Ind. Code » Title 35
Indiana Code

Ind. Code § 35-32-2-4 (2026)

Aiding and abetting; conspiracy; attempts

✓ current as of May 2026
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     Sec. 4. (a) If a person in a county engages in conduct sufficient to constitute aiding, inducing, or causing an offense committed in another county, he may be tried for the offense in either county.

     (b) In a prosecution for conspiracy to commit a felony, any or all offenders may be tried in the county in which:

(1) the agreement was made; or

(2) any overt act in furtherance of the agreement is performed.

     (c) In a prosecution for an attempt to commit a crime, the offender may be tried in any county in which:

(1) a substantial step towards the commission of the underlying crime occurred; or

(2) the underlying crime was to have been completed.

As added by Acts 1981, P.L.298, SEC.1.

 

Notes of Decisions
Cited in 3 cases, 1988–2004 · leading case: Kindred v. State, 540 N.E.2d 1161 (Ind. 1989).
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Kindred v. State, 540 N.E.2d 1161 (Ind. 1989). · cites it 2× “Code § 85-82-2-5(a) and (c) and Ind.Code § 35-32-2-4(c)(2). He now challenges the trial court's denial of that motion.”
Smith v. State, 809 N.E.2d 938 (Ind. Ct. App. 2004). · cites it 2× “Ind.Code § 35-32-2-4(b) provides: In a prosecution for conspiracy to commit a felony, any or all offenders may be tried in the county in which: (1) the agreement was made; or (2) any overt act in furtherance of the agreement is performed.”
Gregory v. State, 524 N.E.2d 275 (Ind. 1988). · cites it 2× “Ind. Code § 35-32-2-4 specifically provides for the prosecution of co-conspirators in any county in which: "1) a substantial step towards the commission of the underlying crime occurred; or 2) the underlying crime was to have been completed.”
— Ind. Code § 35-32-2-4(b) — 1 case
Smith v. State, 809 N.E.2d 938 (Ind. Ct. App. 2004). “Ind.Code § 35-32-2-4(b) provides: In a prosecution for conspiracy to commit a felony, any or all offenders may be tried in the county in which: (1) the agreement was made; or (2) any overt act in furtherance of the agreement is performed.”
— Ind. Code § 35-32-2-4(c)(2) — 1 case
Kindred v. State, 540 N.E.2d 1161 (Ind. 1989). “Code § 85-82-2-5(a) and (c) and Ind.Code § 35-32-2-4(c)(2). He now challenges the trial court's denial of that motion.”
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