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

Indiana Statutes

§ 35-31.5-2-168 — "Included offense"

Indiana·Art. 31.5 DEFINITIONS

"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.

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