2010 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 41. SUBSTANTIVE CRIMINAL PROVISIONS
CHAPTER 5. OFFENSES OF GENERAL APPLICABILITY
IC 35-41-5
Chapter 5. Offenses of General Applicability
IC 35-41-5-1
Attempt
Sec. 1. (a) A person attempts to commit a crime when, acting with
the culpability required for commission of the crime, he engages in
conduct that constitutes a substantial step toward commission of the
crime. An attempt to commit a crime is a felony or misdemeanor of
the same class as the crime attempted. However, an attempt to
commit murder is a Class A felony.
(b) It is no defense that, because of a misapprehension of the
circumstances, it would have been impossible for the accused person
to commit the crime attempted.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.22.
IC 35-41-5-2
Conspiracy
Sec. 2. (a) A person conspires to commit a felony when, with
intent to commit the felony, he agrees with another person to commit
the felony. A conspiracy to commit a felony is a felony of the same
class as the underlying felony. However, a conspiracy to commit
murder is a Class A felony.
(b) The state must allege and prove that either the person or the
person with whom he agreed performed an overt act in furtherance
of the agreement.
(c) It is no defense that the person with whom the accused person
is alleged to have conspired:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.23.
IC 35-41-5-3
Multiple convictions
Sec. 3. (a) A person may not be convicted of both a conspiracy
and an attempt with respect to the same underlying crime.
(b) A person may not be convicted of both a crime and an attempt
to commit the same crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.24.
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