Sec. 12. (a) If a person taking part in an unlawful assembly described in this chapter refuses to disperse after having been ordered to disperse in accordance with this chapter or if a command to disperse is not required under this chapter and a civil officer to whom military force is ordered to report, or if a civil officer is not present, then the military officer (or if the command is acting under the direct order of the governor, then the officer within the limits provided in the officer’s instructions) shall:

(1) arrest persons taking part in the unlawful assembly; or

Terms Used In Indiana Code 10-16-7-12

  • Arrest: Taking physical custody of a person by lawful authority.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) disperse the unlawful assembly.

     (b) If, in arresting a person or dispersing an unlawful assembly:

(1) a person is killed, wounded, or otherwise injured; or

(2) property is injured or destroyed;

by the civil officer or officer or member of the Indiana national guard, or other persons lawfully aiding them, the officer, member, or person shall be held blameless.

[Pre-2003 Recodification Citation: 10-2-4-10.]

As added by P.L.2-2003, SEC.7.

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