Ind. Code » Title 35
Indiana Code

Ind. Code § 35-41-3-10 (2026)

Abandonment

✓ current as of May 2026
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     Sec. 10. With respect to a charge under IC 35-41-2-4, IC 35-41-5-1, or IC 35-41-5-2, it is a defense that the person who engaged in the prohibited conduct voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.15.

 

Notes of Decisions
Cited in 21 cases, 1980–2018 · leading case: Destin Jones v. State of Indiana, 87 N.E.3d 450 (Ind. 2017).
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Destin Jones v. State of Indiana, 87 N.E.3d 450 (Ind. 2017). · cites it 20× “The State initially argued that abandonment is not an available defense for Jones’s conspiracy charge, but at oral argument the State rightly conceded the opposite.”
Whitener v. State, 696 N.E.2d 40 (Ind. 1998). · cites it 10× “He further testified that he then tried to dissuade the others from shooting the men and, when that failed, he left the *43 group before the shooting.”
Munford v. State, 923 N.E.2d 11 (Ind. Ct. App. 2010). · cites it 6× “" Our supreme court has explained: Indiana Code § 35-41-3-10 makes abandonment a legal defense to several inchoate crimes including conspiracy and attempt.”
Evans v. Evans, 766 N.E.2d 1240 (Ind. Ct. App. 2002). · cites it 8× “…benefits. [9] This defense is available for those offenses involving aiding or inducing, attempts and conspiracies. I.C. § 35-41-3-10.”
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006). · cites it 4× “…N.E.2d 509, 517 (Ind.2001). He also does not argue that he voluntarily abandoned any effort to commit a crime. See I.C. § 35-41-3-10.”
Gravens v. State, 836 N.E.2d 490 (Ind. Ct. App. 2005). · cites it 2× “Ind.Code § 35-41-3-10. 4 . The State did not respond to Gravens' "appellate level of review" argument in its Appel-lee's Brief,.”
Weida v. State, 778 N.E.2d 843 (Ind. Ct. App. 2002). · cites it 4× “Ind.Code § 35-41-3-10 (1998). 8 . In his Appellant's brief/ Weida also argues that the trial court erred when it found certain aggravating circumstances that warranted the imposition of an enhanced sentence.”
Salahuddin v. State, 492 N.E.2d 292 (Ind. 1986). · cites it 2× “Ind.Code § 35-41-3-10 (Burns 1985). The only reason the rape was not carried out was because of the victim's own escape.”
Babin v. State, 609 N.E.2d 3 (Ind. Ct. App. 1993). · cites it 4× “[1] Ind. Code 35-41-3-10. [2] I.C. XX-XX-X-X.”
Pyle v. State, 476 N.E.2d 124 (Ind. 1985). · cites it 2× “I.C. § 35-41-3-10. A crime of attempt occurs when one having the state of mind required for a particular substantive offense, conducts himself so as to take a substantial step towards commission of that offense.”
Sheckles v. State, 501 N.E.2d 1053 (Ind. 1986). · cites it 2× “Ind.Code § 35-41-3-10 (Burns 1979 Repl.).”
Smith v. State, 636 N.E.2d 124 (Ind. 1994). · cites it 2× “Indiana Code § 35-41-3-10 makes abandonment a legal defense to several inchoate crimes including conspiracy and attempt.”
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