Indiana Code

Ind. Code § 34-51-2-10 (2026)

Intentional torts; full recovery of damages from convicted defendant

✓ current as of May 2026
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     Sec. 10. In the case of an intentional tort, the plaintiff may recover one hundred percent (100%) of the compensatory damages in a civil action for intentional tort from a defendant who was convicted after a prosecution based on the same evidence.

[Pre-1998 Recodification Citation: 34-4-33-5(d).]

As added by P.L.1-1998, SEC.47.

 

Notes of Decisions
Cited in 4 cases, 2012–2012 · leading case: Cody Dallas v. Brandon Cessna, 968 N.E.2d 291 (Ind. Ct. App. 2012).
Cody Dallas v. Brandon Cessna, 968 N.E.2d 291 (Ind. Ct. App. 2012). · cites it 6× “I.C. § 34-51-2-10. Here, the trial court used the same evidence to find Dallas civilly liable for Cessna’s damages as the State presented to prosecute and convict Dallas for Cessna’s assault.”
Kathy Inman v. State Farm Mut. Auto. Ins. Co., 981 N.E.2d 1202 (Ind. 2012). · cites it 2× “” (emphasis added)); Ind.Code § 34-51-2-10 (allowing a plaintiff to recover compensatory damages in a “civil action for intentional tort ” from a defendant “convicted after a prosecution based on the same evidence” (emphasis added)).”
Santelli v. Rahmatullah, 966 N.E.2d 661 (Ind. Ct. App. 2012). · cites it 2× “I.C. § 34-51-2-10 (West, Westlaw current through 2011 1st Reg.”
Mary E. Santelli, as Adm'r of the Est. of James F. Santelli v. Abu M. Rahmatullah, Individually & d/b/a Super 8 Motel (Ind. Ct. App. 2012). · cites it 2× “I.C. § 34-51-2-10 (West, Westlaw current through 2011 1st Reg.”
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