Ind. Code » Title 35
Indiana Code

Ind. Code § 35-46-5-1 (2026)

Human organ trafficking

✓ current as of May 2026
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     Sec. 1. (a) As used in this section, "human organ" means the kidney, liver, heart, lung, cornea, eye, bone marrow, bone, pancreas, or skin of a human body.

     (b) As used in this section, "item of value" means money, real estate, funeral related services, and personal property. "Item of value" does not include:

(1) the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ; or

(2) the reimbursement of travel, housing, lost wages, and other expenses incurred by the donor of a human organ related to the donation of the human organ.

     (c) A person who intentionally acquires, receives, sells, or transfers, in exchange for an item of value, a human organ for use in human organ transplantation commits unlawful transfer of human organs, a Level 5 felony.

As added by P.L.131-1992, SEC.2. Amended by P.L.217-1997, SEC.1; P.L.158-2013, SEC.570; P.L.213-2016, SEC.29.

 

Notes of Decisions
Cited in 4 cases, 2001–2019 · leading case: Trs. of Indiana Univ. v. Terry Curry, 918 F.3d 537 (7th Cir. 2019).
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Trs. of Indiana Univ. v. Terry Curry, 918 F.3d 537 (7th Cir. 2019). · cites it 5× “" Ind. Code § 35-46-5-1 .5(d). A federal district court held that several terms in this statute are unconstitutionally vague and that it must be treated as if it read: "A person who intentionally sells fetal tissue commits unlawful transfer of fetal tissue, a Level 5 felony.”
Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002). · cites it 3× “at § 35-46-5-1(a). 12 . Count II of the complaint seeks compensation for Calvin Bolin's loss of consortium with his wife.”
Trs. of Ind. Univ. v. Prosecutor of Marion Cnty. Ind., 289 F. Supp. 3d 905 (S.D. Ind. 2018). · cites it 32× “" Ind. Code § 35-46-5-1 .5. That section, in its entirety, reads as follows: (a) As used in this section, 'aborted' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.”
Rebecca Bolin & Calvin Bolin v. Brandon A. Wingert (Ind. 2001). · cites it 5× “[11] See Ind. Code Ann. § 35-46-5-1 (West 1998). From these statutes, it is apparent that the legislature knows how to protect unborn children.”
Ind. Code § 35-46-5-1(a): 2 cases
Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002). “at § 35-46-5-1(a). 12 . Count II of the complaint seeks compensation for Calvin Bolin's loss of consortium with his wife.”
Rebecca Bolin & Calvin Bolin v. Brandon A. Wingert (Ind. 2001). “[11] See Ind. Code Ann. § 35-46-5-1 (West 1998). From these statutes, it is apparent that the legislature knows how to protect unborn children.”
Ind. Code § 35-46-5-1(d): 2 cases
Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002). “at § 35-46-5-1(a). 12 . Count II of the complaint seeks compensation for Calvin Bolin's loss of consortium with his wife.”
Rebecca Bolin & Calvin Bolin v. Brandon A. Wingert (Ind. 2001). “[11] See Ind. Code Ann. § 35-46-5-1 (West 1998). From these statutes, it is apparent that the legislature knows how to protect unborn children.”
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