Indiana Code
Ind. Code § 35-36-9-2 (2026)
Individual with an intellectual disability
✓ current as of May 2026
Sec. 2. As used in this chapter, "individual with an intellectual disability" means an individual who, before becoming twenty-two (22) years of age, manifests:
(1) significantly subaverage intellectual functioning; and
(2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.201; P.L.117-2015, SEC.48.
Notes of Decisions
Cited in 32
cases (3 in the last 5 years), 1996–2025 · leading case: Pruitt v. State, 834 N.E.2d 90 (Ind. 2005).
Pruitt v. State, 834 N.E.2d 90 (Ind. 2005). “" Indiana Code section 35-36-9-2 defines a "mentally retarded individual" as: [A]n individual who, before becoming twenty-two (22) years of age, manifests: (1) significantly subaverage intellectual functioning; and (2) substantial impairment of adaptive behavior; that is…”
Pruitt v. State, 903 N.E.2d 899 (Ind. 2009). “" Ind. Code § 35-36-9-2 (Supp.2007) (emphasis added).”
Rogers v. State, 698 N.E.2d 1172 (Ind. 1998). “Discussion Defendant presents for our consideration two issues: (1) whether the clear and convincing standard of proof required by Ind. Code § 35-36-9-4 for a showing of mental retardation violates due process; and (2) whether the trial court erred in finding defendant not to be…”
Rondon v. State, 711 N.E.2d 506 (Ind. 1999). “Under Indiana Code section 35-36-9-2 (1998), “ ‘mentally retarded individual’ means an individual who, before becoming twenty-two (22) years of age, manifests: (l)[s]ignificantly subaverage intellectual functioning; and (2)[s]ubstantial impairment of adaptive functioning; that…”
Overstreet v. State, 877 N.E.2d 144 (Ind. 2007). “Code § 35-36-1-1 (1981) (definitions of "insanity" and "mentally ill"), Ind.Code § 35-36-9-2 (last amended in 2007) (definition of "mentally retarded individual").”
Miller v. State, 770 N.E.2d 763 (Ind. 2002). “" Ind.Code § 35-36-9-2. After a hearing and consideration of the opinions of several expert witnesses, the trial court found that significant subaverage intellectual functioning "equates with an IQ of approximately 70 to 75 or below.”
Michael T. Shoun v. State of Indiana, 67 N.E.3d 635 (Ind. 2017). “Code section 35-36-9-2 “individual with an intellectual disability” means an individual “who, before becoming twenty-two (22) years of age, manifests: (1) significantly subaverage intellectual functioning; and (2) substantial impairment of adaptive behavior; that is documented…”
Atkins v. Virginia, 536 U.S. 304 (2002). “030 ; Ind. Code §§35-36-9-2 through 35-36-9-6; Kan.”
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005). “725, § 5/114-15(d) (IQ of 75 or below presumptive evidence of mental retardation).”
State v. McManus, 868 N.E.2d 778 (Ind. 2007). “) Indiana Code § 35-36-9-2 defines "mentally retarded individual" as one who manifests (1) significantly subaverage intellectual functioning, and (2) substantial impairment of adaptive behavior before the age of twenty-two.”
Smith v. Schriro, 813 F.3d 1175 (9th Cir. 2016). “3 Indiana Ind. Code § 35-36-9-2 ; Pruitt v. State, 834 N.”
Baer v. State, 942 N.E.2d 80 (Ind. 2011). “McManus, this Court restated what qualifies as “significantly subaverage intellectual functioning” under Ind.Code § 35-36-9-2: “a person is con *110 sidered to meet the subaverage intellectual functioning component if the person’s full-scale IQ test score is two standard…”
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