Indiana Code
Ind. Code § 35-42-1-5 (2026)
Reckless homicide
✓ current as of May 2026
Sec. 5. A person who recklessly kills another human being commits reckless homicide, a Level 5 felony.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.29; Acts 1980, P.L.83, SEC.6; P.L.158-2013, SEC.415.
Notes of Decisions
Cited in 153
cases (7 in the last 5 years), 1979–2025 · leading case: Wright v. State, 658 N.E.2d 563 (Ind. 1995).
Wright v. State, 658 N.E.2d 563 (Ind. 1995). “Indiana Code § 35-42-1-5 (1993) defines Reckless Homicide and provides: "A person who recklessly kills another human being commits reckless homicide, a Class C felony.”
Kendall Johnson v. State of Indiana, 986 N.E.2d 852 (Ind. Ct. App. 2013). “” Compare Ind.Code § 35-42-1-5, with I.C. § 35-42-1-1(1).”
James D. Foutch v. State of Indiana, 53 N.E.3d 577 (Ind. Ct. App. 2016). “Foutch (Foutch), appeals his sentence following his conviction for reckless homicide, a Class C felony, Ind.Code § 35-42-1-5 (2013); and criminal recklessness inflicting serious bodily injury, a Class D felony, I.”
Sanders v. State, 704 N.E.2d 119 (Ind. 1999). “Sanders’ Reckless Homicide Instruction At both trials, Sanders tendered a reckless homicide instruction as an alternative choice for the jury on the murder charge. A comparison of the murder and reckless homicide statutes indicates that the only element that distinguishes the…”
McElroy v. State, 865 N.E.2d 584 (Ind. 2007). “The State charged McElroy with two counts of reckless homicide, Class C felonies, see Ind.Code § 35-42-1-5, for the deaths of Turner and Webster and one count of criminal recklessness, a Class D felony, see I.”
Barber v. State, 863 N.E.2d 1199 (Ind. Ct. App. 2007). “Indiana Code § 35-42-1-5 provides that “[a] person who recklessly kills another human being commits reckless homicide, a class C felony.”
Ellis v. State, 736 N.E.2d 731 (Ind. 2000). “" Indiana Code § 35-42-1-5 states "[a] person who recklessly kills another human being commits reckless homicide.”
Webb v. State, 963 N.E.2d 1103 (Ind. 2012). “" Compare Ind.Code § 35-42-1-5, with I.C. § 35-42-1-1(1).”
Butler v. State, 658 N.E.2d 72 (Ind. 1995). “[2] Ind.Code Ann. § 35-42-1-5 (West 1986). [3] Ind.”
Moody v. State, 749 N.E.2d 65 (Ind. Ct. App. 2001). “" Ind.Code § 35-42-1-5 provides: "A person who recklessly kills another human being commits reckless homicide, a Class C felony.”
Clark v. State, 915 N.E.2d 126 (Ind. 2009). “See Ind.Code § 35-42-1-5(2008). Clark contends the prosecutor engaged in misconduct by arguing to the jury that the lesser included offense of reckless homicide was more intended for deaths resulting from reckless driving.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). “§ 45-2-101); Ind.Code § 35-42-1-5 (offense of "involuntary manslaughter" requires more than negligence even when defendant intoxicated as interpreted by Demmond v.”
— Ind. Code § 35-42-1-5(2008) — 1 case
Clark v. State, 915 N.E.2d 126 (Ind. 2009). “See Ind.Code § 35-42-1-5(2008). Clark contends the prosecutor engaged in misconduct by arguing to the jury that the lesser included offense of reckless homicide was more intended for deaths resulting from reckless driving.”
— Ind. Code § 35-42-1-5(b) — 1 case
Michael Philip Atkinson v. State of Indiana (Ind. Ct. App. 2020).
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