Odd Indiana laws

January 17, 2011
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A recent appearance by former Marion County Prosecutor Carl Brizzi on an Indianapolis-area radio morning show prompted a discussion among Indiana Lawyer staffers about strange laws in Indiana. I just caught the tail end of Brizzi’s time on the show, but he had to answer a multiple-choice question as to which of the listed things were illegal in Indiana. If he got it correct, a caller would win a prize.

His question was something like “which of the following is illegal under Indiana law: visiting a hypnotist without a physician’s referral to lose weight, stop smoking, or stop swearing?” He answered correctly: stop swearing.

Indiana Code 25-20.5-1-23 made it illegal for a hypnotist to treat someone without a doctor’s referral for mental illness, addictions, various orders, pain control, or in preparation for a medical or dental procedure. But you could go see a hypnotist legally to lose weight or stop smoking without having your doctor OK it. I did some double checking, and it appears I.C. 25-20.5 has been repealed, so feel free to see a hypnotist for any reason with a clear conscience.

I did a search online and came across websites that listed “dumb” and “stupid” Indiana laws, but the majority of them have since been repealed or were no longer listed when I searched the code. Apparently hotel sheets had to be exactly 99 inches long and 81 inches wide, baths couldn’t be taken from October to March (gosh, Indiana must have been smelly in the winters), and a man over the age of 18 could be arrested for statutory rape if the female passenger in his car wasn’t wearing socks and shoes and was under the age of 17.

I did find two on the site that were still in effect. It’s against the law to catch a fish with dynamite, firearms, crossbow, or your bare hands, although it would be a pretty impressive feat to grab a fish or shoot it with a crossbow.

Another strange law - Liquor stores can’t sell cold soft drinks or water. I don’t know the back story as to why, perhaps to prevent children from wanting to come in and buy a soda or decrease the chance that you’ll break open your freshly purchased bottle of rum and mix it with a cold soda right then and there?

As lawyers and judges, you must have come across some odd laws. We’d like to know what you’ve found as you’ve practiced. Feel free to include ones that you know have since been repealed.

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  • Indiana Pi Bill
    The strangest Indiana law that I had ever heard of was a bill, not a law. In 1897, an Indiana Representative introduced a bill into the General Assembly to have pi mean something other than "3.a string of numbers." Wikipedia even has an article about it:

    http://en.wikipedia.org/wiki/Indiana_Pi_Bill
  • Baseball on Sunday and English First
    2 nominees:

    Code of 1886 or thereabouts: Article 3, Section 313 of Crimes and Criminal Procedure: It was against the law for any person to play baseball where a fee was charged, or where a prize or reward depended on the result, on "the first day of the week, commonly known as Sunday." Misdemeanor punishable by a fine of $25.

    And, though not a criminal law, but one of interest in view of legislation relating to language in government documents, the Code of 1852 required that the Constitution and Laws of Indiana be published in English and German.
  • Indiana Pi Bill
    Ri are round, cornbread are square

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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