Indiana Code

Ind. Code § 35-41-1-2 (2026)

Repealed

✓ current as of May 2026
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As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.2; Acts 1978, P.L.144, SEC.2; Acts 1982, P.L.204, SEC.33. Repealed by P.L.311-1983, SEC.49.

 

Notes of Decisions
Cited in 79 cases, 1978–2017 · leading case: Roddy v. State, 394 N.E.2d 1098 (Ind. Ct. App. 1979).
Roddy v. State, 394 N.E.2d 1098 (Ind. Ct. App. 1979). · cites it 8× “"Deadly Weapon" is defined in the new Penal Code in Ind. Code Ann. § 35-41-1-2 (West 1978), but the use of a deadly weapon in the commission or attempted commission of a felony is, under the new Penal Code, treated within the confines of the particular statute which defines the…”
Jones v. State, 438 N.E.2d 972 (Ind. 1982). · cites it 8× “See Ind. Code § 35-41-1-2 (Burns 1979). For purposes of brevity, suffice it to say that two types of included offenses are found in our case law.”
Elmer J. Bailey v. State of Indiana, 979 N.E.2d 133 (Ind. 2012). · cites it 2× “1980) (“With the above statutory construction guidelines in mind, we emphasize that Ind. Code § 35-41-1-2 , supra, defining bodily injury, uses the language 'any physical impairment.”
State v. McGraw, 480 N.E.2d 552 (Ind. 1985). · cites it 6× “The Court of Appeals focused upon Defendant's unauthorized use of the computer for monetary gain and upon the definition of "property" as used in the statute and as defined by Ind. Code § 35-41-1-2 (Burns 1979 Repl.), which we may assume, arguendo, includes the "use" of a…”
Payne v. State, 484 N.E.2d 16 (Ind. 1985). · cites it 4× “"Bodily injury" is defined by Ind.Code § 35-41-1-2 (Burns 1979 Repl.) as "any impairment of physical condition, including physical pain.”
Hanic v. State, 406 N.E.2d 335 (Ind. Ct. App. 1980). · cites it 4× “1979): “A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a class B misdemeanor.”
Bailey v. State, 472 N.E.2d 1260 (Ind. 1985). · cites it 2× “) Thus the jury was in fact instructed as to the element of the extent of the injury sustained by the non-victim.”
Rowan v. State, 431 N.E.2d 805 (Ind. 1982). · cites it 2× “” Ind.Code § 35-41-1-2 (Burns 1979). A human being means “an individual who has been born and is alive.”
Carty v. State, 421 N.E.2d 1151 (Ind. Ct. App. 1981). · cites it 4× “Whether the evidence was sufficient to sustain the conviction since the victim did not suffer a “bodily injury” within the meaning of Ind. Code 35-41-1-2; II.Whether the evidence was sufficient to sustain the conviction since Special Deputy Pupilli was not a law enforcement…”
Dixon v. State, 425 N.E.2d 673 (Ind. Ct. App. 1981). · cites it 4× “Clearly, deviate sexual conduct and sexual intercourse are two different acts, Ind. Code 35-41-1-2; thus, this section of our child molesting statute, Ind.”
Griffin v. State, 415 N.E.2d 60 (Ind. 1981). · cites it 2× “” § 35-41-1-2 further defines “person” in the following fashion: “ ‘Person’ means a human being, corporation, partnership, unincorporated association, or governmental entity.”
Rogers v. State, 396 N.E.2d 348 (Ind. 1979). · cites it 2× “Ind.Code § 35-41-1-2 (1978) provides in relevant part, “ ‘Bodily injury’ means any impairment of physical condition, including physical pain.”
— Ind. Code § 35-41-1-2(3) — 1 case
Johnson v. State, 435 N.E.2d 242 (Ind. 1982).
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