Sec. 4. (a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal obligation, who
knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Level 6 felony.
(b) However, the offense is:
(1) a Level 5 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating IC 35-48-4-1 (dealing in cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in methamphetamine), or IC 35-48-4-1.2 (manufacturing methamphetamine); or
(ii) the result of a violation of IC 35-48-4-1 (dealing in
cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in
methamphetamine), or IC 35-48-4-1.2 (manufacturing
methamphetamine);
(2) a Level 3 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Level 1 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) by a person at least eighteen (18) years of age and
results in the death or catastrophic injury of a dependent who is
less than fourteen (14) years of age or in the death or catastrophic
injury of a dependent of any age who has a mental or physical
disability; and
(4) a Level 5 felony if it is committed under subsection (a)(2) and
consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary
facilities;
(B) consists of confinement in an area not intended for human
habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord, tape,
or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age:
(A) in a newborn safety device described in IC 31-34-2.5-1(a)(2), IC 31-34-2.5-1(a)(3), IC 31-34-2.5-1(a)(4),
or IC 31-34-2.5-1(a)(5); or
(B) with a person who is an emergency medical services
provider (as defined in IC 16-41-10-1) who took custody of the
child under IC 31-34-2.5;
when the prosecution is based solely on the alleged act of leaving
the child in the newborn safety device or with the emergency
medical services provider and the alleged act did not result in
bodily injury or serious bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
or IC 31-6-5 before their repeal); or
(2) under section 9(d) of this chapter;
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Level 6 felony.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts
1977, P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980,
P.L.208, SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301,
SEC.3; P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000,
SEC.10; P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007,
SEC.1; P.L.109-2007, SEC.1; P.L.6-2012, SEC.227; P.L.193-2013,
SEC.6; P.L.158-2013, SEC.550; P.L.168-2014, SEC.85; P.L.113-2017,
SEC.14; P.L.183-2017, SEC.58; P.L.263-2017, SEC.3; P.L.252-2017,
SEC.17; P.L.205-2018, SEC.13; P.L.184-2019, SEC.13; P.L.170-2021,
SEC.4.
Notes of Decisions
Cited in
263
cases (
21 in the last 5 years), 1980–2026 · leading case:
Davis v. State, 476 N.E.2d 127 (Ind. Ct. App. 1985).
Davis v. State, 476 N.E.2d 127 (Ind. Ct. App. 1985).
· cites it 37× “Defendants Reed Davis and Mary Davis (Davises) appeal their convictions for neglect of a dependent, Ind. Code Ann. § 35-46-1-4 (Burns 1979), [1] a class D felony.”
Poling v. State, 853 N.E.2d 1270 (Ind. Ct. App. 2006).
· cites it 24× “Whether Poling’s convictions for six neglect offenses violate the Indiana Constitution’s prohibition against double jeopardy. Facts and Procedural History In October 2004, Poling moved into the Marion home of his girlfriend, Nancy Mullins, and her four children — ten-year-old P.”
Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008).
· cites it 2× “Cardwell was charged with two counts of neglect of a dependent as a Class B felony under Indiana Code section 35-46-1-4. The first charge alleged that Cardwell, knowingly or intentionally placed S.”
Engelica E. Castillo v. State of Indiana, 974 N.E.2d 458 (Ind. 2012).
· cites it 4× “On June 26, 2009, the State charged the defendant and Tkachik each with (1) Murder, a felony under Indiana Code Section 35-42-1-1, (2) two counts of Neglect of a Dependent as a class A felony under Indiana Code Section 35-46-1-4, (3) Battery as a class A felony under Indi- ana…”
Matter of Lawrance, 579 N.E.2d 32 (Ind. 1991).
· cites it 4× “Additionally, Indiana Code § 35-46-1-4 (West 1986) establishes the neglect of a dependent as a felony; Indiana Code §§ 4-28-5-1 to -13 (West 1991) creates an adult protective services unit; and Indiana Code § 31-6-11-10 (West Supp.”
Lush v. State, 783 N.E.2d 1191 (Ind. Ct. App. 2003).
· cites it 6× “Ind.Code § 35-46-1-4(a)(8). "Support," as it relates to the neglect of a dependent, is defined as food, clothing, shelter, or medical care.”
