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
Rhone v. State (2005)
indctapp · 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 (2012)
ind · 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 (2017)
indctapp · 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 (2018)
indctapp · 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 (2001)
indctapp · 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 (2010)
indctapp · 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 (2016)
indctapp · 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 (2004)
indctapp · 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 (2002)
indctapp · cites it 8×
“Ind.Code § 35-47-4-5 (Burns Code Ed. Supp.”
Bradshaw v. State (2004)
indctapp · 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 (2006)
indctapp · cites it 8×
“, Indiana Code Section 35-47-4-5. These statutes, however, are silent on the issue of self-defense.”
Baker v. State (2001)
indctapp · 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 (2010)
indctapp
“…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).”
— Ind. Code § 35-47-4-5(a)(1) — 5 cases
Willie Moore v. State of Indiana (2016)
indctapp
“” 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 (2001)
indctapp
“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 (2004)
indctapp
“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 (2005)
indctapp
“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 (2012)
ind
“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 (2016)
indctapp
“” 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
Anthony H. Dye v. State of Indiana (2012)
ind
“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 (2004)
indctapp
“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
— 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 (2016)
indctapp
“” 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 (2005)
indctapp
“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 (2005)
indctapp
“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 (2017)
indctapp
“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 (2006)
indctapp
“, Indiana Code Section 35-47-4-5. These statutes, however, are silent on the issue of self-defense.”
Rhone v. State (2005)
indctapp
“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.