{"data":{"id":"us-in/ic-7.1-5-1-6.5","jurisdiction":"us-in","citation":"IC 7.1-5-1-6.5","heading":"Request of medical assistance, victim of sex offense, crime witness; prohibited from being taken into custody; immunity from criminal prosecution; actions against law enforcement officers","body":"Sec. 6.5. (a) A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol described in subsection (b) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:\n(1) The law enforcement officer has contact with the person because the person:\n(A) either:\n(i) requested emergency medical assistance; or\n(ii) acted in concert with another person who requested emergency medical assistance;\nfor an individual who reasonably appeared to be in need of medical assistance;\n(B) is the victim of a reported sex offense (as defined in IC 11-8-8-5.2); or\n(C) witnessed and reported what the person reasonably believed to be a crime.\n(2) The person described in subdivision (1)(A), (1)(B), or (1)(C):\n(A) provided:\n(i) the person's full name; and\n(ii) any other relevant information requested by the law enforcement officer; and\n(B) in the case of a person described in subdivision (1)(A):\n(i) remained at the scene with the individual who reasonably appeared to be in need of medical assistance until emergency medical assistance arrived; and\n(ii) cooperated with emergency medical assistance personnel and law enforcement officers at the scene.\n(b) A person who meets the criteria of subsection (a)(1) and (a)(2) is immune from criminal prosecution for an offense under:\n(1) section 3 of this chapter if the offense involved a state of intoxication caused by the person's use of alcohol;\n(2) section 6 of this chapter if the offense involved the person being, or becoming, intoxicated as a result of the person's use of alcohol; and\n(3) IC 7.1-5-7-7.\n(c) An individual reasonably believed to be suffering from a health condition which is the direct result of alcohol consumption and who is assisted by a person under subsection (a)(1)(A) is immune from criminal prosecution for an offense under:\n(1) section 3 of this chapter if the offense involved a state of intoxication caused by the individual's use of alcohol;\n(2) section 6 of this chapter if the offense involved the individual being, or becoming, intoxicated as a result of the individual's use of alcohol; and\n(3) IC 7.1-5-7-7.\n(d) A person may not initiate or maintain an action against a law enforcement officer based on the officer's compliance or failure to comply with this section.","path":["TITLE 7.1. ALCOHOL AND TOBACCO","ARTICLE 5. CRIMES AND INFRACTIONS","Chapter 1. General Provisions; Public Intoxication"],"source_url":"https://iga.in.gov/ic/2026/Title_7.1.html#7.1-5-1-6.5","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-12T01:57:19Z","sha256":"b2218e3c02cc57759774608f7edc44bbf9a08cb0499d0d41f2c3b2a0d26f208e","source_id":"us-in","stale":false,"prev":"us-in/ic-7.1-5-1-6","next":"us-in/ic-7.1-5-1-6.6"},"notice":"GroundRules: Original legal text. Not legal advice."}