Sec. 1. (a) As used in this section, “human organ” means the kidney, liver, heart, lung, cornea, eye, bone marrow, bone, pancreas, or skin of a human body.

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
For details, see Ind. Code § 35-50-2-6
criminal case

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Terms Used In Indiana Code 35-46-5-1

  • Donor: The person who makes a gift.
     (b) As used in this section, “item of value” means money, real estate, funeral related services, and personal property. “Item of value” does not include:

(1) the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ; or

(2) the reimbursement of travel, housing, lost wages, and other expenses incurred by the donor of a human organ related to the donation of the human organ.

     (c) A person who intentionally acquires, receives, sells, or transfers, in exchange for an item of value, a human organ for use in human organ transplantation commits unlawful transfer of human organs, a Level 5 felony.

As added by P.L.131-1992, SEC.2. Amended by P.L.217-1997, SEC.1; P.L.158-2013, SEC.570; P.L.213-2016, SEC.29.

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