(b) The offense of criminal recklessness as defined in subsection (a) is:

1. (1) a Level 6 felony if:

   1. (A) it is committed while armed with a deadly weapon; or
   2. (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in serious bodily injury to another person; or

2. (2) a Level 5 felony if:

   1. (A) it is committed by shooting a firearm into an occupied motor vehicle, an inhabited dwelling, or another building or place where people are likely to be present; or
   2. (B) the person committed aggressive driving (as defined in IC 9-21-8-55 ) that results in the death or catastrophic injury of another person.

(c) A person who:

1. (1) is a passenger in a vehicle whose operator has committed an offense under subsection (a) or (b); and

2. (2) points a firearm at another person, a motor vehicle, a dwelling, or another building or place where people are likely to be present;

   commits criminal recklessness, a Level 6 felony. It is not a defense to a prosecution under this section that the operator of the motor vehicle has not been charged with or convicted of an offense under this section.

   As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3; P.L.158-2013, SEC.423; P.L.184-2019, SEC.11; P.L.238-2025, SEC.86.