Indiana Disorderly Conduct and Trespass Laws: Penalties (2026)

Indiana makes disorderly conduct a Class B misdemeanor under Indiana Code 35-45-1-3, punishable by up to 180 days in jail and a fine of up to $1,000, and it becomes a Level 6 felony when it adversely affects airport security at an airport or adversely affects a funeral or burial within 500 feet. Criminal trespass under IC 35-43-2-2 is a Class A misdemeanor (up to 1 year and $5,000), and it is a Level 6 felony on a scientific research facility, a public utility facility, school property or a school bus, or for a repeat conviction concerning the same property.

The disorderly conduct statute covers fighting or tumultuous conduct, unreasonable noise that continues after a request to stop, and disrupting a lawful assembly. Indiana also allows landowners to deny entry with purple paint marks, makes entering a critical infrastructure facility a Level 6 felony, and since July 1, 2026 punishes "street camping" on public land as a Class C misdemeanor after a warning. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana's state criminal statutes on disorderly conduct and rioting (IC 35-45-1), public intoxication (IC 7.1-5-1-3), obstruction of traffic, false reporting and related offenses (IC 35-44.1-2), intimidation by threats to cause an evacuation (IC 35-45-2-1), criminal trespass and residential entry (IC 35-43-2), critical infrastructure facility trespass (IC 35-46-10) and street camping (IC 36-1-31.5). It does not cover local noise ordinances and quiet hours (see Indiana noise laws), the civil procedure for removing squatters (see Indiana squatters' rights), use of force against an intruder (see Indiana self-defense laws), local ordinances, civil trespass lawsuits, or federal property rules.

What is disorderly conduct in Indiana?

Section 35-45-1-3(a) provides:

"A person who recklessly, knowingly, or intentionally: (1) engages in fighting or in tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of persons; commits disorderly conduct, a Class B misdemeanor." (IC 35-45-1-3(a))

Acting recklessly is enough; the statute does not require intent to cause a disturbance. In plain terms, the three forms are:

• Fighting or tumultuous conduct. "Tumultuous conduct" has a specific meaning in this chapter: "conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property" (IC 35-45-1-1). Where a fight involves injury, the battery statutes may also apply; see Indiana assault and battery laws.
• Unreasonable noise after a request to stop. The noise form has two parts: the noise must be unreasonable, and the person must continue "after being asked to stop." For quiet hours and local noise rules, see our Indiana noise laws page.
• Disrupting a lawful assembly. Disrupting a lawful assembly of persons.

Unlike the public intoxication statute, section 35-45-1-3 does not by its words require a public place. Its text also contains no clause about abusive, profane or offensive language; the forms are fighting, tumultuous conduct, unreasonable noise after a request to stop, and disrupting a lawful assembly. Loud speech, including profanity, can still fall under the noise form if it is unreasonable and continues after a request to stop. In Price v. State, 622 N.E.2d 954 (Ind. 1993), the Indiana Supreme Court held under the state constitution that political expression becomes "unreasonably noisy" under the statute "when and only when it inflicts upon determinant parties harm analogous to that which would sustain tort liability against the speaker."

Penalty and when disorderly conduct is a felony

A Class B misdemeanor carries "a fixed term of not more than one hundred eighty (180) days" and a fine of "not more than one thousand dollars ($1,000)" (IC 35-50-3-3). The offense is a Level 6 felony in two settings:

• At an airport (35-45-1-3(b)): if it "adversely affects airport security" and is committed in an airport or on airport premises, "including in a parking area, a maintenance bay, or an aircraft hangar."
• Near a funeral (35-45-1-3(c)): if it is committed within 500 feet of a burial being performed, a funeral procession the person knows is taking place, or a building where a funeral or memorial service or a viewing is being conducted, and it "adversely affects the funeral, burial, viewing, funeral procession, or memorial service."

A Level 6 felony carries "a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year," and a fine of up to $10,000 (IC 35-50-2-7(b)). Section 35-50-2-7(c) allows a court, in circumstances that section sets out, to enter judgment of conviction for a Level 6 felony as a Class A misdemeanor.

