In Indiana, a NOVOP charge is neglect of a dependent, a felony offense defined by Indiana Code 35-46-1-4. “NOVOP” is courthouse shorthand, not a term found in the statute itself. The charge starts as a Level 6 felony and can climb through Level 5, Level 3, and Level 1, with sentences running from six months at the low end to 40 years at the top. Which tier applies depends almost entirely on what happened to the dependent.
What NOVOP Actually Means
NOVOP stands for “neglect of a dependent,” the shorthand prosecutors, defense lawyers, and court staff use when referring to charges filed under IC 35-46-1-4.1Indiana General Assembly. Indiana Code 35-46-1-4 – Neglect of a Dependent; Child Selling The statute criminalizes a caregiver’s failure to protect a dependent from harm or to provide for a dependent’s basic needs. It is a felony at every level, and even the base offense carries prison time.
Who Counts as a Dependent
Indiana law defines a dependent as either an unemancipated person under 18 or a person of any age with a mental or physical disability.2Indiana General Assembly. Indiana Code 35-46-1-1 – Definitions That second category catches a lot of situations people don’t initially associate with “neglect of a dependent”: an adult child looking after an elderly parent with dementia, or a group home staffer responsible for a resident with a developmental disability, falls under the statute just as squarely as a parent of a toddler.
The caregiver side of the statute is also broad. It applies to anyone “having the care of a dependent, whether assumed voluntarily or because of a legal obligation.” Babysitters, daycare workers, foster parents, teachers in a supervisory role, and relatives who have taken over caregiving all fit, not just biological parents.
What Conduct the Statute Covers
IC 35-46-1-4 lists four categories of behavior that constitute neglect:
- Placing the dependent in a situation that threatens their life or health.
- Abandoning the dependent or confining them in cruel conditions.
- Withholding necessary support — food, shelter, medical care, or similar essentials.
- Depriving the dependent of a legally required education.
Education deprivation stays a Level 6 felony regardless of outcome. The other three categories drive the escalation tiers because they can cause physical harm.
Importantly, the state has to prove the caregiver acted knowingly or intentionally. Pure accident is not enough. The prosecution must show you were aware of the risk your conduct created, or that you deliberately chose not to act when you had a duty to.
How the Penalty Level Is Determined
Indiana’s neglect statute uses a tier system, and the tier controls everything about sentencing exposure. Each level comes with its own sentencing range and advisory sentence.
Level 6 Felony: The Base Offense
When neglect does not result in physical injury, the charge is a Level 6 felony. The range is six months to two and a half years in prison, with an advisory sentence of one year, plus a fine of up to $10,000.3Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony; Level 6 Felony
Indiana law allows a Level 6 felony to be entered as a Class A misdemeanor in some cases at the court’s discretion, which would carry up to one year in jail and a fine of up to $5,000.4Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor Whether a judge takes that step turns on your criminal history, the facts of the case, and what your attorney argues at sentencing.
Level 5 Felony: Bodily Injury or Specific Aggravators
The charge becomes a Level 5 felony in two scenarios. The first is when neglect results in bodily injury to the dependent. The second is when the neglect occurs in connection with certain drug offenses, such as manufacturing methamphetamine or dealing cocaine.1Indiana General Assembly. Indiana Code 35-46-1-4 – Neglect of a Dependent; Child Selling
A separate Level 5 track covers cruel confinement or abandonment that deprives a dependent of food, water, or sanitary facilities; confines someone in an area not meant for human habitation; or involves restraining a dependent with handcuffs, rope, cord, or tape.
Level 5 felonies carry one to six years in prison with an advisory sentence of three years, plus a fine of up to $10,000.5Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony; Level 5 Felony
Level 3 Felony: Serious Bodily Injury
If neglect causes serious bodily injury, the charge jumps to a Level 3 felony. The range is three to 16 years in prison, the advisory sentence is nine years, and the maximum fine is $10,000.6Indiana General Assembly. Indiana Code 35-50-2-5 – Class B Felony; Level 3 Felony The gap between Level 5 and Level 3 is substantial, and the whole dispute often comes down to how the injury is classified.
