Disarming an Officer
Elements
• A person who:
(1) knows that another person is an officer; and
(2) knowingly or intentionally takes or attempts to take a firearm (as defined in IC 35-47-1-5) or weapon that the officer is authorized to carry from the officer or from the immediate proximity of the officer:
(A) without the consent of the officer; and
(B) while the officer is engaged in the performance of the officer's official duties;
commits disarming a law enforcement officer, a Level 5 felony.
Enhancements
• [T]he offense is a Level 3 felony if it results in serious bodily injury to a law enforcement officer . . . .
• [T]he offense is a Level 1 felony if it results in death to a law enforcement officer.
Definition of “officer”
• As used in this section, “officer” includes the following:
(1) A person employed by:
(A) the department of correction;
(B) a law enforcement agency;
(C) a probation department;
(D) a county jail; or
(E) a circuit, superior, county, probate, city, or town court;
who is required to carry a firearm in performance of the person's official duties.
(2) A law enforcement officer.
Definitions and interpretations of “firearm”
• For definitions and interpretations “firearm,” please review Firearm.
Definitions and interpretations of “weapon”
• For definitions and interpretations of “weapon,” please review Weapon.
Interpretations of “officer’s official duties”
• For interpretations of “officer’s official duties,” please review Officer’s Official Duties.
Definitions and interpretations of “serious bodily injury”
• For definitions and interpretations of “serious bodily injury,” please review Serious Bodily Injury.