Sec. 11. (a) Except as provided in subsection (b), before using any military force to disperse an unlawful assembly (as defined in IC 35-45-1-1):
(1) the civil officer calling out the military force or a law enforcement officer; or
(2) if a civil officer or law enforcement officer is not present, the officer in command of the troops or the officer's designee;
shall command the persons comprising the unlawful assembly to disperse and retire peaceably to their homes or businesses. A particular form of words is not required in ordering the dispersion of any unlawful assembly.
(b) A person is not required to order an unlawful assembly to disperse if:
(1) giving the order to disperse would put the person in imminent danger of loss of life or great bodily harm; or
(2) the unlawful assembly is engaged in the commission of any felony or is causing violence to a person or property.
[Pre-2003 Recodification Citation: 10-2-4-8.]
As added by P.L.2-2003, SEC.7.
Structure Indiana Code
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-0.3. "Active Duty Military Pay"
10-16-7-0.5. "Active Duty Military Service"
10-16-7-2.5. "Qualified Member"
10-16-7-3. Drills; Instruction; Encampments; Maneuvers; Other Exercises
10-16-7-4. Refusal to Permit Employees to Attend Drill or Other Duty
10-16-7-6. Leave of Absence While on Active Duty; Effect on Time or Pay
10-16-7-8. Arrest on Civil Process While on Active Duty
10-16-7-9. Sheriffs; Requesting National Guard Be Called to Active Duty
10-16-7-10. Written Orders Calling to Active Duty; Discretion in Carrying Out Orders
10-16-7-11. Unlawful Assembly; Command to Disperse
10-16-7-12. Riots and Mobs; Death, Personal Injuries, and Property Damage
10-16-7-13. Assault on Members; Quelling Attack
10-16-7-14. Right-of-Way on Streets and Highways
10-16-7-15. Assembly Regulating Passage and Occupancy of Streets; Offense
10-16-7-16. Election Day; Muster, Assembly, Review, or Parade
10-16-7-17.5. Group Life Insurance
10-16-7-19. Pensions; Funeral Expenses
10-16-7-20. False or Fraudulent Representations; Increasing, Reducing, or Withdrawing
10-16-7-21. Pension Examiners and Boards; Lump Sum Payments
10-16-7-22. Parenting Time; Making Up Lost Parenting Time
10-16-7-23. Extension of Federal Benefits
10-16-7-24. Administration of "Pdhra"
10-16-7-25. Transfers of Property Forfeited to the United States