Related public-order offenses

Chapter 35-45-1 ("Offenses Against Public Order") has five sections: definitions, rioting, disorderly conduct, flag desecration and common nuisance. It contains no separate breach-of-the-peace, loitering or failure-to-disperse offense, and "unlawful assembly" appears as a defined term used in the rioting offense rather than as a stand-alone crime. Other public-order offenses sit in other chapters and titles.

Rioting (35-45-1-2)

An "unlawful assembly" is "an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means," and "Prior concert is not necessary to form an unlawful assembly" (IC 35-45-1-1). A person who, "being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor." Rioting is:

• a Level 6 felony if it is committed while armed with a deadly weapon, results in serious bodily injury, or causes property damage of at least $750 and less than $50,000; and
• a Level 5 felony if it results in catastrophic injury or death or causes property damage of at least $50,000.

A Level 5 felony carries "a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years," and a fine of up to $10,000 (IC 35-50-2-6(b)).

Public intoxication (IC 7.1-5-1-3)

Public intoxication is in Indiana's alcohol title, not the criminal code. Subject to section 6.5 of that chapter, "it is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance ... if the person: (1) endangers the person's life; (2) endangers the life of another person; (3) breaches the peace or is in imminent danger of breaching the peace; or (4) harasses, annoys, or alarms another person." Under this text, one of the four listed conditions must be present in addition to intoxication.

Obstruction of traffic (35-44.1-2-13)

A person who, "with the intent to obstruct vehicular or pedestrian traffic, obstructs vehicular or pedestrian traffic commits obstruction of traffic, a Class B misdemeanor." It is a Class A misdemeanor if the offense includes the use of a motor vehicle; a Level 6 felony if it results in serious bodily injury, the person blocks an authorized emergency vehicle, or the person obstructs the entryway to a facility that provides emergency medical services; and a Level 5 felony if it results in catastrophic bodily injury or death. Without the intent to obstruct, a person who "unreasonably obstructs vehicular or pedestrian traffic commits a Class C infraction."

Unlawful encroachment on a law enforcement officer (35-44.1-2-14 and -15)

A 2023 statute, section 35-44.1-2-14, makes it a Class C misdemeanor ("unlawful encroachment on an investigation") to knowingly or intentionally approach within 25 feet of an officer lawfully engaged in duties after the officer orders the person to stop approaching. In Reporters Committee for Freedom of the Press v. Rokita, No. 24-2927 (7th Cir. Aug. 5, 2025), the Seventh Circuit affirmed a preliminary injunction against enforcing section 14 against the plaintiff media organizations, agreeing that they were likely to succeed in showing it is unconstitutionally vague. On January 9, 2026 the federal district court entered a permanent injunction and final judgment barring enforcement of section 14 against the members, agents, servants and employees of those plaintiff organizations. The judgment does not strike the section for everyone, and it remains in the Code.

In 2025 the legislature added a second version, section 35-44.1-2-15, which lets an officer lawfully performing duties, who "reasonably believes that a person's presence within twenty-five (25) feet" will interfere, order the person to stop approaching. A person who then "knowingly or intentionally approaches within twenty-five (25) feet" of the officer commits unlawful encroachment on a law enforcement officer, a Class C misdemeanor (up to 60 days and $500 under IC 35-50-3-4). The Seventh Circuit noted that section 15 did not repeal section 14.

False reports, false alarms and swatting (35-44.1-2-3)

Knowingly making a false report that an explosive or destructive device has been or will be placed in a building or transportation facility, that a consumer product has been tampered with, or that a weapon of mass destruction has been placed in a building or place of assembly is false reporting, a Level 6 felony. Knowingly giving a false crime report or false information about a crime to police, a false fire alarm to a government fire department, a false ambulance request, a false missing-person report, a knowingly false misconduct complaint against an officer, or a false report that a person is dangerous, among other listed reports, is false informing, a Class B misdemeanor. It is a Class A misdemeanor if it substantially hinders any law enforcement process, "including by causing the dispatch of one (1) or more law enforcement officers," or results in harm to another person. A false dangerous-person report is at least a Class A misdemeanor, a Level 6 felony when it also hinders law enforcement, harms someone or would cause a reasonable person to feel terrorized or threatened, and a Level 5 felony when it results in serious bodily injury or death.

