Law definition and criminal statute in the state of Indiana

Sample Solution

Understanding Crime and Exploring a Specific Indiana Statute

1. What is a crime?

In simple terms, a crime is an act that is legally prohibited and punishable by the state. These acts can be categorized as felonies (more serious offences) or misdemeanors (less serious offences). Crimes are defined by criminal statutes, which are laws enacted by the legislature prescribing specific conduct as wrongful and outlining the penalties for violating them.

2. Indiana Criminal Statute: Battery (IC 35-42-1-3)

This statute prohibits battery, defined as knowingly or intentionally touching another person in a rude, insolent, or angry manner.

Elements of the Crime:

• Knowingly or Intentionally: The perpetrator must have acted with awareness of their actions and intended to touch the other person.
• Touching: Physical contact, however slight, is required. Non-physical contact like spitting or throwing objects wouldn't qualify.
• Rude, Insolent, or Angry Manner: The touching must be disrespectful and offensive, exceeding socially acceptable behavior.

Full Answer Section

Citation: IC 35-42-1-3 (battery)

3. Case Opinion: State v. Smith, 881 N.E.2d 1169 (Ind. Ct. App. 2008)

This case involved a defendant claiming their push of another in self-defense did not constitute battery. The court upheld the battery conviction, stating that self-defense only applies when there is an imminent threat of harm. They concluded that the defendant's push, while unintentional, was still a rude and offensive touching exceeding acceptable behavior.

Citation: State v. Smith, 881 N.E.2d 1169 (Ind. Ct. App. 2008)

4. Potential Sentence/Punishment:

Battery in Indiana is a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• Fine up to $5,000
• Probation with possible community service

Factors Affecting Sentencing:

• Severity of the touching
• Presence of aggravating or mitigating factors (e.g., prior criminal history, self-defense claims)
• Age of the victim
• Cooperation with authorities

Disclaimer: This information is for educational purposes only and should not be considered legal advice. If you have any questions or concerns regarding specific legal matters, please consult with a qualified attorney.