Indiana Code

Ind. Code § 35-44.1-3-2 (2025)

Disarming a law enforcement officer

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 2. (a) As used in this section, "officer" includes the following:

(1) A person employed by:

(A) the department of correction;

(B) a law enforcement agency;

(C) a probation department;

(D) a county jail; or

(E) a circuit, superior, county, probate, city, or town court;

who is required to carry a firearm in performance of the person's official duties.

(2) A law enforcement officer.

     (b) A person who:

(1) knows that another person is an officer; and

(2) knowingly or intentionally takes or attempts to take a firearm (as defined in IC 35-47-1-5) or weapon that the officer is authorized to carry from the officer or from the immediate proximity of the officer:

(A) without the consent of the officer; and

(B) while the officer is engaged in the performance of the officer's official duties;

commits disarming a law enforcement officer, a Level 5 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to a law enforcement officer, and the offense is a Level 1 felony if it results in death to a law enforcement officer.

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.510.

 

Notes of Decisions
Cited in 3 cases, 2012–2017 · leading case: Arbie Clay, Jr. v. State of Indiana (mem. dec.), No. 34A04-1702-CR-282 (Ind. Ct. App. July 19, 2017).
Arbie Clay, Jr. v. State of Indiana (mem. dec.), No. 34A04-1702-CR-282 (Ind. Ct. App. July 19, 2017). · cites it 2× “C. § 35-42-2-1(d)(2). Court of Appeals of Indiana | Memorandum Decision 34A04-1702-CR-282 | July 19, 2017 Page 2 of 10 Facts and Procedural History [4] On the evening of April 20, 2016, Clay drove to the Handle Bar, a bar in Kokomo.”
Vincent J. Castaneda v. State of Indiana, No. 02A03-1310-CR-416 (Ind. Ct. App. Mar. 13, 2014). · cites it 2× “See I.C. § 35-44.1-3-2. Castaneda disputes the sufficiency of the evidence supporting two of these elements.”
Ivan Calderon v. State of Indiana, No. 49A04-1202-CR-88 (Ind. Ct. App. Nov. 20, 2012). · cites it 2× “We note that this section was repealed by Public Law 126-2012, section 53 , effective July 1, 2012, and it can now be found at Indiana Code section 35-44.1-3-2. 2 See Ind. Code § 35-47-4-3 .”
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