Domestic Battery and Strangulation
IC 35-42-2-1.3 — a rude, insolent or angry touch of a family or household member is a Class A misdemeanor
Knowingly or intentionally touching a family or household member in a rude, insolent or angry manner, or placing any bodily fluid or waste on one in that manner, is domestic battery, a Class A misdemeanor.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
A family or household member includes a current or former spouse, someone the person is dating or has dated, someone in a current or past sexual relationship with the person, a relative by blood, adoption or marriage, a guardian, ward, custodian or foster parent, someone with a child in common, and a minor child of any of them.
| Domestic battery where | Level |
|---|---|
| Domestic battery whereThere is a previous unrelated battery or strangulation conviction | LevelLevel 6 felony |
| Domestic battery whereA person at least 18 commits it knowingly in the presence of a child less than 16 who might see or hear it | LevelLevel 6 felony |
| Domestic battery whereIt causes moderate bodily injury, or a protection or no contact order for the victim was in effect | LevelLevel 6 felony |
| Domestic battery whereIt causes serious bodily injury, uses a deadly weapon, or there is a prior conviction against the same victim | LevelLevel 5 felony |
In a rude, angry or insolent manner, knowingly or intentionally pressing on the throat or neck, blocking the nose or mouth, or pressing on the torso so as to impede normal breathing or blood circulation is strangulation, a Level 6 felony, and a Level 5 felony against a woman known to be pregnant or with a prior unrelated conviction.
Domestic battery against a family or household member less than 14 by someone at least 18, or against a person with a disability by a caregiver, or an endangered adult, is a felony at every level of injury, up to a Level 2 felony where it results in death.
Sources for this section (3)
- IC 35-42-2-1.3 — Domestic battery
- IC 35-42-2-9 — Strangulation
- IC 35-31.5-2-128 — "Family or household member"
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.