Threats to cause an evacuation (35-45-2-1)

Communicating a threat with intent to cause a dwelling, building, other structure or vehicle to be evacuated, or to interfere with its occupancy, is intimidation, a Class A misdemeanor. It is a Level 6 felony in listed cases, including a threat to commit a forcible felony or a threat communicated using property or electronic systems of a school corporation or other governmental entity, and a Level 5 felony in others, including when the person draws or uses a deadly weapon or the threat is to commit terrorism. A "threat" includes an expression "that would cause a reasonable person to consider the evacuation" of a building or vehicle, "even if" it is not evacuated.

Criminal trespass in Indiana

Indiana has one criminal trespass section, IC 35-43-2-2, with no numbered degrees. Subsection (b) lists twelve alternative ways to commit the offense; each is a Class A misdemeanor unless a felony aggravator applies. A Class A misdemeanor carries "a fixed term of not more than one (1) year" and a fine of "not more than five thousand dollars ($5,000)" (IC 35-50-3-2).

Entering after being denied entry, and refusing to leave

The two most common forms are in subsections (b)(1) and (b)(2). Each applies to a person who, "not having a contractual interest in the property," knowingly or intentionally:

• "enters the real property of another person after having been denied entry by the other person, that person's agent, or a law enforcement officer acting on behalf of the other person or that person's agent"; or
• "refuses to leave the real property of another person after having been asked to leave by the other person, that person's agent, or a law enforcement officer acting on behalf of the other person or that person's agent."

The words allowing a law enforcement officer acting for the owner or agent to deny entry or ask a person to leave were added by Senate Enrolled Act 219 (P.L.23-2025), effective July 1, 2025.

Subsection (b)(12) adds a form for a person who knowingly or intentionally "without permission or prior authorization, enters an area of property that is locked," or "refuses to leave an area of a property that is otherwise not accessible to the public, after being asked to leave the area of a property by a law enforcement officer or an employee or agent of the owner or operator of the property." Among the other forms in subsection (b) are entering another person's dwelling without consent, entering an agricultural operation without consent, interfering with the possession or use of another's property without consent, riding in a vehicle knowing the driver is exerting unauthorized control over it, riding a train without authority, entering agricultural operations or scientific research facilities and causing property damage, entering vacant, abandoned or unsafe property after a court order, and offenses at the polls.

A separate statute applies to campgrounds: an individual who remains on or returns to a campground "after having been asked to leave the campground under section 1 of this chapter commits criminal trespass under IC 35-43-2-2" (IC 32-32.5-2-2).

How a person is denied entry: signs, notice and Indiana's purple paint law

Under section 35-43-2-2(c), a person has been denied entry under subsection (b)(1) when denied entry by:

"(1) personal communication, oral or written; (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; (3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or (4) posting the property by placing identifying purple marks on trees or posts around the area where entry is denied."

Subsection (c) sets no required wording or letter size for a posted notice. Subsection (d) sets the purple paint rules. Each purple mark "must be readily visible to any person approaching the property" and must be placed:

• On a tree: "as a vertical line of at least eight (8) inches in length and with the bottom of the mark at least three (3) feet and not more than five (5) feet from the ground," and "not more than one hundred (100) feet from the nearest other marked tree"; or
• On a post: "with the mark covering at least the top two (2) inches of the post, and with the bottom of the mark at least three (3) feet and not more than five (5) feet six (6) inches from the ground," and "not more than thirty-six (36) feet from the nearest other marked post."

Before a purple mark that would be visible from both sides of a fence shared by different owners or lessees may be applied, "all of the owners or lessees of the properties must agree to post the properties with purple marks."

Vacant and abandoned property, and squatting

Subsection (b)(7) covers a person without a contractual interest who knowingly or intentionally enters or refuses to leave property "after having been prohibited from entering or asked to leave the property by a law enforcement officer" when the property is vacant real property or a vacant structure, or is designated by a municipal or county enforcement authority as abandoned or as an unsafe building or premises. Under subsection (e), an officer "may not deny entry to property or ask a person to leave a property under subsection (b)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring." A 2025 law, Senate Enrolled Act 157 (P.L.191-2025, effective July 1, 2025), lets an owner give law enforcement an affidavit to have a squatter removed and creates a cause of action for wrongful removal. For that process, see Indiana squatters' rights. For the rules on using force against an intruder, see Indiana self-defense laws.

