Sec. 2. (a) A person who recklessly, knowingly, or intentionally, without claim or right or consent of the owner, drives, places, or fastens in timber a device of metal, ceramic, or other substance sufficiently hard to damage equipment used in the processing of timber into wood products, with the intent to hinder the felling, logging, or processing of timber, commits timber spiking, a Level 6 felony.

     (b) However, the offense under subsection (a) is a Level 5 felony if the offense causes bodily injury to another person.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-7

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Terms Used In Indiana Code 35-43-8-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • timber: includes standing or felled trees and logs that can be used for any of the following:

    Indiana Code 35-43-8-1

     (c) In addition to a penalty imposed under subsection (a) or (b), the court may order a person convicted of violating this section to pay attorney‘s fees and restitution to the owner of property damaged because of the action of the person.

As added by P.L.139-1992, SEC.1. Amended by P.L.158-2013, SEC.491.