Indiana
Indiana state laws, regulations, court decisions, and active legislation
Overview
Indiana's legal system reflects the state's Midwestern character with a generally moderate-to-conservative orientation. The state was an early adopter of the Religious Freedom Restoration Act (RFRA), which generated significant national debate. Indiana has modernized its criminal code in recent years and has been moving toward evidence-based sentencing reforms.
Indiana is known for its business-friendly legal environment, with relatively low taxes and limited regulation. The state eliminated its handgun license requirement in 2022, adopting permitless carry. Indiana's legal framework includes a unique red flag law that allows law enforcement to seize firearms from individuals deemed dangerous — notable among permissive gun law states.
Court Structure
Indiana's court system includes small claims courts, city and town courts, circuit courts, superior courts, the Court of Appeals (organized into five districts), the Tax Court, and the Indiana Supreme Court. The Supreme Court justices and Court of Appeals judges are appointed by the governor from a judicial nominating commission list and face retention elections. Trial court judges are elected.
Unique Laws & Facts
- •Indiana's Religious Freedom Restoration Act (RFRA) sparked national debate on LGBTQ+ rights
- •The state has a red flag law despite its permissive gun laws — an unusual combination
- •Indiana requires all vehicles to display both front and rear license plates
- •The state has an elected superintendent of public instruction
- •Indiana was the first state to adopt permitless carry at age 18
Legal Landscape
Indiana's legal landscape combines business-friendly regulation, permissive firearms laws, and moderate criminal justice reform. The state's religious liberty debates have placed it in the national spotlight. Indiana's legal framework emphasizes limited government and individual liberty while maintaining some progressive elements like its red flag law.
Key Indiana Laws (22)
Operating a Vehicle While Intoxicated
Indiana prohibits operating with a BAC of 0.08% or higher, or with any controlled substance in the body. First offenses are Class C misdemeanors (or Class A if BAC 0.15+) with up to 60 days (or one year) jail. Second offense in 7 years becomes a Level 6 felony with 5 days mandatory minimum.
Permitless Carry of Handguns
Indiana allows permitless carry for anyone 18 or older who can legally possess firearms. No assault weapon bans, magazine limits, or waiting periods. Indiana has a red flag law allowing courts to order firearm seizure from dangerous individuals. Strong Castle Doctrine and Stand Your Ground apply.
Security Deposits and Landlord-Tenant Obligations
Indiana places no limit on security deposits but requires return within 45 days with an itemized list. Failure to itemize forfeits the deposit. 10-day notice for non-payment eviction. No rent control. Warranty of habitability applies with repair-and-deduct remedy available.
Criminal Recklessness (Assault-Type Offense)
Indiana lacks a simple 'assault' statute; comparable conduct is charged as criminal recklessness or battery. Criminal recklessness creating bodily injury risk is a Class B misdemeanor (180 days jail, $1,000). Armed conduct elevates to Class A misdemeanor or Level 6 felony.
Battery
Indiana battery covers rude/angry touching or bodily fluid contact. Simple battery is Class B misdemeanor (180 days). Battery causing injury is Class A misdemeanor (1 year). Serious injury, weapon, or protected victims elevate to Level 6-2 felony. Battery causing death is Level 2 felony.
Possession of Cocaine or Narcotic Drug
Indiana grades cocaine/narcotic possession by quantity: under 5g is Level 6 felony (6 months-2.5 years); up to 28g is Level 4 felony; over 28g is Level 3 felony. Marijuana remains illegal. Drug court diversion is widely available. Level 6 first offenders are typically eligible for probation.
Theft
Indiana theft is graded by value: under $750 is a Class A misdemeanor (1 year jail); $750-$50,000 is a Level 6 felony (6 months-2.5 years); over $50,000 is a Level 5 felony (1-6 years). Firearm theft is always Level 6+. Prior convictions enhance one level. Restitution is mandatory.
Grounds for Dissolution of Marriage
Indiana is primarily a no-fault divorce state requiring 'irretrievable breakdown.' One spouse must be an Indiana resident for 6 months and a county resident for 3 months. There is a 60-day waiting period. Indiana presumes equal division of marital property, though parties can rebut.