Exceptions in the statute

Section 35-43-2-2(h) provides that subsections (b), (c) and (g) do not apply to, among others, "A passenger on a train," a railroad employee "while engaged in the performance of official duties," "A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties," and "A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb."

Is trespassing a felony in Indiana?

Yes, in listed circumstances. The closing paragraph of subsection (b) provides that criminal trespass "is a Level 6 felony if it is committed on a scientific research facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property." For the property-damage forms, it is a Level 6 felony under subdivision (8) "if the property damage is more than seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000)," and a Level 5 felony under subdivisions (8) and (9) "if the property damage is at least fifty thousand dollars ($50,000)."

Two related offenses are also felonies:

• Critical infrastructure facility trespass (IC 35-46-10-2): a person who, "not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person" commits a Level 6 felony. Section 35-46-10-1 lists the qualifying facilities, including chemical, refinery, steel, aluminum, pulp and paper and pharmaceutical plants, electric and natural gas utility facilities, water intake and treatment facilities, fuel terminals, ports, rail switching yards and trucking terminals, communications facilities such as cell tower sites, regulated dams and hazardous waste facilities. It excludes electric transmission rights-of-way and gas transmission pipeline property that are not completely enclosed, posted and maintained by the utility, and railroad track outside a switching yard, and section 35-46-10-0.5 provides that the chapter does not apply to conduct protected under the federal or state constitution or a state or federal law or rule, including labor-law rights.
• Residential entry (IC 35-43-2-1.5): a person who "knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Level 6 felony."

Burglary is the line above both. A person who "breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony," and it is a Level 4 felony if the building or structure is a dwelling (IC 35-43-2-1). Criminal trespass has no such intent element.

Hunting and gathering on private land

Under IC 14-22-10-1, a person may not "fish, hunt, trap, or chase," shoot with a firearm or archery equipment, or search for or gather plant life or artifacts "upon privately owned land without having the consent of the owner or tenant of the land." That section states no penalty itself; under the general penalty section for the fish and wildlife article, IC 14-22-38-1, a violation is a Class C infraction, and a knowing or intentional violation is a Class C misdemeanor (up to 60 days and $500), except as the article otherwise provides.

Street camping on public land (IC 36-1-31.5, effective July 1, 2026)

P.L.138-2026 (Senate Enrolled Act 285) added a statewide rule that a person "may not camp on, sleep on, or use for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law." An officer who discovers a violation "shall first determine if there are reasonable grounds for an emergency detention of the person." Under subsection (d), a knowing or intentional violation is street camping, a Class C misdemeanor (up to 60 days and $500), only if:

• the emergency-detention provision does not apply;
• the person has received a warning;
• at least 48 hours have passed since the warning; and
• the person is camping, sleeping or sheltering on state or local government land within a 300-foot radius of where the warning was issued.

Subsection (f) makes it a defense that "no beds are available to the person at a shelter or treatment facility located within five (5) miles of the location where the violation occurred," or that less than six months have passed since the person was released from a facility where the person was held after a finding of mental illness and grave disability or dangerousness under IC 12-26. Section 36-1-31.5-3 bars a political subdivision from adopting a policy that prohibits or discourages enforcement of an order or ordinance prohibiting public camping, sleeping or sidewalk obstruction.

Penalties at a glance

The misdemeanor ranges come from IC 35-50-3-2 (Class A), 35-50-3-3 (Class B) and 35-50-3-4 (Class C, "not more than sixty (60) days" and up to $500). The Level 6 range is in IC 35-50-2-7(b) and the Level 5 range in IC 35-50-2-6(b). For the full table of Indiana felony levels and misdemeanor classes, see Indiana felony and misdemeanor classes.

