What Is the Knife Law in Indiana Schools?
Indiana law addresses the concern for student safety by banning the possession of knives on school property. The law is applicable not only to students but to teachers, parents and visiting adults. However, the law does afford room for common sense and some exceptions can be made with prior approval. Knowing the law and abiding by it is the best way to avoid potential troubles.
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Location of the Law in the State Code
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The prohibition of knives on school property is part of the state code adopted by the Indiana General Assembly. Specifically, knives on school property is addressed in Title 35, Article 47, Chapter 5: "Prohibited Instruments of Violence." Section 2.5, regarding the ban on knives on school property, was last amended in 2006 and remains in force.
Prohibited Items
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Virtually all types of knives are explicitly or implicitly addressed by the law. The Indiana ban on knives specifies that a knife is "an instrument that: (1) consists of a sharp-edged or sharp-pointed blade capable of inflicting cutting, stabbing or tearing wounds; and (2) is intended to be used as a weapon. The term includes a dagger, dirk, poniard, stiletto, switchblade knife or gravity knife." It is criminal to possess any item that falls under this definition on school property in Indiana.
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Applicable Locations
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As defined by the Indiana Legislature, the law banning knives from school grounds is not restricted to the physical structures of the school. The law also applies to school buses and "special purpose buses." which are defined in Indiana Code 20-27-2-8 and 20-27-2-10. "School property" is defined at Indiana Code 35-41-1-24.7 and incorporates the campus surrounding the school and school parking lots. This definition is not exclusive of public schools, and contrary to popular belief, the law can be applied to many situations outside the scope of the public K-12 system.
Exemptions and Special Circumstances
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If prior permission is obtained from appropriate school officials, individuals are allowed to have a knife on school property to be used for an authorized purpose. Also, the law does not apply if the knife is "secured in a motor vehicle," meaning that it's OK for adults to leave knives in their car when visiting a school. However, high school students who drive to school and keep a knife in their car are still subject to the student code of conduct administered by their school. As such, a school can decide to expel or otherwise discipline a student found to have a knife in his car while it is parked on school property, even if the knife isn't carried on his person.
Criminal Prosecution of Offenses
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Being caught with a knife on school property is a Class B misdemeanor. In its most general application, Indiana law classifies possession of a knife on school property as a Class B misdemeanor. However, someone can face a Class A misdemeanor if he has previously been convicted of possessing a knife on school property. Additionally, if possession of a knife on school property results in bodily injury to another person, the offense is elevated to a Class D felony.
Ban of Firearms on School Property
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Guns on school property are prohibited by a different set of laws. A separate area of Indiana law prohibits possession of firearms on school property. These laws are found in the Indiana Code at Title 35, Article 47, Chapter 9.
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References
- Photo Credit knife image by Mat Hayward from Fotolia.com steel kitchen knives image by Warren Millar from Fotolia.com gavel image by Cora Reed from Fotolia.com gun image by dinostock from Fotolia.com