Sec. 5. (a) A person not standing in the relation of
parent, child, or spouse to another person who has committed a crime
or is a fugitive from justice who, with intent to hinder the apprehension
or punishment of the other person, harbors, conceals, or otherwise
assists the person commits assisting a criminal, a Class A
misdemeanor. However, the offense is:
(1) a Level 6 felony, if:
(A) the person assisted has committed a Class B, Class C, or
Class D felony before July 1, 2014, or a Level 3, Level 4, Level
5, or Level 6 felony after June 30, 2014; or
(B) the person or the person assisted is a member of a criminal
organization; and
(2) a Level 5 felony, if the person assisted has committed murder
or has committed a Class A felony before July 1, 2014, or a Level
1 or Level 2 felony after June 30, 2014, or if the assistance was
providing a deadly weapon.
(b) It is not a defense to a prosecution under this section that the
person assisted:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense by reason of insanity.
However, the acquittal of the person assisted for other reasons may be
a defense.
As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013,
SEC.504; P.L.25-2016, SEC.20.
Notes of Decisions
Dylan L. Burton v. State of Indiana (Ind. Ct. App. 2026).
· cites it 4× “On appeal, he argues the evidence was insufficient to support his conviction because the State failed to prove the person he assisted was a “fugitive from justice” under the assisting a criminal statute, Indiana Code section 35-44.1-2-5(a). The single issue on appeal is whether…”
Chase E. Mourey, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
· cites it 2× “[14] Indiana Code section 35-44.1-2-5, criminalizing assisting a criminal, provides in relevant part: (a) A person not standing in the relation of parent, child, or spouse to another person who has committed a crime or is a fugitive from justice who, with intent to hinder the…”
Takisha Monique Jacobs v. State of Indiana (Ind. Ct. App. 2020).
· cites it 2× “[8] Jacobs was charged with and convicted of level 5 felony assisting a criminal, which is defined in Indiana Code Section 35-44.1-2-5 as follows: (a) A person not standing in the relation of parent, child, or spouse to another person who has committed a crime or is a fugitive…”
Ajaylan M Shabazz v. State of Indiana (Ind. Ct. App. 2025).
· cites it 2× “I.C. § 35-44.1-2-5(a)(2). Clearly, someone may knowingly or intentionally kill another human being without assisting a person in avoiding detention or arrest.”
Jonathan Gray v. State of Indiana (Ind. Ct. App. 2014).
· cites it 2× “In particular, Gray points to several remarks made by the prosecutor during his opening statement and closing argument, as well as to the prosecutor’s repeated characterization of the matter as a “murder trial.” (Appellant’s Br.”
T.S. v.State of Indiana, 32 N.E.3d 780 (Ind. Ct. App. 2015).
· cites it 2× “Specifically, Smith argued that because the State accepted Lampley’s guilty plea under Indiana Code section 35-44-3-2 (now Indiana Code section 35-44.1-2-5), which has been interpreted to apply to people who did not actively participate in the crime itself but who assisted a…”
Ind. Code § 35-44.1-2-5(a): 1 case
Dylan L. Burton v. State of Indiana (Ind. Ct. App. 2026).
“On appeal, he argues the evidence was insufficient to support his conviction because the State failed to prove the person he assisted was a “fugitive from justice” under the assisting a criminal statute, Indiana Code section 35-44.1-2-5(a). The single issue on appeal is whether…”
Ind. Code § 35-44.1-2-5(a)(2): 1 case
Ajaylan M Shabazz v. State of Indiana (Ind. Ct. App. 2025).
“I.C. § 35-44.1-2-5(a)(2). Clearly, someone may knowingly or intentionally kill another human being without assisting a person in avoiding detention or arrest.”
Ind. Code § 35-44.1-2-5(a)(l): 1 case
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