Effects of Battery Statute

• [The effects of battery statute] applies under the following circumstances when the defendant in a prosecution raises the issue that the defendant was at the time of the alleged crime suffering from the effects of battery as a result of the past course of conduct of the individual who is the victim of the alleged crime:

(1) The defendant raises the issue that the defendant was not responsible as a result of mental disease or defect under [IC 35-41-3-6], rendering the defendant unable to appreciate the wrongfulness of the conduct at the time of the crime.

(2) The defendant claims to have used justifiable reasonable force under [IC 35-41-3-2]. The defendant has the burden of going forward to produce evidence from which a trier of fact could find support for the reasonableness of the defendant’s belief in the imminence of the use of unlawful force or, when deadly force is employed, the imminence of serious bodily injury to the defendant or a third person or the commission of a forcible felony.

IC 35-41-3-11(b)

• For more information about the insanity defense under IC 35-41-3-6, please review Insanity.

• For more information about claims of self-defense under IC 35-41-3-2, please review Self-Defense.

Relationship to battered women’s syndrome

• Although not limited by its terms to battered women, [IC 35-41-3-11] typically comes into play with respect to efforts to introduce evidence of battered women’s syndrome in defense of a charge against the mistreated victim.

Marley v. State, 747 N.E.2d 1123, 1127 (Ind. 2001)


• [I]f the purpose of [IC 35-41-3-11] was to require that battered women’s syndrome evidence be limited to self-defense and insanity, the language chosen is less than clear. Nevertheless, we agree with the trial court that the statute is intended to have that effect, if for no other reason than it would otherwise be meaningless as to insanity.

Marley v. State, 747 N.E.2d 1123,1127-28 (Ind. 2001)


• If a defendant proposes to claim the use of justifiable reasonable force under [IC 35-41-3-11(b)(2)], the defendant must file a written motion of that intent with the trial court not later than:

(1) twenty (20) days if the defendant is charged with a felony; or

(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;

before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before the commencement of the trial.

IC 35-41-3-11(c)

• [IC 35-41-3-11] imposes notice requirements on a defendant claiming self-defense, but has no comparable provision with respect to insanity. Presumably the absence of any notice requirement with respect to insanity is because the insanity defense statute has its own notice requirement. Self-defense has no similar provision.

Marley v. State, 747 N.E.2d 1123, 1127 (Ind. 2001)(internal citation omitted)

• For more information about the notice requirement of the insanity defense, please review Pretrial Matters.

Definition of “defendant”

• As used in this section, “defendant” refers to an individual charged with any crime involving the use of force against a person.

IC 35-41-3-11(a)