Current through P.L. 171-2024
Section 35-47-4-5 - Unlawful possession of firearm by serious violent felon(a) As used in this section, "serious violent felon" means a person who has been convicted of committing a serious violent felony.(b) As used in this section, "serious violent felony" means:(1) murder (IC 35-42-1-1);(2) attempted murder (IC 35-41-5-1);(3) voluntary manslaughter (IC 35-42-1-3);(4) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);(5) battery (IC 35-42-2-1) as a: (A) Class A felony, Class B felony, or Class C felony, for a crime committed before July 1, 2014; or(B) Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony, for a crime committed after June 30, 2014;(6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony;(7) aggravated battery (IC 35-42-2-1.5);(8) strangulation (IC 35-42-2-9);(9) kidnapping (IC 35-42-3-2);(10) criminal confinement (IC 35-42-3-3);(11) a human or sexual trafficking offense under IC 35-42-3.5;(12) rape (IC 35-42-4-1);(13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);(14) child molesting (IC 35-42-4-3);(15) sexual battery (IC 35-42-4-8) as a:(A) Class C felony, for a crime committed before July 1, 2014; or(B) Level 5 felony, for a crime committed after June 30, 2014;(16) robbery (IC 35-42-5-1);(17) carjacking (IC 5-42-5-2) (before its repeal);(18) arson (IC 35-43-1-1(a)) as a:(A) Class A felony or Class B felony, for a crime committed before July 1, 2014; or(B) Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;(19) burglary (IC 35-43-2-1) as a: (A) Class A felony or Class B felony, for a crime committed before July 1, 2014; or(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;(20) assisting a criminal (IC 35-44.1-2-5) as a:(A) Class C felony, for a crime committed before July 1, 2014; or(B) Level 5 felony, for a crime committed after June 30, 2014;(21) resisting law enforcement (IC 35-44.1-3-1) as a:(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or(B) Level 2 felony, Level 3 felony, or Level 5 felony, for a crime committed after June 30, 2014;(22) escape (IC 35-44.1-3-4) as a: (A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;(23) trafficking with an inmate (IC 35-44.1-3-5) as a:(A) Class C felony, for a crime committed before July 1, 2014; or(B) Level 5 felony, for a crime committed after June 30, 2014;(24) criminal organization intimidation (IC 35-45-9-4);(25) stalking (IC 35-45-10-5) as a:(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or(B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;(26) incest (IC 35-46-1-3);(27) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);(28) dealing in methamphetamine (IC 35-48-4-1.1) or manufacturing methamphetamine (IC 35-48-4-1.2);(29) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);(30) dealing in a schedule IV controlled substance (IC 35-48-4-3);(31) dealing in a schedule V controlled substance (IC 35-48-4-4); or(32) dealing in a controlled substance resulting in death (IC 35-42-1-1.5).(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.Amended by P.L. 28-2023,SEC. 3, eff. 7/1/2023.Amended by P.L. 142-2020,SEC. 74, eff. 7/1/2020.Amended by P.L. 198-2018,SEC. 9, eff. 7/1/2018.Amended by P.L. 252-2017,SEC. 19, eff. 7/1/2017.Amended by P.L. 65-2016, SEC. 39, eff. 7/1/2016.Amended by P.L. 25-2016, SEC. 26, eff. 7/1/2016.Amended by P.L. 168-2014, SEC. 88, eff. 7/1/2014.Amended by P.L. 214-2013, SEC. 40, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 590, eff. 7/1/2014.Amended by P.L. 126-2012, SEC. 58, eff. 7/1/2012.As added by P.L. 247-1999, SEC.1. Amended by P.L. 14-2000, SEC.76; P.L. 17-2001, SEC.17; P.L. 222-2001, SEC.5; P.L. 151-2006, SEC.21.