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.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-7
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Terms Used In Indiana Code 35-46-1-5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Dependent: A person dependent for support upon another.
  • Dependent: means :

    Indiana Code 35-46-1-1

  • Support: means food, clothing, shelter, or medical care. See Indiana Code 35-46-1-1
     (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.

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