Indiana Elder Abuse Statute: Penalties, Reporting, and Remedies

Indiana elder abuse laws don’t use the phrase “elder abuse” at all. Instead, the criminal code under Title 35, Article 46, Chapter 1 protects “endangered adults,” meaning people who cannot manage their own care or property because of conditions like dementia, mental illness, or physical incapacity.1Justia. Indiana Code Title 35, Article 46, Chapter 1 – Offenses Against the Family Battery, neglect, and financial exploitation of these adults are separate crimes carrying penalties from a Class B misdemeanor up to a Level 3 felony with as much as 16 years in prison. Reporting suspected abuse is mandatory for every Indiana resident, not just professionals.

Who the Law Protects

The threshold question in any Indiana elder abuse case is whether the alleged victim qualifies as an “endangered adult.” IC 35-46-1-1 borrows the definition from IC 12-10-3-2: an individual at least 18 years old who cannot manage their own property or self-care due to mental illness, intellectual disability, dementia, habitual substance abuse, or another physical or mental incapacity.1Justia. Indiana Code Title 35, Article 46, Chapter 1 – Offenses Against the Family

Age alone doesn’t answer the question. A healthy 75-year-old wouldn’t automatically qualify, while an 80-year-old with advanced Alzheimer’s would. Prosecutors have to prove both that abuse occurred and that the victim met the incapacity standard when it happened.

Indiana’s consumer protection statutes separately define a “senior citizen” as any Indiana resident aged 60 or older.2Indiana General Assembly. Indiana Code 24-4.6-4-3 – Senior Citizen Defined That definition applies to consumer fraud matters and does not extend the reach of the criminal abuse statutes.

What Counts as Abuse

IC 35-46-1-13 groups the criminal conduct into three categories: battery, neglect, and exploitation of an endangered adult or a person with a mental or physical disability.3Indiana General Assembly. Indiana Code 35-46-1-13 – Battery, Neglect, or Exploitation of Endangered Adult or Person With Mental or Physical Disability

Battery covers intentional physical harm: hitting, pushing, improper restraint, or any act causing bodily injury. The charge level rises with the severity of the injury.

Neglect means failing to provide necessary care when you have a legal duty to do so, whether that’s food, medication, hygiene, shelter, or medical treatment. Neglect doesn’t require an intent to harm. Recklessly ignoring an endangered adult’s basic needs is enough.

Financial exploitation is addressed in its own statute, IC 35-46-1-12, which makes it a crime to recklessly use or take control over an endangered adult’s property or personal services. The statute targets people in “positions of trust,” meaning anyone with care responsibilities for the vulnerable person or a professional relationship allowing undue influence. It also defines “self-dealing” as using the adult’s property for a benefit grossly disproportionate to any goods or services provided in return.4Indiana General Assembly. Indiana Code 35-46-1-12 – Exploitation of a Dependent or an Endangered Adult

Penalties

The charge level tracks the type of abuse and the harm caused. Indiana uses a felony Level system, with Level 1 the most serious.

Felony Levels

  • Level 6 felony: 6 months to 2.5 years in prison, advisory sentence of 1 year, plus a fine of up to $10,000. This is the baseline for many exploitation and neglect offenses without severe physical harm.5Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony
  • Level 5 felony: 1 to 6 years in prison, advisory sentence of 3 years, plus a fine of up to $10,000. Cases involving greater harm or aggravating circumstances can reach this level.6Indiana General Assembly. Indiana Code 35-50-2-6 – Level 5 Felony
  • Level 3 felony: 3 to 16 years in prison, advisory sentence of 9 years, plus a fine of up to $10,000. This applies when the offense results in serious bodily injury.7Indiana General Assembly. Indiana Code 35-50-2-5 – Level 3 Felony

Courts can also impose probation conditions such as mandatory counseling, supervised contact restrictions, and community service.

Misdemeanor Levels

Less severe cases can be charged as misdemeanors:

Who Has to Report

Indiana’s mandatory reporting duty applies to everyone. Under IC 12-10-3-9, any person who believes or has reason to believe another individual is an endangered adult must file a report.10Indiana General Assembly. Indiana Code 12-10-3-9 – Mandatory Reporting There is no list of exempt professions.

People who encounter suspected abuse in their professional capacity at a hospital, care facility, school, or social service agency have an added step: they must immediately notify the person in charge of their institution, who then becomes responsible for making sure a report is filed. That institutional notification does not relieve the individual of the personal duty to report if one hasn’t already been made.10Indiana General Assembly. Indiana Code 12-10-3-9 – Mandatory Reporting

Failing to report when you have reason to believe abuse is occurring is a Class B misdemeanor under IC 35-46-1-13, carrying up to 180 days in jail and a fine of up to $1,000.3Indiana General Assembly. Indiana Code 35-46-1-13 – Battery, Neglect, or Exploitation of Endangered Adult or Person With Mental or Physical Disability

How to File a Report

Suspected abuse can be reported to Indiana Adult Protective Services through several channels:

  • Phone: 800-992-6978 (toll-free, 24/7)
  • Online: inaps.in.gov
  • More information: in.gov/fssa/da/adult-protective-services

Call local law enforcement directly if the situation appears immediately dangerous. For financial exploitation, the U.S. Department of Justice runs the National Elder Fraud Hotline at 833-372-8311, and complaints can also go to the FBI’s Internet Crime Complaint Center at ic3.gov.11Internet Crime Complaint Center (IC3). Elder Fraud Brochure

Restitution and Civil Remedies

Criminal prosecution is not the only path. Indiana law gives crime victims the right to pursue restitution as part of criminal sentencing and to seek separate civil remedies against the convicted person.12Indiana General Assembly. Indiana Code 35-40-5-7 – Right to Restitution and Civil Remedies Restitution in criminal cases can cover stolen funds, medical expenses tied to injuries, and the cost of replacement care.

Civil lawsuits allow victims or their families to seek broader compensation, including damages for pain and suffering that criminal restitution typically doesn’t reach. Nursing homes and care facilities can be held civilly liable for employee abuse under theories of negligent hiring, inadequate supervision, or vicarious liability. The civil path runs independently of any criminal case, so families can pursue both at the same time.

For financial exploitation, speed matters. Freezing the victim’s credit reports with Equifax, Experian, and TransUnion can prevent further damage while the case is investigated. Federal law makes credit freezes free to place and to lift.

Emergency Protective Orders

When an endangered adult faces a life-threatening situation and either can’t consent to protective services or has withdrawn earlier consent, IC 12-10-3-28 lets an adult protective services unit petition the local superior or circuit court for an emergency protective order, either directly or through the county prosecutor.13Indiana General Assembly. Indiana Code 12-10-3-28 – Emergency Protective Order The petition must be sworn and must include the adult’s name, age, and residence along with a description of the emergency. This tool is built for situations where someone is in immediate danger but doesn’t recognize it, or where an abuser is preventing them from accepting help.