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

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Terms Used In Indiana Code 10-16-7-11

(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.