Intimidation
IC 35-45-2-1 · Class A Misdemeanor baseline, scaling to Level 5 Felony — see below
Communicating a threat with the intent to make another person act against their will, place them in fear of retaliation for a lawful act, cause an evacuation or interfere with occupancy of a dwelling/building/structure/vehicle, or simply place them in fear the threat will be carried out.
Legal definition of "threat" — a broad term covering ANY of these:
- Expressing intent to unlawfully injure a person or damage property
- Expressing intent to unlawfully confine or restrain someone
- Expressing intent to commit a crime
- Expressing intent to unlawfully withhold official action
- Expressing intent to unlawfully withhold testimony/information related to someone's legal claim or defense (except a reasonable fee/expense claim)
- Expressing intent to expose someone to hatred, contempt, disgrace, or ridicule
- Expressing intent to falsely harm someone's credit or business reputation
- Expressing intent to cause the evacuation of a dwelling, building, structure, or vehicle — this includes anything that would make a REASONABLE person consider evacuating, even if no evacuation actually happened
- Posting someone's personal information online, intending it to result in bodily injury, property damage, or a crime against them (doxxing)
FOUR intent categories — the suspect must have communicated a threat intending ONE of these:
- To make another person act against their will
- To place another person in fear of retaliation for something lawful they did
- To cause an evacuation of, or interfere with occupancy of, a dwelling/building/structure/vehicle
- To simply place someone in fear the threat will be carried out (only applies to specific threat types: #1-5 and #7-8 above)
Felony level chart
| Circumstance | Charge |
|---|---|
| Threat to commit a forcible felony | Level 6 Felony |
| Threatened person (or the one it was communicated to) is a witness — or their spouse/child — in a pending criminal case against the suspect | Level 6 Felony |
| Threat made because of, or connected to, someone's job/profession/employment/ownership status | Level 6 Felony |
| Prior unrelated conviction under this section, against the SAME victim | Level 6 Felony |
| Threat communicated using a school or government entity's property/electronic systems | Level 6 Felony |
| Suspect drew or used a deadly weapon while making the threat | Level 5 Felony |
| Threat made against a judicial officer, court bailiff, prosecutor/deputy prosecutor, or state legislator, tied to their official role or duties | Level 5 Felony |
| Threat is to commit terrorism, or made in furtherance of an act of terrorism | Level 5 Felony |
Elements to prove
- 1
The suspect communicated a threat (see the 9 categories below)
- 2
The suspect intended one of the 4 outcomes below
Unlock the complete Fact Prompts, Narrative Guide, and Closing Checklist for this offense.
Start 30-Day Free TrialReference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-45-2-1, current through the 2026 Indiana Code (iga.in.gov).