Unlawful possession of firearm by serious violent felon

Sec. 5. (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 35-42-5-2) (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.

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; P.L.126-2012, SEC.58; P.L.158-2013, SEC.590; P.L.214-2013, SEC.40; P.L.168-2014, SEC.88; P.L.25-2016, SEC.26; P.L.65-2016, SEC.39; P.L.252-2017, SEC.19; P.L.198-2018, SEC.9; P.L.142-2020, SEC.74; P.L.28-2023, SEC.3; P.L.1-2025, SEC.231.