646 Ind. Admin. Code 5-13-2

Current through May 8, 2024

Section 646 IAC 5-13-2 - Definitions

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4-8-1; IC 22-4.1; IC 35-47; IC 35-47.5-2-4

Sec. 2.

The following definitions apply throughout this rule:

(1) Except as provided in clause (D), "deadly weapon" means any of the following:

(A) A loaded or unloaded firearm (as defined in IC 35-47-1-5).

(B) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3), electronic stun weapon (as defined in IC 35-47-8-1), or stun gun (as defined in IC 35-47-8-2), equipment, including knives, chemical substance, or other material, that, in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.

(C) A biological disease, virus, or organism that is capable of causing serious bodily injury.

(D) The term does not include:

(i) a taser (as defined in IC 35-47-8-3) ;

(ii) an electronic stun weapon (as defined in IC 35-47-8-1) ;

(iii) a chemical designed to temporarily incapacitate a person; or

(iv) another device designed to temporarily incapacitate a person; if the device described in items (i) through (iv) is used by a law enforcement officer who has been trained in the use of the device and who uses the device in accordance with the law enforcement officer's training and while lawfully engaged in the execution of official duties.

(2) "Destructive device" has the meaning set forth in IC 35-47.5-2-4.

(3) "Person" means the following:

(A) Visitors.

(B) Invitees.

(C) State employees.

(D) Contractors.

(E) Agents.

(4) "Possession" means on or about a person's body or clothing, or in any:

(A) purse;

(B) backpack;

(C) cooler;

(D) sack;

(E) carrier; or

(F) other container; carried by the person or under that person's direct and immediate control.

(5) "Terrorism" means the unlawful use of force or violence or the unlawful threat of force or violence to intimidate or coerce a government or all or part of the civilian population (as defined in IC 35-41-1-26.5[IC 35-41-1-26.5 was repealed by P.L. 114-2012, SECTION 132, effective July 1, 2012.]).

(6) "Weapon of mass destruction" has the meaning set forth in IC 35-41-1-29.4[IC 35-41-1-29.4 was repealed by P.L. 114-2012, SECTION 136, effective July 1, 2012.].

646 IAC 5-13-2

Department of Workforce Development; 646 IAC 5-13-2; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA