Indiana Code 35-44.1-2-2. Obstruction of justice
(1) knowingly or intentionally induces, by threat, coercion, false statement, or offer of goods, services, or anything of value, a witness or informant in a legal proceeding or an administrative or criminal investigation to:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 35-44.1-2-2
- Allegation: something that someone says happened.
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juror: A person who is on the jury.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) avoid legal process summoning the person to testify or supply evidence;
(C) absent the person from a proceeding or investigation to which the person has been legally summoned; or
(D) give a false or materially misleading statement;
(2) knowingly or intentionally in a legal proceeding or an administrative or criminal investigation:
(A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders the person to produce the testimony, information, document, or thing;
(B) avoids legal process summoning the person to testify or supply evidence; or
(C) absents the person from a proceeding or investigation to which the person has been legally summoned;
(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any legal proceeding or administrative or criminal investigation;
(4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in a legal proceeding or an administrative or criminal investigation to mislead a public servant;
(5) communicates with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror; or
(6) being employed by a court or law enforcement agency, notifies the subject of a warrant of the warrant, with the intent to interfere with the execution of the warrant;
commits obstruction of justice, a Level 6 felony, except as provided in subsection (b).
(b) Except as provided in subsection (e), the offense is a Level 5 felony if, during the investigation or pendency of a domestic violence or child abuse case under subsection (c), a person knowingly or intentionally:
(1) offers, gives, or promises any benefit to;
(2) communicates a threat as defined by IC 35-45-2-1(c) to; or
(3) intimidates, unlawfully influences, or unlawfully persuades;
any witness to abstain from attending or giving testimony, or to give a false or materially misleading statement, at any hearing, trial, deposition, probation, or other criminal proceeding or from giving testimony or other statements, including giving a false or materially misleading statement, to a court or law enforcement officer under IC 35-31.5-2-185.
(c) As used in this section, “domestic violence or child abuse case” means any case involving an allegation of:
(1) the commission of a crime involving domestic or family violence under IC 35-31.5-2-76 involving a family or household member under IC 35-31.5-2-128;
(2) the commission of a crime of domestic violence under IC 35-31.5-2-78 involving a family or household member under IC 35-31.5-2-128; or
(3) physical abuse, sexual abuse, or child neglect, including crimes listed under IC 35-31.5-2-76 involving a victim who was less than eighteen (18) years of age at the time of the offense, whether or not the person is a family or household member under IC 35-31.5-2-128.
(d) Subsection (a)(2)(A) does not apply to:
(1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or
(2) a person who, as:
(A) an attorney;
(B) a physician;
(C) a member of the clergy; or
(D) a husband or wife;
is not required to testify under IC 34-46-3-1.
(e) Subsections (a) and (b) do not apply to:
(1) an attorney;
(2) an investigator;
(3) a law enforcement officer; or
(4) a judge;
engaged in that person’s professional or official duties.
As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.502; P.L.252-2017, SEC.15; P.L.174-2021, SEC.74; P.L.5-2022, SEC.5; P.L.209-2023, SEC.3.