Ind. Code » Title 9
Indiana Code

Ind. Code § 9-21-8-59 (2026)

Use of telecommunications device while operating a moving motor vehicle

✓ current as of May 2026
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     Sec. 59. (a) Except as provided in subsections (b) and (c), a person may not hold or use a telecommunications device while operating a moving motor vehicle.

     (b) A telecommunications device described in IC 9-13-2-177.3(a)(1) may be used in conjunction with hands free or voice operated technology.

     (c) A telecommunications device may be used or held to call 911 to report a bona fide emergency.

     (d) A police officer may not, without the consent of the person:

(1) confiscate a telecommunications device for the purpose of determining compliance with this section;

(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or

(3) extract or otherwise download information from a telecommunications device for a violation of this section unless:

(A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;

(B) the information is extracted or otherwise downloaded under a valid search warrant; or

(C) otherwise authorized by law.

     (e) The bureau may not assess points under the point system for a violation of this section occurring before July 1, 2021.

As added by P.L.185-2011, SEC.4. Amended by P.L.191-2014, SEC.1; P.L.100-2020, SEC.3; P.L.141-2024, SEC.17.

 

IC 9-21-9Chapter 9. Slow Moving Vehicles

 

           9-21-9-0.5Applicability
           9-21-9-1Application of chapter
           9-21-9-2Slow moving vehicle emblem; display
           9-21-9-3Slow moving vehicle emblem; restrictions on use
           9-21-9-4Flashing lamps; requirements
           9-21-9-5Repealed
           9-21-9-6Red flags
           9-21-9-7Violations; Class C infraction

 

Notes of Decisions
Cited in 3 cases, 2016–2019 · leading case: United States v. Gregorio Paniagua-Garcia, 813 F.3d 1013 (7th Cir. 2016).
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United States v. Gregorio Paniagua-Garcia, 813 F.3d 1013 (7th Cir. 2016). “An Indiana statute forbids drivers to use a telecommunications device (normally a cellphone) to type, transmit, or read a text message or an electronic-mail message, Ind.Code § 9-21-8-59(a) — in short it prohibits “texting” (sending or receiving textual material on a cellphone…”
State v. Morsette, 2019 ND 84 (N.D. 2019). · cites it 2× “4 Ind. Code § 9-21-8-59 (emphasis added). In Paniagua-Garcia, while passing a car, an officer observed the driver (1) holding a cell phone in his right hand, (2) with his head bent toward the phone, and (3) appearing to be texting.”
State v. Morsette, 2019 ND 84 (N.D. 2019). “4 Ind. Code § 9-21-8-59 (emphasis added). In Paniagua-Garcia, while passing a car, an officer observed the driver (1) holding a cell phone in his right hand, (2) with his head bent toward the phone, and (3) appearing to be texting.”
— Ind. Code § 9-21-8-59(a) — 1 case
United States v. Gregorio Paniagua-Garcia, 813 F.3d 1013 (7th Cir. 2016). “An Indiana statute forbids drivers to use a telecommunications device (normally a cellphone) to type, transmit, or read a text message or an electronic-mail message, Ind.Code § 9-21-8-59(a) — in short it prohibits “texting” (sending or receiving textual material on a cellphone…”
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