Murder, Reckless Homicide, Voluntary Manslaughter, Sudden Heat, Involuntary Manslaughter, Causing Suicide, Assisting Suicide, and Feticide

Indiana criminal law has several statutes relating to the unlawful killing of another human being, including:

A person who:

(1) knowingly or intentionally kills another human being;

(2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sexual trafficking, promotion of sexual trafficking of a younger child, child sexual trafficking, or carjacking (before its repeal);

(3) kills another human being while committing or attempting to commit:

(A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);

(B) dealing in methamphetamine (IC 35-48-4-1.1);

(C) manufacturing methamphetamine (IC 35-48-4-1.2);

(D) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);

(E) dealing in a schedule IV controlled substance (IC 35-48-4-3); or

(F) dealing in a schedule V controlled substance; or

(4) except as provided in section 6.5 of this chapter, knowingly or intentionally kills a fetus in any stage of development;

commits murder, a felony.

IC § 35-42-1-1.5 Dealing in a controlled substance resulting in death

(a) A person who knowingly or intentionally manufactures or delivers a controlled substance or controlled substance analog, in violation of:

(1) IC 35-48-4-1 (dealing in cocaine or a narcotic drug);

(2) IC 35-48-4-1.1 (dealing in methamphetamine);

(3) IC 35-48-4-1.2 (manufacturing methamphetamine); or

(4) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance);

that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 1 felony.

(b) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-3, that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 2 felony.

(c) A person who knowingly or intentionally manufactures or delivers a controlled substance, in violation of IC 35-48-4-4 or IC 35-48-4-10.5, that, when the controlled substance is used, injected, inhaled, absorbed, or ingested, results in the death of a human being who used the controlled substance, commits dealing in a controlled substance resulting in death, a Level 3 felony.

(d) It is not a defense to an offense described in this section that the human being died:

(1) after voluntarily using, injecting, inhaling, absorbing, or ingesting a controlled substance or controlled substance analog; or

(2) as a result of using the controlled substance or controlled substance analog in combination with alcohol or another controlled substance or with any other compound, mixture, diluent, or substance.

IC § 35-42-1-2 Causing suicide

A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Level 3 felony.

IC § 35-42-1-2.5 Assisting suicide

(a) This section does not apply to the following:

(1) A licensed health care provider who administers, prescribes, or dispenses medications or procedures to relieve a person’s pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, unless such medications or procedures are intended to cause death.

(2) The withholding or withdrawing of medical treatment or life-prolonging procedures by a licensed health care provider, including pursuant to IC 16-36-4 (living wills and life-prolonging procedures), IC 16-36-1 (health care consent), or IC 30-5 (power of attorney).

(b) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following commits assisting suicide, a Level 5 felony:

(1) Provides the physical means by which the other person attempts or commits suicide.

(2) Participates in a physical act by which the other person attempts or commits suicide.

IC § 35-42-1-3 Voluntary manslaughter

(a) A person who knowingly or intentionally:

(1) kills another human being; or

(2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development;

while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.

(b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.

Sudden Heat Massey v. State, 955 N.E.2d 247, 253 (Ind. Ct. App. 2011) “The only difference between murder and voluntary manslaughter is the existence of sudden heat, which for purposes of voluntary manslaughter is manifested by emotions such as anger, rage, sudden resentment, or terror sufficient to obscure the reason of an ordinary person, prevent deliberation and premeditation, and render the defendant incapable of cool reflection.”

IC § 35-42-1-4 Involuntary manslaughter

(a) As used in this section, “fetus” means a fetus in any stage of development.

(b) A person who kills another human being while committing or attempting to commit:

(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;

(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or

(3) battery;

commits involuntary manslaughter, a Level 5 felony.

(c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit:

(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;

(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;

(3) a battery offense included in IC 35-42-2; or

(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);

commits involuntary manslaughter, a Level 5 felony.

IC § 35-42-1-5 Reckless homicide

A person who recklessly kills another human being commits reckless homicide, a Level 5 felony.

IC § 35-42-1-6 Feticide

Except as provided in section 6.5 of this chapter, a person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony.

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