Sec. 5. (a) As used in this section, "serious violent
felon" means a person who has been convicted of committing a serious
violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) attempted murder (IC 35-41-5-1);
(3) voluntary manslaughter (IC 35-42-1-3);
(4) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(5) battery (IC 35-42-2-1) as a:
(A) Class A felony, Class B felony, or Class C felony, for a
crime committed before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5
felony, for a crime committed after June 30, 2014;
(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
3 felony, Level 4 felony, or Level 5 felony;
(7) aggravated battery (IC 35-42-2-1.5);
(8) strangulation (IC 35-42-2-9);
(9) kidnapping (IC 35-42-3-2);
(10) criminal confinement (IC 35-42-3-3);
(11) a human or sexual trafficking offense under IC 35-42-3.5;
(12) rape (IC 35-42-4-1);
(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
(14) child molesting (IC 35-42-4-3);
(15) sexual battery (IC 35-42-4-8) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(16) robbery (IC 35-42-5-1);
(17) carjacking (IC 35-42-5-2) (before its repeal);
(18) arson (IC 35-43-1-1(a)) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
crime committed after June 30, 2014;
(19) burglary (IC 35-43-2-1) as a:
(A) Class A felony or Class B felony, for a crime committed
before July 1, 2014; or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony, for a crime committed after June 30, 2014;
(20) assisting a criminal (IC 35-44.1-2-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(21) resisting law enforcement (IC 35-44.1-3-1) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
crime committed after June 30, 2014;
(22) escape (IC 35-44.1-3-4) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(23) trafficking with an inmate (IC 35-44.1-3-5) as a:
(A) Class C felony, for a crime committed before July 1, 2014;
or
(B) Level 5 felony, for a crime committed after June 30, 2014;
(24) criminal organization intimidation (IC 35-45-9-4);
(25) stalking (IC 35-45-10-5) as a:
(A) Class B felony or Class C felony, for a crime committed
before July 1, 2014; or
(B) Level 4 felony or Level 5 felony, for a crime committed
after June 30, 2014;
(26) incest (IC 35-46-1-3);
(27) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(28) dealing in methamphetamine (IC 35-48-4-1.1) or
manufacturing methamphetamine (IC 35-48-4-1.2);
(29) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
(31) dealing in a schedule V controlled substance (IC 35-48-4-4);
or
(32) dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(c) A serious violent felon who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a serious violent
felon, a Level 4 felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000,
SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006,
SEC.21; P.L.126-2012, SEC.58; P.L.158-2013, SEC.590;
P.L.214-2013, SEC.40; P.L.168-2014, SEC.88; P.L.25-2016, SEC.26;
P.L.65-2016, SEC.39; P.L.252-2017, SEC.19; P.L.198-2018, SEC.9;
P.L.142-2020, SEC.74; P.L.28-2023, SEC.3; P.L.1-2025,
SEC.231.
Notes of Decisions
Cited in
308
cases (
22 in the last 5 years), 2000–2026 · leading case:
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
· cites it 33× “Indiana Code § 35-47-4-5 defines "serious violent felon," in pertinent part, as "a person who has been convicted of committing a serious violent felony in Indiana.”
Anthony H. Dye v. State of Indiana, 972 N.E.2d 853 (Ind. 2012).
· cites it 15× “On May 1, 2007, the State charged Dye in Elkhart Superior Court with one count of un- lawful possession of a firearm by a serious violent felon (“SVF”),1 Ind. Code § 35-47-4-5 (c) (2008). The SVF statute makes it a Class B felony for a person who previously has been con- victed…”
Arrion Walton v. State of Indiana, 81 N.E.3d 679 (Ind. Ct. App. 2017).
· cites it 28× “The statute provides, in pertinent part, “A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.”
Khalil Jalon Payne v. State of Indiana, 96 N.E.3d 606 (Ind. Ct. App. 2018).
· cites it 15× “INDIANA CODE § 35-47-4-5 lists several offenses that qualify as serious violent felonies, and that list includes robbery.”
Conrad v. State, 747 N.E.2d 575 (Ind. Ct. App. 2001).
