IC 35-42-2-2 — Criminal recklessness

Bills citing this section

• HB 12492026Signed into law

  Various criminal law matters.

• SB 802026Signed into law

  Code publication.

• SB 1712026Signed into law

  Family and children matters.

• SB 2512026Passed chamber

  OWI penalties.

• SB 2902026In committee

  Sex with a minor.

• HB 10892026In committee

  Authority to prohibit firearms in local parks.

• HB 12112026In committee

  Aggravated speeding.

• SB 1302026In committee

  Firearm storage.

• SB 822026In committee

  Local regulation of firearms in Marion County.

• HB 10212026In committee

  Firearm storage.

Section text

Sec. 2. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class A misdemeanor. (b) The offense of criminal recklessness as defined in subsection (a) is: (1) a Level 6 felony if: (A) it is committed while armed with a deadly weapon; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or (2) a Level 5 felony if: (A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present; or (B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death or catastrophic injury of another person. (c) A person who: (1) is a passenger in a vehicle whose operator has committed an offense under subsection (a) or (b); and (2) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present; commits criminal recklessness, a Level 6 felony. It is not a defense to a prosecution under this section that the operator of the motor vehicle has not been charged with or convicted of an offense under this section.

As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3; P.L.158-2013, SEC.423; P.L.184-2019, SEC.11; P.L.238-2025, SEC.86.

Source: official publisher (2026 edition)

Sections citing IC 35-42-2-2

• IC 31-19-11-1
• IC 31-34-20-1.5
• IC 31-34-21-5.6
• IC 31-34-21-7.5
• IC 31-34-4-2
• IC 31-37-19-6.5
• IC 31-9-2.1-168
• IC 35-33-8-6.5
• IC 35-47-11.1-4
• IC 5-2-6.1-8

Sections IC 35-42-2-2 cites

• IC 9-21-8-55