Indiana Code
Ind. Code § 35-41-2-2 (2026)
Culpability
✓ current as of May 2026
Sec. 2. (a) A person engages in conduct "intentionally" if, when he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if a kind of culpability is required for commission of an offense, it is required with respect to every material element of the prohibited conduct.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.4.
Notes of Decisions
Cited in 632
cases (24 in the last 5 years), 1979–2026 · leading case: Mark Leonard v. State of Indiana, 73 N.E.3d 155 (Ind. 2017).
Mark Leonard v. State of Indiana, 73 N.E.3d 155 (Ind. 2017). “1981) ] we noted that ‘prohibited conduct’ and ‘element’ within Ind. Code § 35-41-2-2 (d) are not synonymous and if the legislature had intended culpability to apply to every material element, the phrase ‘of the prohibited conduct’ would be superfluous.”
Engelica E. Castillo v. State of Indiana, 974 N.E.2d 458 (Ind. 2012). “2d 596, 598 (1979); see also Ind. Code § 35-41-2-2 (a) ("A person engages in conduct 'intentionally' if, when he engages in the conduct, it is his conscious objective to do so.”
Louallen v. State, 778 N.E.2d 794 (Ind. 2002). “Ind. Code § 35-41-2-2 (d) requires that the level of mental culpability required for commission of the offense itself is required with respect to every element of the offense.”
Kendall Johnson v. State of Indiana, 986 N.E.2d 852 (Ind. Ct. App. 2013). “I.C. § 35-41-2-2(b). Webb v. State, 963 N.”
Racxon Cruze McDowell v. State of Indiana, 102 N.E.3d 924 (Ind. Ct. App. 2018). “1999) (citing Ind. Code § 35-41-2-2 (b) ). To beat someone as severely as Rachel was beaten goes well beyond the realm of acting recklessly, i.”
Walker v. State, 668 N.E.2d 243 (Ind. 1996). “Ind.Code Ann. § 35-41-2-2(d) (West 1986) (emphasis added).”
Bostick v. State, 773 N.E.2d 266 (Ind. 2002). “Ind.Code § 35-41-2-2(b); Ind.Code § 35-42-1-1.”
Jermaine McKinley v. State of Indiana, 45 N.E.3d 25 (Ind. Ct. App. 2015). “sexual desires,” defendant acted intentionally, the Court of Appeals and Defendant reason that Ind.Code § 35-41-2-2(d) requires “intentional” mental culpability with respect to every element of ’ the child molesting offense.”
Ajabu v. State, 693 N.E.2d 921 (Ind. 1998). “CODE § 35-41-2-2(a) (1993). In contrast, "reckless indifference to human life," as used in Tison, 481 U.”
Webb v. State, 963 N.E.2d 1103 (Ind. 2012). “I.C. § 35-41-2-2(b). [1] Thus, reckless homicide is an inherently included lesser offense of murder.”
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996). “Ind. Code § 35-41-2-2 (a) (1982). Conduct is “knowing” if the defendant was aware of a high probability that he or she was engaging in the conduct.”
Kendall v. State, 790 N.E.2d 122 (Ind. Ct. App. 2003). “" I.C. § 35-41-2-2(a) (1998). Absent an admission by a defendant, intent "must be determined from a consideration of the defendant's conduct and the natural and usual consequences thereof.”
— Ind. Code § 35-41-2-2(3a) — 1 case
Spann v. State, 632 N.E.2d 741 (Ind. Ct. App. 1994).
— Ind. Code § 35-41-2-2(a) — 87 cases
Shelly M. Phipps v. State of Indiana, 90 N.E.3d 1190 (Ind. 2018).
Kendall v. State, 790 N.E.2d 122 (Ind. Ct. App. 2003). “" I.C. § 35-41-2-2(a) (1998). Absent an admission by a defendant, intent "must be determined from a consideration of the defendant's conduct and the natural and usual consequences thereof.”
Ajabu v. State, 693 N.E.2d 921 (Ind. 1998). “CODE § 35-41-2-2(a) (1993). In contrast, "reckless indifference to human life," as used in Tison, 481 U.”
Ben-Yisrayl v. State, 729 N.E.2d 102 (Ind. 2000).
Michael A. Miller v. State of Indiana, 77 N.E.3d 1196 (Ind. 2017).
— Ind. Code § 35-41-2-2(b) — 166 cases
Bostick v. State, 773 N.E.2d 266 (Ind. 2002). “Ind.Code § 35-41-2-2(b); Ind.Code § 35-42-1-1.”
Dunlap v. State, 761 N.E.2d 837 (Ind. 2002).
Kendall Johnson v. State of Indiana, 986 N.E.2d 852 (Ind. Ct. App. 2013). “I.C. § 35-41-2-2(b). Webb v. State, 963 N.”
Webb v. State, 963 N.E.2d 1103 (Ind. 2012). “I.C. § 35-41-2-2(b). [1] Thus, reckless homicide is an inherently included lesser offense of murder.”
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996). “Ind. Code § 35-41-2-2 (a) (1982). Conduct is “knowing” if the defendant was aware of a high probability that he or she was engaging in the conduct.”
— Ind. Code § 35-41-2-2(c) — 78 cases
Kendall Johnson v. State of Indiana, 986 N.E.2d 852 (Ind. Ct. App. 2013). “I.C. § 35-41-2-2(b). Webb v. State, 963 N.”
Vertner v. State, 793 N.E.2d 1148 (Ind. Ct. App. 2003).
Racxon Cruze McDowell v. State of Indiana, 102 N.E.3d 924 (Ind. Ct. App. 2018). “1999) (citing Ind. Code § 35-41-2-2 (b) ). To beat someone as severely as Rachel was beaten goes well beyond the realm of acting recklessly, i.”
Springer v. State, 798 N.E.2d 431 (Ind. 2003).
Webb v. State, 963 N.E.2d 1103 (Ind. 2012). “I.C. § 35-41-2-2(b). [1] Thus, reckless homicide is an inherently included lesser offense of murder.”
— Ind. Code § 35-41-2-2(d) — 20 cases
Walker v. State, 668 N.E.2d 243 (Ind. 1996). “Ind.Code Ann. § 35-41-2-2(d) (West 1986) (emphasis added).”
Louallen v. State, 778 N.E.2d 794 (Ind. 2002). “Ind. Code § 35-41-2-2 (d) requires that the level of mental culpability required for commission of the offense itself is required with respect to every element of the offense.”
Jermaine McKinley v. State of Indiana, 45 N.E.3d 25 (Ind. Ct. App. 2015). “sexual desires,” defendant acted intentionally, the Court of Appeals and Defendant reason that Ind.Code § 35-41-2-2(d) requires “intentional” mental culpability with respect to every element of ’ the child molesting offense.”
Mark Leonard v. State of Indiana, 73 N.E.3d 155 (Ind. 2017). “1981) ] we noted that ‘prohibited conduct’ and ‘element’ within Ind. Code § 35-41-2-2 (d) are not synonymous and if the legislature had intended culpability to apply to every material element, the phrase ‘of the prohibited conduct’ would be superfluous.”
Gibson v. State, 643 N.E.2d 885 (Ind. 1994).
— Ind. Code § 35-41-2-2(e) — 4 cases
McEwen v. State, 695 N.E.2d 79 (Ind. 1998).
Sanders v. State, 704 N.E.2d 119 (Ind. 1999).
Bostick v. State, 773 N.E.2d 266 (Ind. 2002). “Ind.Code § 35-41-2-2(b); Ind.Code § 35-42-1-1.”
Gibbs v. State, 677 N.E.2d 1106 (Ind. Ct. App. 1997).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.