Sec. 1. (a) An individual, except an individual exempted under IC 9-24-1-7 , who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driver's license commits a Class C misdemeanor. However, the offense is a: (1) Class A misdemeanor if the individual has a prior unrelated conviction under this section; (2) Class A misdemeanor if the operation of the motor vehicle results in bodily injury; (3) Level 6 felony if the operation of the motor vehicle results in serious bodily injury; or (4) Level 5 felony if the operation of the motor vehicle results in the death or catastrophic injury of another person. (b) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant: (1) had been issued a driver's license or permit that was valid; or (2) was operating a motor driven cycle; at the time of the alleged offense. However, it is not a defense under subdivision (2) if the defendant was operating the motor driven cycle in violation of IC 9-21-11-12 . [Pre-1991 Recodification Citation: 9-1-4-26.5.]
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