Level 1 Felony: Death or Catastrophic Injury
The top tier applies when neglect results in the death or catastrophic injury of a dependent, but only when the offender is at least 18 and the victim is either under 14 or a dependent of any age with a mental or physical disability.1Indiana General Assembly. Indiana Code 35-46-1-4 – Neglect of a Dependent; Child Selling Those age and disability qualifiers can decide the case. A 15-year-old with no disability does not trigger the Level 1 enhancement even if the dependent dies.
A Level 1 felony carries 20 to 40 years in prison with an advisory sentence of 30 years and a fine of up to $10,000.7Indiana General Assembly. Indiana Code 35-50-2-4 – Class A Felony; Level 1 Felony
The Injury Definitions That Move the Tier
Because the penalty tracks the injury, the statutory definitions do real work. Three terms matter.
Bodily injury is any impairment of physical condition, including physical pain. A bruise, a small cut, or a child’s complaint of pain from a fall can meet it. This is the Level 5 threshold.
Serious bodily injury, defined in IC 35-31.5-2-292, means an injury that creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss of a bodily function, or loss of a fetus.8Indiana General Assembly. Indiana Code 35-31.5-2-292 – Serious Bodily Injury Hitting any one item on the list is enough to move the charge from Level 5 to Level 3.
Catastrophic injury describes harm so severe that the person’s ability to live independently is significantly impaired for a prolonged period. Along with death, it triggers the Level 1 enhancement. The space between serious bodily injury and catastrophic injury can be the difference between a 16-year ceiling and a 40-year ceiling.
The Parallel DCS Case
A criminal neglect charge almost always runs alongside an investigation by the Indiana Department of Child Services. DCS operates on its own track and can act before the criminal case is anywhere near resolved. If DCS concludes a child’s condition is seriously impaired or endangered by a parent’s or guardian’s neglect, the agency can seek removal of the child from the home and file a Child in Need of Services (CHINS) petition.9Indiana Department of Child Services. Removals from Parents, Guardians, or Custodians
The practical point: the standard of proof in a CHINS case is lower than in a criminal prosecution. Even an acquittal in criminal court does not guarantee you avoid losing custody on the civil side.
Life After a Conviction
The prison sentence and fine are only part of what a conviction brings.
- Indiana law disqualifies people convicted under IC 35-46-1-4 from working in many caregiving roles, including childcare facilities, schools, and healthcare settings. Background checks surface the offense immediately.
- Any felony conviction in Indiana costs you your right to possess a firearm under both state and federal law.
- Public housing is not off-limits by federal rule, but local housing authorities have broad discretion to deny applicants based on criminal history, and a neglect conviction involving a child is the kind of offense they weigh heavily.10HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other Housing Funded by HUD?
- Nursing licenses, teaching credentials, and other professional certifications involving vulnerable populations can be revoked or denied after a neglect conviction.
- Voting rights are suspended during incarceration and restored upon release.
How These Cases Are Defended
Defense in a NOVOP case usually begins with causation. The state has to prove your conduct was a direct cause of the dependent’s injury or death. A pre-existing medical condition, an accident no reasonable caregiver could have prevented, or responsibility that actually lies with another person in the household are all territory a defense attorney will develop.
The injury classification is another frequent battleground. A prosecutor filing a Level 3 felony has to prove serious bodily injury as the statute defines it. Did the fracture create a substantial risk of death? Was the pain truly extreme by the statutory standard? Was any loss of function protracted? Medical expert testimony typically carries this part of the case.
Mental state matters too. The statute requires knowing or intentional conduct, so a caregiver who genuinely did not recognize the risk has a real argument on the intent element. Courts draw a line between knowing about a risk and ignoring it versus simply not seeing it. Financial hardship, mental health crises, or cognitive limitations often work better as sentencing mitigation than as outright trial defenses, but they can still change outcomes.
Standard procedural challenges also apply. Evidence obtained through an unlawful search, statements taken without Miranda warnings, or speedy trial violations can support motions to suppress or dismiss. Statements made to DCS workers deserve particular scrutiny, because they are often taken in circumstances the defense can challenge later.