Indiana Code

Ind. Code § 35-41-1-25 (2026)

Repealed

✓ current as of May 2026
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As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997, SEC.1. Repealed by P.L.114-2012, SEC.129.

 

Notes of Decisions
Cited in 73 cases, 1985–2019 · leading case: Hand v. State, 863 N.E.2d 386 (Ind. Ct. App. 2007).
Hand v. State, 863 N.E.2d 386 (Ind. Ct. App. 2007). · cites it 6× “” Ind.Code § 35-41-1-25. Whether bodily injury is “serious” is a question of degree and, therefore, appropriately reserved for the finder of fact.”
Wilcher v. State, 771 N.E.2d 113 (Ind. Ct. App. 2002). · cites it 8× “The Court held that this evidence alone was sufficient to support a finding that the victim had sustained an injury which created a substantial risk of death within the purview of Indiana Code § 35-41-1-25, defining serious bodily injury.”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009). · cites it 3× “§ 35-41-1-25. When examining these statutes along with the charging information, the amount of time that Peoples was in pain from the *634 injury that Kimbrough inflicted with the table leg was relevant as to whether that object constituted a deadly weapon.”
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). · cites it 4× “Ind.Code Ann. § 35-41-1-25(3) (West, PREMISE through 2007 1st Regular Sess.”
Davis v. State, 835 N.E.2d 1102 (Ind. Ct. App. 2005). · cites it 2× “"Serious bodily injury" means "bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss, impairment of the function of a bodily member or organ, or loss of a fetus.”
Broome v. State, 687 N.E.2d 590 (Ind. Ct. App. 1997). · cites it 2× “” Ind.Code § 35-41-1-25. 6 . " 'Forcible felony’ means a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.”
Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012). · cites it 2× “Ind.Code § 35-41-1-25. The question of whether a weapon is “deadly” is determined from a description of the weapon, the manner of its use, and the circumstances of the case.”
Curry v. State, 740 N.E.2d 162 (Ind. Ct. App. 2000). · cites it 6× “" Ind.Code § 35-41-1-25. [6] Ind.Code § 35-43-2-1.”
Buckner v. State, 857 N.E.2d 1011 (Ind. Ct. App. 2006). · cites it 2× “Additionally, Indiana Code section 35-41-1-25 defines "serious bodily injury" as (1) serious permanent disfigurement; (2) unconsciousness; (8) extreme pain; (4) permanent or protracted loss or impairment of the function of a bodily member or organ; or (5) loss of a fetus.”
Hurst v. State, 890 N.E.2d 88 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code Ann. § 35-41-1-25 (West 2004). “[Wjhether bodily injury is ‘serious’ has been held to be a matter of degree and therefore a question reserved for the factfinder.”
Isaacs v. State, 673 N.E.2d 757 (Ind. 1996). · cites it 2× “Ind.Code § 35-41-1-25 (1988). Freddie testified that he was knocked unconscious after Isaacs hit him with something hard.”
Simpson v. State, 915 N.E.2d 511 (Ind. Ct. App. 2009). · cites it 2× “Indiana Code Section 35-41-1-25 defines "serious bodily injury" in pertinent part as "bodily injury that creates a substantial risk of death or that causes: (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme pain; [or] (4) permanent or protracted loss or…”
— Ind. Code § 35-41-1-25(3) — 3 cases
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). “Ind.Code Ann. § 35-41-1-25(3) (West, PREMISE through 2007 1st Regular Sess.”
Toney v. State, 961 N.E.2d 57 (Ind. Ct. App. 2012).
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