Ind. Code » Title 35
Indiana Code

Ind. Code § 35-45-10-1 (2026)

"Stalk" defined

✓ current as of May 2026
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     Sec. 1. As used in this chapter, "stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.

As added by P.L.242-1993, SEC.4.

 

Notes of Decisions
Cited in 104 cases (7 in the last 5 years), 1997–2025 · leading case: Nicholson v. State, 963 N.E.2d 1096 (Ind. 2012).
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Nicholson v. State, 963 N.E.2d 1096 (Ind. 2012). · cites it 5× “” I.C. § 35-45-10-1. This statutory construction would place Indiana squarely in the middle of the majority of the states.”
Steven M. Sandleben v. State of Indiana, 29 N.E.3d 126 (Ind. Ct. App. 2015). · cites it 4× “See Ind.Code § 35-45-10-1 (1993). Stalking does not include statutorily or constitutionally protected activity.”
VanHorn v. State, 889 N.E.2d 908 (Ind. Ct. App. 2008). · cites it 8× “See Ind. Code § 35-45-10-1 (defining "stalk").”
Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010). · cites it 4× “" Ind.Code § 35-45-10-1. 5 . See, e.g., Ind.”
Joshua Perry Cruse v. C.C., 58 N.E.3d 974 (Ind. Ct. App. 2016). · cites it 15× “” Ind. Code § 35-45-10-1 . “Harassment” means “conduct directed toward a victim that includes but is not limited to repeated or Court of Appeals of Indiana | Opinion 41A01-1512-PO-2345 | August 19, 2016 Page 3 of 12 continuing impermissible contact that would cause a reasonable…”
C.V. v. C.R., 64 N.E.3d 850 (Ind. Ct. App. 2016). · cites it 4× “2013) (quoting I.C. § 35-45-10-1) (emphasis added). [14] Here, C.”
C.S. v. T.K., 118 N.E.3d 78 (Ind. Ct. App. 2019). · cites it 8× “" Ind. Code § 35-45-10-1 ; Ind. Code § 34-6-2-34 .”
Smith v. State, 802 N.E.2d 948 (Ind. Ct. App. 2004). · cites it 4× “" Ind.Code § 35-45-10-1. "Harassment" means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional…”
John A. Fox v. Tracy Bonam & Doug Bonam, 45 N.E.3d 794 (Ind. Ct. App. 2015). · cites it 4× “Indiana Code Section 35-45-10-1: “a knowing or an intentional course of conduct involving repeated or continuing harassment of, another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to…”
Simms v. State, 791 N.E.2d 225 (Ind. Ct. App. 2003). · cites it 4× “See I.C. §§ 35-45-10-1 through -3 and 35-45-10-5.”
Eberle v. State, 942 N.E.2d 848 (Ind. Ct. App. 2011). · cites it 4× “Indiana Code section 35-45-10-1 defines the term "stalk" as "a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that…”
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006). · cites it 4× “" Ind.Code § 35-45-10-1. Stalking is generally a Class D felony, but is elevated to a Class C felony if the defendant stalks the victim and makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of sexual battery, seriously bodily injury,…”
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