Indiana § 5-2-23-2 "Actually innocent"

Indiana Statutes

§ 5-2-23-2 — "Actually innocent"

Indiana § 5-2-23-2

Title 5STATE AND LOCAL ADMINISTRATION

Art. 2LAW ENFORCEMENT

Ch. 23Restitution for Wrongfully Incarcerated Persons

This text of Indiana § 5-2-23-2 ("Actually innocent") 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 § 5-2-23-2 (2026).

Text

(a)As used in this chapter, "actually innocent" means, with respect to a particular offense, that a person:

(1)did not commit the offense; and

(2)did not:

(A)commit;

(B)take part in; or

(C)plan, prepare for, or participate in the planning or preparation of; any other criminal act in connection with that offense. The mere fact that the trier of fact acquitted or did not convict the person on remand is insufficient, standing alone, to establish that the person is actually innocent.

(b)An applicant must prove that he or she is actually innocent by a preponderance of the evidence.

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(a) As used in this chapter, "actually innocent"
means, with respect to a particular offense, that a person:
(1) did not commit the offense; and
(2) did not:
(A) commit;
(B) take part in; or
(C) plan, prepare for, or participate in the planning or
preparation of;
any other criminal act in connection with that offense.
The mere fact that the trier of fact acquitted or did not convict the
person on remand is insufficient, standing alone, to establish that the
person is actually innocent.
(b) An applicant must prove that he or she is actually innocent by a
preponderance of the evidence.