A Righteous Legal Loophole
Under Indiana Code section 35-42-2-1.3(b)(2), a person who knowingly or intentionally touches his current or former spouse (or baby momma, or similarly related person) in a rude, insolent or angry manner resulting in bodily injury, and does so in the physical presence of a child less than 16 years old, commits a Class D felony Domestic Battery.
On the other hand, under Indiana Code section 35-42-2-1(a)(2)(M), a person 18 or older who knowingly or intentionally touches his current or former spouse (or other family or household member) in a rude, insolent or angry manner resulting in bodily injury, and does so in the physical presence of a child less than 16 years old, also commits a Class D felony Battery. But it’s not a Domestic Battery. (more…)