Elmer J. Bailey v. State of Indiana, 979 N.E.2d 133 (Ind. 2012).
· cites it 2× “1-3-1 (2012) (enhancement to resisting law enforcement), -3-4 (2012) (enhancement to escape), -4-7 (2012) (enhancement to misleading a firefighter), and Ind.Code § 35-46-1-4 (2008) (enhancement to neglect of a dependent).”
State v. Downey, 476 N.E.2d 121 (Ind. 1985).
· cites it 4× “Appel-lees, Robert, Ora and Nona Downey, were charged with neglect of a dependent, a class D felony, Ind.Code § 35-46-1-4(a)(1). Appellees moved to dismiss the indictment on the grounds that the section of the statute it was based upon was unconstitutionally vague.”
Vandergriff v. State, 812 N.E.2d 1084 (Ind. Ct. App. 2004).
· cites it 5× “" Ind.Code § 35-46-1-4(a)(1). That offense is elevated to a Class C felony if it results in bodily injury.”
Tanesha McGowan v. State of Indiana, 89 N.E.3d 424 (Ind. Ct. App. 2017).
· cites it 8× “2 [13] The offense of neglect of a dependent is governed by Ind. Code § 35-46-1-4 . At the time of the offenses, the statute provided in part: (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or…”
Gregory Kirk v. State of Indiana, 974 N.E.2d 1059 (Ind. Ct. App. 2012).
· cites it 6× “Ind. Code § 35-46-1-4 . The legislature defined “dependent” to mean “an unemanci-pated person who is under eighteen (18) years of age.”
— Ind. Code § 35-46-1-4(a) — 25 cases
Davis v. State, 476 N.E.2d 127 (Ind. Ct. App. 1985).
“Defendants Reed Davis and Mary Davis (Davises) appeal their convictions for neglect of a dependent, Ind. Code Ann. § 35-46-1-4 (Burns 1979), [1] a class D felony.”
— Ind. Code § 35-46-1-4(a)(1) — 45 cases
State v. Downey, 476 N.E.2d 121 (Ind. 1985).
“Appel-lees, Robert, Ora and Nona Downey, were charged with neglect of a dependent, a class D felony, Ind.Code § 35-46-1-4(a)(1). Appellees moved to dismiss the indictment on the grounds that the section of the statute it was based upon was unconstitutionally vague.”
Davis v. State, 476 N.E.2d 127 (Ind. Ct. App. 1985).
“Defendants Reed Davis and Mary Davis (Davises) appeal their convictions for neglect of a dependent, Ind. Code Ann. § 35-46-1-4 (Burns 1979), [1] a class D felony.”
— Ind. Code § 35-46-1-4(a)(2) — 1 case
— Ind. Code § 35-46-1-4(a)(3) — 7 cases
— Ind. Code § 35-46-1-4(a)(4) — 2 cases
— Ind. Code § 35-46-1-4(a)(8) — 1 case
Lush v. State, 783 N.E.2d 1191 (Ind. Ct. App. 2003).
“Ind.Code § 35-46-1-4(a)(8). "Support," as it relates to the neglect of a dependent, is defined as food, clothing, shelter, or medical care.”
— Ind. Code § 35-46-1-4(b) — 2 cases
— Ind. Code § 35-46-1-4(b)(1) — 3 cases
Vandergriff v. State, 812 N.E.2d 1084 (Ind. Ct. App. 2004).
“" Ind.Code § 35-46-1-4(a)(1). That offense is elevated to a Class C felony if it results in bodily injury.”
Gregory Kirk v. State of Indiana, 974 N.E.2d 1059 (Ind. Ct. App. 2012).
“Ind. Code § 35-46-1-4 . The legislature defined “dependent” to mean “an unemanci-pated person who is under eighteen (18) years of age.”
— Ind. Code § 35-46-1-4(b)(1)(A) — 1 case
— Ind. Code § 35-46-1-4(b)(2) — 9 cases
Lush v. State, 783 N.E.2d 1191 (Ind. Ct. App. 2003).
“Ind.Code § 35-46-1-4(a)(8). "Support," as it relates to the neglect of a dependent, is defined as food, clothing, shelter, or medical care.”
— Ind. Code § 35-46-1-4(b)(3) — 7 cases
— Ind. Code § 35-46-1-4(b)(l) — 1 case
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.