Indiana § 35-31.5-2-168 "Included offense"

Indiana Statutes

§ 35-31.5-2-168 — "Included offense"

Indiana § 35-31.5-2-168

Art. 31.5DEFINITIONS

This text of Indiana § 35-31.5-2-168 ("Included offense") is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-31.5-2-168 (2026).

Text

"Included offense" means an offense that:

(1)is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense charged;

(2)consists of an attempt to commit the offense charged or an offense otherwise included therein; or

(3)differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission.

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"Included offense" means an offense
that:
(1) is established by proof of the same material elements or less
than all the material elements required to establish the
commission of the offense charged;
(2) consists of an attempt to commit the offense charged or an
offense otherwise included therein; or
(3) differs from the offense charged only in the respect that a less
serious harm or risk of harm to the same person, property, or
public interest, or a lesser kind of culpability, is required to
establish its commission.