Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

161

(a) A prosecution is barred if all of the fol lowing exist: (1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts. (2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under sec tion 3 of this chapter. (3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecu tion. (b) Aprosecution is not barred under this sec tion if the offense on which it is based was not con summated when the trial under the former prosecution began. 35-41-4-5. Former prosecution in another jurisdiction a bar. In a case in which the alleged conduct con stitutes an offense within the concurrent jurisdic tion of Indiana and another jurisdiction, a former prosecution in any other jurisdiction is a bar to a subsequent prosecution for the same conduct in Indiana, if the former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chap ter. 35-41-4-6. Invalid or fraudulently procured prosecution. A former prosecution is not a bar under sec tion 3, 4, or 5 of this chapter if: (1) It was before a court that lacked juris diction over the defendant or the offense. (2) It was procured by the defendant with out the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or (3) It resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defen dant was adjudged not guilty or ordered discharged. Chapter 5. Offenses of General Applicability. 35-41-5-1. Attempt. 35-41-5-2. Conspiracy.

35-41-5-3.

Multiple convictions.

35-41-5-1. Attempt. (a) Aperson attempts to commit a crime when, acting with the culpability required for commis sion of the crime, the person engages in conduct that constitutes a substantial step toward com mission of the crime. An attempt to commit a crime is a felony or misdemeanor of the same level or class as the crime attempted. However, an attempt to commit murder is a Level 1 felony. (b) It is no defense that, because of misap prehension of the circumstances, including the age of the intended victim in a prosecution for attempted child molesting (IC 35-42-4-3), it would have been impossible for the accused person to commit the crime attempted. (c) For purposes of subsection (a), a person engages in conduct that constitutes a substantial step if the person, with the intent to commit a sex crime against a child or an individual the person believes to be a child: (1) communicates with the child or indi vidual the person believes to be a child con cerning the sex crime; and (2) travels to another location to meet the child or individual the person believes to be a child. 35-41-5-2. Conspiracy. (a) A person conspires to commit a felony when, with intent to commit the felony, the per son agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is: (1) a Level 2 felony if the conspiracy does not result in the death of a person; and (2) a Level 1 felony if the conspiracy results in the death of another person. (b) The state must allege and prove that either the person or the person with whom he or she 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;