Indiana Stalking Penalties (2026)

Stalking and criminal harassment charges charges in Indiana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing stalking charges in Indiana, consult a licensed Indiana criminal defense attorney.

Indiana Stalking Penalties

OffensePenalty
First OffenseLevel 6 felony: 6 months-2.5 years
Second OffenseLevel 5 felony (repeat): 1-6 years

IC §35-45-10-5

Stalking Statute of Limitations in Indiana

In Indiana, the statute of limitations for stalking is generally 5 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Indiana.

See all Indiana statutes of limitations →

Defending Against Stalking Charges in Indiana

Common defenses in Indiana stalking cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Indiana criminal defense attorney for advice.

Related Indiana Laws