Indiana Code

Ind. Code § 35-42-2-3 (2026)

Provocation

✓ current as of May 2026
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     Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction.

As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.32; P.L.158-2013, SEC.425.

 

Notes of Decisions
Cited in 4 cases, 1982–2017 · leading case: Price v. State, 622 N.E.2d 954 (Ind. 1993).
Price v. State, 622 N.E.2d 954 (Ind. 1993). · cites it 4× “The State thus adds nothing to its case by attaching the labels "obscene" or "fighting words" to Price's speech.”
Fields v. State, 888 N.E.2d 304 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code § 35-42-2-3. 7 . The record does not reflect which statute the State relied on when charging this infraction.”
Evans v. State, 434 N.E.2d 940 (Ind. Ct. App. 1982). “Cheryl Evans (Evans) was convicted of a class C infraction, provocation, Ind.Code 35-42-2-3, before a bench trial in Monroe County.”
Alan Ruiz v. State of Indiana (Ind. Ct. App. 2017). “§ 35-42-2-3 (West 1986), should have been charged.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.