Sec. 2. (a) A person who operates a motor vehicle in
which there is a child less than eight (8) years of age who is not
properly fastened and restrained according to the child restraint system
manufacturer's instructions by a child restraint system commits a Class
D infraction. A person may not be found to have violated this
subsection if the person carries a certificate from a physician,
physician's assistant, or advanced practice registered nurse stating that
it would be impractical to require that a child be fastened and
restrained by a child restraint system because of:
(1) a physical condition, including physical deformity; or
(2) a medical condition;
of the child and presents the certificate to the police officer or the court.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments
for violations under this section shall be deposited in the child restraint
system account established by section 9 of this chapter.
[Pre-1991 Recodification Citation: 9-8-13-2.]
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998,
SEC.4; P.L.116-1998, SEC.4; P.L.67-2004, SEC.4; P.L.2-2005,
SEC.33; P.L.146-2009, SEC.3; P.L.129-2018, SEC.2.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2008–2024 · leading case:
State v. Massey, 887 N.E.2d 151 (Ind. Ct. App. 2008).
State v. Massey, 887 N.E.2d 151 (Ind. Ct. App. 2008).
· cites it 2× “We hasten to note that Indiana Code section 9-19-11-2 provides more stringent requirements regarding child restraint systems for children who are less than eight years old.”
Starlon Lewis v. State of Indiana (mem. dec.), No. 49A02-1509-CR-1393 (Ind. Ct. App. May 27, 2016).
· cites it 2× “[16] Lewis contends that the charging information alleging that he committed Level 6 felony neglect of a dependent actually “alleges nothing beyond what is an infraction under Indiana Code § 9-19-11-2.” Appellant’s Br.”
Nathaniel L. Jordan v. State of Indiana, No. 23A-CR-01780 (Ind. Ct. App. Sept. 26, 2024).
· cites it 2× “Child Restraint [21] At issue is Indiana Code § 9-19-11-2(a) (2017), which specifies that “[a] person who operates a motor vehicle in which there is a child less than eight (8) years of age who is not properly fastened and restrained according to the child restraint system…”
Ind. Code § 9-19-11-2(a): 1 case
Nathaniel L. Jordan v. State of Indiana, No. 23A-CR-01780 (Ind. Ct. App. Sept. 26, 2024).
“Child Restraint [21] At issue is Indiana Code § 9-19-11-2(a) (2017), which specifies that “[a] person who operates a motor vehicle in which there is a child less than eight (8) years of age who is not properly fastened and restrained according to the child restraint system…”
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.