Sec. 2. A parent of a child who is a member of a criminal organization (as defined in IC 35-45-9-1), who actively encourages or knowingly benefits from the child’s involvement in the criminal organization, is liable for actual damages arising from harm to a person or property intentionally caused by the child while participating in a criminal organization activity if:

(1) the parent has custody of the child;

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Terms Used In Indiana Code 34-31-4-2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) the child is living with the parent or guardian; and

(3) the parent failed to use reasonable efforts to prevent the child’s involvement in the criminal organization.

[Pre-1998 Recodification Citation: 34-4-31-1(c).]

As added by P.L.1-1998, SEC.27. Amended by P.L.25-2016, SEC.16.