Sec. 5. (a) A person who knowingly or intentionally fails to provide support to the person's dependent child commits nonsupport of a child, a Level 6 felony. However, the offense is a Level 5 felony if the person has a previous conviction under this section.
(b) It is a defense that the child had abandoned the home of the child's family without the consent of the child's parent or on the order of a court, but it is not a defense that the child had abandoned the home of the child's family if the cause of the child's leaving was the fault of the child's parent.
(c) It is a defense that the accused person, in the legitimate practice of the person's religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the person's dependent child.
(d) It is a defense that the accused person was unable to provide support.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.88; Acts 1978, P.L.144, SEC.9; P.L.213-1996, SEC.4; P.L.123-2001, SEC.4; P.L.158-2013, SEC.552; P.L.148-2014, SEC.1.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 1. Offenses Against the Family
35-46-1-1.3. "Dissolvable Tobacco Product"
35-46-1-1.5. "Electronic Cigarette"
35-46-1-4. Neglect of a Dependent; Child Selling
35-46-1-4.1. Reckless Supervision
35-46-1-5. Nonsupport of a Dependent Child
35-46-1-6. Nonsupport of a Spouse
35-46-1-7. Nonsupport of a Parent
35-46-1-8. Contributing to the Delinquency of a Minor
35-46-1-9. Profiting From Adoption
35-46-1-9.5. Adoption Deception
35-46-1-11. Tobacco or Electronic Cigarette Vending Machine Sales; Warning Notices; Penalty
35-46-1-11.2. Operation of Tobacco Business Near School Prohibited
35-46-1-11.4. Operation of Tobacco and Vaping Business Near School Prohibited
35-46-1-11.5. Coin Machines for Sale or Distribution of Tobacco or Electronic Cigarettes; Penalty
35-46-1-11.8. Tobacco and Electronic Cigarette Displays; Exceptions; Penalty
35-46-1-12. Exploitation of a Dependent or an Endangered Adult
35-46-1-15.1. Invasion of Privacy; Offense; Penalties
35-46-1-15.3. Violation of Certain No Contact Orders; Offense; Penalty
35-46-1-16. Invasion of Privacy Convictions; Record of Persons Protected by Orders
35-46-1-19. Invasion of Privacy Convictions; Time of Notice to Persons Protected by Orders
35-46-1-20. Enforcement of Foreign Protection Orders