Sec. 2. (a) The definitions set forth in IC 22-11-20 apply to this section.

     (b) Except as provided in subsection (c), the victim or an agent of the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC 35-43-4-3) of:

(1) anhydrous ammonia (NH₃);

(2) an ammonia solution; or

(3) a container used to store or transport anhydrous ammonia or an ammonia solution;

is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4.

     (c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if:

(1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or

(2) the victim’s or agent’s willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:

(A) design;

(B) construction;

(C) location;

(D) installation; or

(E) operation;

of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.

As added by P.L.17-2001, SEC.10.