Sec. 84.8. “Nonwaivable offense”, for purposes of this title, means a conviction of any of the following felonies:

(1) Murder (IC 35-42-1-1).

Terms Used In Indiana Code 31-9-2-84.8

  • Conviction: A judgement of guilt against a criminal defendant.
  • Dependent: A person dependent for support upon another.
(2) Causing suicide (IC 35-42-1-2).

(3) Assisting suicide (IC 35-42-1-2.5).

(4) Voluntary manslaughter (IC 35-42-1-3).

(5) Involuntary manslaughter (IC 35-42-1-4).

(6) Reckless homicide (IC 35-42-1-5).

(7) Feticide (IC 35-42-1-6).

(8) Battery (IC 35-42-2-1) within the past five (5) years.

(9) Domestic battery (IC 35-42-2-1.3).

(10) Aggravated battery (IC 35-42-2-1.5).

(11) Criminal recklessness (IC 35-42-2-2) within the past five (5) years.

(12) Strangulation (IC 35-42-2-9).

(13) Kidnapping (IC 35-42-3-2).

(14) Criminal confinement (IC 35-42-3-3) within the past five (5) years.

(15) Human and sexual trafficking (IC 35-42-3.5).

(16) A felony sex offense under IC 35-42-4.

(17) Arson (IC 35-43-1-1) within the past five (5) years.

(18) Incest (IC 35-46-1-3).

(19) Neglect of a dependent (IC 35-46-1-4(a) and IC 35-46-1-4(b)).

(20) Child selling (IC 35-46-1-4(d)).

(21) Reckless supervision (IC 35-46-1-4.1).

(22) Nonsupport of a dependent child (IC 35-46-1-5) within the past five (5) years.

(23) Operating a motorboat while intoxicated (IC 35-46-9-6) within the past five (5) years.

(24) A felony involving a weapon under IC 35-47 within the past five (5) years.

(25) A felony relating to controlled substances under IC 35-48-4 within the past five (5) years.

(26) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.

(27) A felony under IC 9-30-5 within the past five (5) years.

(28) A felony related to the health or safety of a child (as defined in IC 31-9-2-13(h)) or an endangered adult (as defined in IC 12-10-3-2).

As added by P.L.183-2017, SEC.6. Amended by P.L.243-2019, SEC.4; P.L.142-2020, SEC.34.