1. (a) Except as provided in subsection (b), before using any military force to disperse an unlawful assembly (as defined in IC 35-45-1-1 ):

   1. (1) the civil officer calling out the military force or a law enforcement officer; or

   2. (2) if a civil officer or law enforcement officer is not present, the officer in command of the troops or the officer's designee;

      shall command the persons comprising the unlawful assembly to disperse and retire peaceably to their homes or businesses. A particular form of words is not required in ordering the dispersion of any unlawful assembly.

2. (b) A person is not required to order an unlawful assembly to disperse if:

   1. (1) giving the order to disperse would put the person in imminent danger of loss of life or great bodily harm; or

   2. (2) the unlawful assembly is engaged in the commission of any felony or is causing violence to a person or property.

      [Pre-2003 Recodification Citation: 10-2-4-8.]

As added by P.L.2-2003, SEC.7.