Recent changes

• P.L.138-2026 (Senate Enrolled Act 285), effective July 1, 2026: added IC 36-1-31.5, the street camping offense, a Class C misdemeanor only after a warning, a 48-hour wait and within 300 feet of the warning location, with the shelter-bed and mental-health-release defenses.
• P.L.23-2025 (Senate Enrolled Act 219), effective July 1, 2025: amended IC 35-43-2-2(b)(1) and (b)(2) so that a law enforcement officer acting on behalf of the owner or the owner's agent can deny entry or ask a person to leave.
• Reporters Committee v. Rokita, January 9, 2026: the federal district court in Indianapolis permanently enjoined enforcement of IC 35-44.1-2-14 against the plaintiff media organizations and their members, agents, servants and employees, after the Seventh Circuit affirmed the preliminary injunction on August 5, 2025.
• P.L.191-2025 (Senate Enrolled Act 157), effective July 1, 2025: created the squatter affidavit-and-removal procedure.
• P.L.4-2025: added IC 35-44.1-2-15, unlawful encroachment on a law enforcement officer within 25 feet after an order to stop approaching.
• P.L.67-2023: added IC 35-44.1-2-14, unlawful encroachment on an investigation.
• P.L.94-2021: amended the rioting statute, IC 35-45-1-2.

Federal law separately governs conduct on federal property and at the U.S. Capitol; our disorderly conduct and trespass laws by state guide covers that layer.

Related

• Disorderly conduct and trespass laws by state
• Indiana noise laws
• Indiana felony and misdemeanor classes
• Indiana squatters' rights
• Indiana self-defense laws
• Indiana assault and battery laws
• How to charge someone with trespassing

This article provides general legal information about Indiana's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Indiana.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Indiana?

Under IC 35-45-1-3(a), a person commits disorderly conduct by recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly of persons.

Is disorderly conduct a misdemeanor in Indiana?

Usually. It is a Class B misdemeanor, up to 180 days and $1,000. It is a Level 6 felony if it adversely affects airport security at an airport, or is committed within 500 feet of a burial, known funeral procession, or funeral, memorial service or viewing and adversely affects it.

Can you get disorderly conduct for swearing in Indiana?

Section 35-45-1-3 has no clause about abusive or offensive language, but loud speech, including profanity, can fall under its noise form if it is unreasonable and continues after a request to stop. For political expression, the Indiana Supreme Court limited that form in Price v. State (1993) to noise that inflicts harm on identifiable people comparable to harm that would support tort liability.

Is public intoxication a crime in Indiana?

Yes, in limited circumstances. Under IC 7.1-5-1-3 it is a Class B misdemeanor to be intoxicated in a public place or place of public resort if the person endangers their own or another's life, breaches the peace or is in imminent danger of doing so, or harasses, annoys or alarms another person.

Is trespassing a felony in Indiana?

Criminal trespass is a Class A misdemeanor, but it is a Level 6 felony on a scientific research facility, a public utility facility, school property or a school bus, or with a prior unrelated conviction for the same property, and a Level 6 or Level 5 felony in the property-damage forms. Critical infrastructure facility trespass and residential entry are separate Level 6 felonies.

Does Indiana have a purple paint law?

Yes. IC 35-43-2-2(c)(4) and (d) let an owner deny entry with purple marks: on trees, vertical lines at least 8 inches long, bottom 3 to 5 feet up, no more than 100 feet apart; on posts, covering at least the top 2 inches, bottom 3 feet to 5 feet 6 inches up, no more than 36 feet apart.

What happens if a store tells you to leave in Indiana?

Under IC 35-43-2-2(b)(2), a person without a contractual interest in the property who knowingly or intentionally refuses to leave after being asked by the owner, the owner's agent, or a law enforcement officer acting for them commits criminal trespass, a Class A misdemeanor.

Is it illegal to sleep outside on public land in Indiana?

Since July 1, 2026, IC 36-1-31.5 bars camping, sleeping or long-term shelter on state or local government land not authorized for that use. It is a Class C misdemeanor only after a warning, at least 48 hours, and within 300 feet of the warning location, and the statute provides defenses when no shelter bed is available within 5 miles or after a recent mental-health hold.