Best Interests of the Child for Custody
Indiana applies an 8-factor best-interests test for custody. Children 14+ have wishes given greater weight. Joint custody requires parental cooperation; no presumption either way. The Indiana Parenting Time Guidelines provide standard schedules. Substantial change is needed for modification.
Indiana Child Support Guidelines
Indiana uses an income shares model under the Child Support Guidelines based on combined weekly gross income. Each parent pays a proportional share with adjustments for parenting time, healthcare, and childcare. Support generally continues until age 19. Postsecondary educational support orders are also possible.
Minimum Wage
Indiana's minimum wage matches the federal $7.25/hour. Local governments cannot set higher minimums. The state law applies to employers with 2+ employees with exemptions. Tipped wage is $2.13/hour with tip credit. Federal weekly overtime over 40 hours applies.
At-Will Employment with Limited Exceptions
Indiana is among the strictest at-will states with only narrow public policy exceptions (workers' comp retaliation, refusal to commit illegal acts, fulfilling statutory duties). Implied contract claims are difficult. State law prohibits discrimination on race, sex, religion, age (40+), disability, ancestry, and military status.
Wage Payment and Final Wages
Indiana does not mandate paid sick, vacation, or family leave for private employers. Final wages are due by the next regular payday. The Wage Payment Act allows recovery of unpaid wages plus liquidated damages. Indiana has a Military Family Leave Act giving 10 days unpaid leave for military family members.
Security Deposits
Indiana does not cap security deposits. Landlords have 45 days after move-out to return the deposit or provide itemization. Tenants must provide a forwarding address. Wrongful withholding may trigger civil liability and attorney fees. Indiana's tenant deposit protections are limited.
Termination for Nonpayment of Rent and Eviction
Indiana landlords give a 10-day written notice for nonpayment. Possession actions are filed in small claims, county, or superior court. Indiana uses a two-step process separating possession from damages. Self-help eviction is prohibited and triggers civil liability.
LLC Formation
Indiana LLCs file articles of organization with the Secretary of State for $95-$100. The name must include 'LLC' and a registered agent must be designated. Biennial reports cost $32-$50. The Indiana Business Flexibility Act provides governance freedom. An operating agreement is recommended but not filed.
Indiana Deceptive Consumer Sales Act
Indiana's Deceptive Consumer Sales Act bans over a dozen specific deceptive practices in consumer transactions. The AG can seek $5,000 civil penalties per violation. Consumers can recover actual damages, plus treble damages or $500 (whichever is greater) for incurable deceptive acts, plus attorney fees.
Motor Vehicle Protection Act (Lemon Law)
Indiana's Lemon Law covers new vehicles for 18 months or 18,000 miles (shorter than most states). A vehicle is presumed a lemon after four failed repair attempts or 30 business days out of service. Consumers can demand replacement or refund minus a use allowance after written notice.
Intestate Succession
Indiana intestate distribution treats real and personal property differently when there are non-shared descendants. With shared descendants, the spouse takes half. With non-shared descendants, the spouse takes 1/4 of real property and 1/2 of personal property. Without descendants but with parents, the spouse takes 3/4.
Execution of Wills
Indiana wills must be written, signed by the testator (age 18+ or military, sound mind), and witnessed by two competent witnesses in the presence of each other. Holographic wills without witnesses are not recognized. Indiana adopted electronic wills in 2021. Self-proving notarized affidavits speed probate.
Maximum Speed Limits
Indiana default speed limits are 30 mph urban/residential, 55 mph rural state highways, and 70 mph rural interstates (65 mph trucks). Highways in cities of 50,000+ are capped at 55 mph. Speeds 25+ mph over the limit may be reckless driving (Class B misdemeanor). School zones are 25-30 mph.
Small Claims Jurisdiction
Indiana small claims handles disputes up to $10,000 ($8,000 in Marion County township courts). Attorneys are allowed but not required. Hearings are informal. Either party can appeal to circuit court for review on the record within 30 days.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.