Sec. 1. As used in this chapter:
"Dependent" means:
(1) an unemancipated person who is under eighteen (18) years of
age; or
(2) a person of any age who has a mental or physical disability.
"Endangered adult" has the meaning set forth in IC 12-10-3-2.
"Support" means food, clothing, shelter, or medical care.
"Tobacco and vaping business" means a sole proprietorship,
partnership, or other enterprise in which:
(1) the primary activity is the sale of:
(A) e-liquids;
(B) e-liquid accessories;
(C) electronic cigarettes;
(D) tobacco;
(E) tobacco products;
(F) tobacco accessories; or
(G) any combination of the products listed in clauses (A)
through (F); and
(2) the sale of other products is incidental.
"Tobacco business" means a sole proprietorship, corporation,
partnership, or other enterprise in which:
(1) the primary activity is the sale of tobacco, tobacco products,
and tobacco accessories; and
(2) the sale of other products is incidental.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts
1977, P.L.340, SEC.84; P.L.185-1984, SEC.2; P.L.208-1986, SEC.1;
P.L.41-1987, SEC.19; P.L.2-1992, SEC.881; P.L.256-1996, SEC.10;
P.L.99-2007, SEC.210; P.L.49-2020, SEC.28.
Notes of Decisions
Cited in
37
cases (
4 in the last 5 years), 1984–2024 · leading case:
Sanquenetti v. State, 917 N.E.2d 1287 (Ind. Ct. App. 2009).
Sanquenetti v. State, 917 N.E.2d 1287 (Ind. Ct. App. 2009).
· cites it 12× “" Ind.Code § 35-46-1-1. [5] In other words, the failure to pay child support to a child eighteen years of age or older does not constitute a crime under Indiana Code Section 35-46-1-5.”
Davis v. State, 476 N.E.2d 127 (Ind. Ct. App. 1985).
· cites it 4× “[16] We express no opinion on whether Reed's conduct after Baby Lucky was found constituted Nonsupport of a Dependent Child under Ind. Code Ann. § 35-46-1-5 . Support is defined in Ind.”
Nybo v. State, 799 N.E.2d 1146 (Ind. Ct. App. 2003).
· cites it 4× “Ind.Code § 35-46-1-1. However, we are concerned with the overall tenor of the trial court's statements concerning Lacie's sentence.”
Lush v. State, 783 N.E.2d 1191 (Ind. Ct. App. 2003).
· cites it 2× “A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally deprives the dependent of necessary support commits neglect of a dependent, a Class D felony.”
Bean v. State, 460 N.E.2d 936 (Ind. 1984).
· cites it 2× “" Ind.Code § 35-46-1-1 (Burns Repl.1979). There is no requirement in Ind.”
Herron v. State, 729 N.E.2d 1008 (Ind. Ct. App. 2000).
· cites it 2× “” Ind. Code § 35-46-1-1 (1998). Responding to this question of first impression in Indiana, we must hold that Indiana’s criminal statutory definition of dependent does not include an unborn child.”
Geans v. State, 623 N.E.2d 435 (Ind. Ct. App. 1993).
· cites it 2× “Rather, Ind.Code § 35-46-1-1 clearly dictates " 'support' means food, clothing, shelter, or medical care.”
Coltan A. Perryman v. State of Indiana, 80 N.E.3d 234 (Ind. Ct. App. 2017).
“C, § 35-46-1-1 (defining “support”). However, both the State’s charging instrument and the trial court’s final jury instructions referred only to endangerment under Subsection (a)(1).”
Porter v. State, 935 N.E.2d 1228 (Ind. Ct. App. 2010).
· cites it 2× “" Ind. Code § 35-46-1-1 . Thus, the fact that a parent owes a substantial amount of child support is not necessarily dispositive in determining eriminal liability.”
Tanesha McGowan v. State of Indiana, 89 N.E.3d 424 (Ind. Ct. App. 2017).
· cites it 2× “3 Ind. Code § 35-46-1-1 defines "[d]ependent" as "(1) an unemancipated person who is under eighteen (18) years of age; or (2) a person of any age who has a mental or physical disability.”
Edwards v. State, 842 N.E.2d 849 (Ind. Ct. App. 2006).
· cites it 2× “Additionally, Indiana Code section 35-46-1-1 defines a "dependent" as "an unemancipated person who is under eighteen years of age.”
Kile v. State, 729 N.E.2d 211 (Ind. Ct. App. 2000).
· cites it 2× “” Ind.Code § 35-46-1-1 (1998). Therefore, Kile argues, the age of the victim is an element of the crime and cannot be used as an aggravating factor.”
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