Section 34-30-3-2 - Immunity from civil liability(a) The definitions set forth in IC 22-11-20 apply to this section.(b) Except as provided in subsection (c), the victim or an agent of the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC 35-43-4-3) of: (1) anhydrous ammonia (NH3);(2) an ammonia solution; or(3) a container used to store or transport anhydrous ammonia or an ammonia solution; is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4.
(c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if: (1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or(2) the victim's or agent's willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:(E) operation; of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.
As added by P.L. 17-2001, SEC.10.