· cites it 10× “Because Conrad had been convicted of rape, confinement, criminal deviate conduct, and robbery in 1978, he was charged with unlawful possession of a firearm by a serious violent felon in violation of Indiana Code Section 35-47-4-5. The State also filed an information alleging…”
Calvert v. State, 930 N.E.2d 633 (Ind. Ct. App. 2010).
· cites it 10× “…The term "serious violent felony" includes, among other crimes, robbery and burglary as a Class A or Class B felony. Ind. Code § 35-47-4-5 (b)(12), (15).”
Willie Moore v. State of Indiana, 49 N.E.3d 1095 (Ind. Ct. App. 2016).
· cites it 13× “” I.C. § 35-47-4-5(a)(1). The statute lists several offenses that qualify as serious violent felonies, including Levels 1, 2, 3, and 4 felony burglary.”
Causey v. State, 808 N.E.2d 139 (Ind. Ct. App. 2004).
· cites it 9× “Causey (Causey), appeals his conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony, Ind.Code § 35-47-4-5. We affirm. ISSUES Causey raises three issues on appeal, which we restate as follows: 1.”
Alexander v. State, 768 N.E.2d 971 (Ind. Ct. App. 2002).
· cites it 8× “Ind.Code § 35-47-4-5 (Burns Code Ed. Supp.”
Bradshaw v. State, 818 N.E.2d 59 (Ind. Ct. App. 2004).
· cites it 9× “Ind.Code § 35-47-4-5. 2 . Bradshaw was not sentenced until this date because he failed to appear until after being arrested for the instant offense.”
Harmon v. State, 849 N.E.2d 726 (Ind. Ct. App. 2006).
· cites it 8× “, Indiana Code Section 35-47-4-5. These statutes, however, are silent on the issue of self-defense.”
Baker v. State, 747 N.E.2d 633 (Ind. Ct. App. 2001).
· cites it 13× “The second issue is whether Ind. Code § 35-47-4-5 is unconstitutional.”
Ind. Code § 35-47-4-5(a): 12 cases
Calvert v. State, 930 N.E.2d 633 (Ind. Ct. App. 2010).
“…The term "serious violent felony" includes, among other crimes, robbery and burglary as a Class A or Class B felony. Ind. Code § 35-47-4-5 (b)(12), (15).”
Alexander v. State, 768 N.E.2d 971 (Ind. Ct. App. 2002).
“Ind.Code § 35-47-4-5 (Burns Code Ed. Supp.”
Ind. Code § 35-47-4-5(a)(1): 5 cases
Willie Moore v. State of Indiana, 49 N.E.3d 1095 (Ind. Ct. App. 2016).
“” I.C. § 35-47-4-5(a)(1). The statute lists several offenses that qualify as serious violent felonies, including Levels 1, 2, 3, and 4 felony burglary.”
Baker v. State, 747 N.E.2d 633 (Ind. Ct. App. 2001).
“The second issue is whether Ind. Code § 35-47-4-5 is unconstitutional.”
Ind. Code § 35-47-4-5(a)(1)(A): 5 cases
Bradshaw v. State, 818 N.E.2d 59 (Ind. Ct. App. 2004).
“Ind.Code § 35-47-4-5. 2 . Bradshaw was not sentenced until this date because he failed to appear until after being arrested for the instant offense.”
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
“Indiana Code § 35-47-4-5 defines "serious violent felon," in pertinent part, as "a person who has been convicted of committing a serious violent felony in Indiana.”
Ind. Code § 35-47-4-5(a)(2): 1 case
Anthony H. Dye v. State of Indiana, 972 N.E.2d 853 (Ind. 2012).
“On May 1, 2007, the State charged Dye in Elkhart Superior Court with one count of un- lawful possession of a firearm by a serious violent felon (“SVF”),1 Ind. Code § 35-47-4-5 (c) (2008). The SVF statute makes it a Class B felony for a person who previously has been con- victed…”
Ind. Code § 35-47-4-5(a)(2)(A): 1 case
Ind. Code § 35-47-4-5(a)(l): 1 case
Willie Moore v. State of Indiana, 49 N.E.3d 1095 (Ind. Ct. App. 2016).
“” I.C. § 35-47-4-5(a)(1). The statute lists several offenses that qualify as serious violent felonies, including Levels 1, 2, 3, and 4 felony burglary.”
Ind. Code § 35-47-4-5(a)(l)(B): 2 cases
Ind. Code § 35-47-4-5(b): 9 cases
Alexander v. State, 768 N.E.2d 971 (Ind. Ct. App. 2002).
“Ind.Code § 35-47-4-5 (Burns Code Ed. Supp.”
Anthony H. Dye v. State of Indiana, 972 N.E.2d 853 (Ind. 2012).
“On May 1, 2007, the State charged Dye in Elkhart Superior Court with one count of un- lawful possession of a firearm by a serious violent felon (“SVF”),1 Ind. Code § 35-47-4-5 (c) (2008). The SVF statute makes it a Class B felony for a person who previously has been con- victed…”
Ind. Code § 35-47-4-5(b)(1)(B): 1 case
Ind. Code § 35-47-4-5(b)(11): 1 case
Ind. Code § 35-47-4-5(b)(12): 2 cases
Causey v. State, 808 N.E.2d 139 (Ind. Ct. App. 2004).
“Causey (Causey), appeals his conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony, Ind.Code § 35-47-4-5. We affirm. ISSUES Causey raises three issues on appeal, which we restate as follows: 1.”
Ind. Code § 35-47-4-5(b)(13): 3 cases
Khalil Jalon Payne v. State of Indiana, 96 N.E.3d 606 (Ind. Ct. App. 2018).
“INDIANA CODE § 35-47-4-5 lists several offenses that qualify as serious violent felonies, and that list includes robbery.”
Ind. Code § 35-47-4-5(b)(14): 1 case
Ind. Code § 35-47-4-5(b)(15): 3 cases
Willie Moore v. State of Indiana, 49 N.E.3d 1095 (Ind. Ct. App. 2016).
“” I.C. § 35-47-4-5(a)(1). The statute lists several offenses that qualify as serious violent felonies, including Levels 1, 2, 3, and 4 felony burglary.”
Ind. Code § 35-47-4-5(b)(15)(B): 1 case
Ind. Code § 35-47-4-5(b)(16): 1 case
Ind. Code § 35-47-4-5(b)(23): 2 cases
Ind. Code § 35-47-4-5(b)(24): 2 cases
Ind. Code § 35-47-4-5(b)(27): 1 case
Ind. Code § 35-47-4-5(b)(3): 1 case
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
“Indiana Code § 35-47-4-5 defines "serious violent felon," in pertinent part, as "a person who has been convicted of committing a serious violent felony in Indiana.”
Ind. Code § 35-47-4-5(b)(4): 1 case
Ind. Code § 35-47-4-5(b)(4)(C): 1 case
Ind. Code § 35-47-4-5(b)(6): 1 case
Ind. Code § 35-47-4-5(b)(7): 1 case
Ind. Code § 35-47-4-5(b)(8): 1 case
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
“Indiana Code § 35-47-4-5 defines "serious violent felon," in pertinent part, as "a person who has been convicted of committing a serious violent felony in Indiana.”
Ind. Code § 35-47-4-5(c): 67 cases
Arrion Walton v. State of Indiana, 81 N.E.3d 679 (Ind. Ct. App. 2017).
“The statute provides, in pertinent part, “A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.”
Harmon v. State, 849 N.E.2d 726 (Ind. Ct. App. 2006).
“, Indiana Code Section 35-47-4-5. These statutes, however, are silent on the issue of self-defense.”
Khalil Jalon Payne v. State of Indiana, 96 N.E.3d 606 (Ind. Ct. App. 2018).
“INDIANA CODE § 35-47-4-5 lists several offenses that qualify as serious violent felonies, and that list includes robbery.”
Rhone v. State, 825 N.E.2d 1277 (Ind. Ct. App. 2005).
“Indiana Code § 35-47-4-5 defines "serious violent felon," in pertinent part, as "a person who has been convicted of committing a serious violent felony in Indiana.”
Ind. Code § 35-47-4-5(e): 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.