle v. Beech Grove City Schs., 864 N.E.2d 1058 (Ind. 2007). · cites it 2× “Indiana Code section 1-1-4-5(17) extends the definition of a “person” to include “bodies politic and corporate.”

S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018). · cites it 6× “As relevant to that statute, our criminal code provisions, like Indiana Code Section 1-1-4-5, define "person" as "a human being, corporation, limited liability company, partnership, unincorporated association, or governmental entity.”

Charles R. Whitlock v. Steel Dynamics, Inc., 35 N.E.3d 265 (Ind. Ct. App. 2015). · cites it 6× “” Ind. Code § 1-1-4-5 (24) (emphasis added).”

Doe v. Shults-Lewis Child & Fam. Servs., Inc., 718 N.E.2d 738 (Ind. 1999). · cites it 2× “” Indiana Code § 1-1-4-5(21) (1992) defined "under legal disabilities” to include those persons "less than eighteen (18) years of age, mentally incompetent, or out of the United States.”

Berry v. Crawford, 990 N.E.2d 410 (Ind. 2013). · cites it 2× “” I.C. § 1-1-4-5(17). This is further evidence that the Wage Payment Statute applies to the Defendants.”

Gorgi Talevski v. Health & Hosp. Corporatio, 6 F.4th 713 (7th Cir. 2021). “” Ind. Code Ann. § 1-1-4-5 (12) & (24). Gorgi Talevski may be considered incapacitated under Indiana’s Constitu- tion because of his dementia.”

Konkle v. Henson, 672 N.E.2d 450 (Ind. Ct. App. 1996). “Cope § 1-1-4-5(21) (Supp.1992). 10 . - Konkle also cites Keane v.”

LaCava v. LaCava, 907 N.E.2d 154 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 1-1-4-5(24). Daniel turned eighteen on September 12, 1997, making his presumptive statute of limitations September 12, 1999.”

Trzeciak v. State Farm Fire & Cas. Co., 809 F. Supp. 2d 900 (N.D. Ind. 2011). · cites it 2× “Ind.Code § 1-1-4-5(24). Indiana law included imprisonment as a legal disability until 1982.”

Benton Cnty. Remonstrators v. Bd. of Zoning Appeals, 905 N.E.2d 1090 (Ind. Ct. App. 2009). · cites it 2× “" Indiana Code § 1-1-4-5 (2008). Our supreme court emphasized in Austin that verification need only substantially comply with Trial Rule 11(B).”

Show all 37 citing cases →

— Ind. Code § 1-1-4-5(1) — 1 case

Bailey v. City of Lawrence, 972 F.2d 1447 (7th Cir. 1992).

— Ind. Code § 1-1-4-5(10) — 2 cases

Bostic v. House of James, Inc., 784 N.E.2d 509 (Ind. Ct. App. 2003). “Ind.Code § 1-1-4-5(10) defines judgments as "all final orders, decrees, and determinations in an action and all orders upon which executions may issue.”

Fager v. Hundt, 610 N.E.2d 246 (Ind. 1993). “Acts 244 , contemporaneous with the repeal of Ind.Code § 34-1-67-1 which had provided a substantially equivalent definition for “under legal disabilities,” and which defined "of unsound mind” to include “idiots, noncompotes (non compos mentis), lunatics and distracted persons.”

— Ind. Code § 1-1-4-5(12) — 2 cases

Charles R. Whitlock v. Steel Dynamics, Inc., 35 N.E.3d 265 (Ind. Ct. App. 2015). “” Ind. Code § 1-1-4-5 (24) (emphasis added).”

Hurt v. West Lafayette Cmty. Sch. Corp., 450 F. Supp. 2d 900 (N.D. Ind. 2006).

— Ind. Code § 1-1-4-5(17) — 5 cases

Naugle v. Beech Grove City Schs., 864 N.E.2d 1058 (Ind. 2007). “Indiana Code section 1-1-4-5(17) extends the definition of a “person” to include “bodies politic and corporate.”

Berry v. Crawford, 990 N.E.2d 410 (Ind. 2013). “” I.C. § 1-1-4-5(17). This is further evidence that the Wage Payment Statute applies to the Defendants.”

Hendricks Cnty., Indiana v. Gwyn L. Green, 120 N.E.3d 1118 (Ind. Ct. App. 2019).

Naugle v. Beech Grove City Schs., 840 N.E.2d 854 (Ind. Ct. App. 2006).

Tim Berry, Auditor of State M. Caroline Spotts, Principal Clerk of the House of Representatives & The State of Indiana/ Brian C. Bosma, Speaker v. William Crawford (Ind. 2013).

— Ind. Code § 1-1-4-5(21) — 6 cases

Doe v. Shults-Lewis Child & Fam. Servs., Inc., 718 N.E.2d 738 (Ind. 1999). “” Indiana Code § 1-1-4-5(21) (1992) defined "under legal disabilities” to include those persons "less than eighteen (18) years of age, mentally incompetent, or out of the United States.”

Konkle v. Henson, 672 N.E.2d 450 (Ind. Ct. App. 1996). “Cope § 1-1-4-5(21) (Supp.1992). 10 . - Konkle also cites Keane v.”

Doe v. Roe No. 1, & Roe No. 2, 52 F.3d 151 (7th Cir. 1995).

Diaz v. Carpenter, 650 N.E.2d 688 (Ind. Ct. App. 1995).

— Ind. Code § 1-1-4-5(24) — 2 cases

LaCava v. LaCava, 907 N.E.2d 154 (Ind. Ct. App. 2009). “Ind.Code § 1-1-4-5(24). Daniel turned eighteen on September 12, 1997, making his presumptive statute of limitations September 12, 1999.”

Trzeciak v. State Farm Fire & Cas. Co., 809 F. Supp. 2d 900 (N.D. Ind. 2011). “Ind.Code § 1-1-4-5(24). Indiana law included imprisonment as a legal disability until 1982.”

— Ind. Code § 1-1-4-5(6) — 1 case

Gourley v. L.Y., 657 N.E.2d 448 (Ind. Ct. App. 1995).

— Ind. Code § 1-1-4-5(a) — 2 cases

S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018). “As relevant to that statute, our criminal code provisions, like Indiana Code Section 1-1-4-5, define "person" as "a human being, corporation, limited liability company, partnership, unincorporated association, or governmental entity.”

Rainbow Realty Grp., Inc. v. Katrina Carter & Quentin Lintner (Ind. 2019).

— Ind. Code § 1-1-4-5(a)(12) — 1 case

Cox v. Doe 1 (N.D. Ind. 2023).

— Ind. Code § 1-1-4-5(a)(17) — 1 case

— Ind. Code § 1-1-4-5(a)(24) — 1 case

Cox v. Doe 1 (N.D. Ind. 2023).

— Ind. Code § 1-1-4-5(a)(6) — 1 case

Indiana State Health Comm'r v. Caitlin Bernard, M.D. (Ind. Ct. App. 2025).

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