Sec. 1. (a) A person attempts to commit a crime when,
acting with the culpability required for commission of the crime, the
person engages in conduct that constitutes a substantial step toward
commission of the crime. An attempt to commit a crime is a felony or
misdemeanor of the same level or class as the crime attempted.
However, an attempt to commit murder is a Level 1 felony.
(b) It is no defense that, because of a misapprehension of the
circumstances, including the age of the intended victim in a
prosecution for attempted child molesting (IC 35-42-4-3), it would
have been impossible for the accused person to commit the crime
attempted.
(c) For purposes of subsection (a), a person engages in conduct that
constitutes a substantial step if the person, with the intent to commit a
sex crime against a child or an individual the person believes to be a
child:
(1) communicates with the child or individual the person believes
to be a child concerning the sex crime; and
(2) travels to another location to meet the child or individual the
person believes to be a child.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts
1977, P.L.340, SEC.22; P.L.158-2013, SEC.408; P.L.247-2013, SEC.5;
P.L.168-2014, SEC.64.
Notes of Decisions
Cited in
695
cases (
17 in the last 5 years), 1979–2026 · leading case:
Perez v. State, 872 N.E.2d 208 (Ind. Ct. App. 2007).
Perez v. State, 872 N.E.2d 208 (Ind. Ct. App. 2007).
· cites it 8× “STATEMENT OF THE CASE Appellant-Defendant, Oscar Eduardo Perez (Perez), appeals his conviction for attempted murder, a Class A felony, Ind. Code §§ 35-41-5-1 ; 35-42-1-1. We affirm.”
Spradlin v. State, 569 N.E.2d 948 (Ind. 1991).
· cites it 8× “Specific Intent to Kill is Required to Convict for Attempted Murder Ind. Code § 35-41-5-1 , the general attempt statute, was enacted in 1976 and provides, in part, as follows: A person attempts to commit a crime when, acting with the culpability required for commission of the…”
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996).
· cites it 6× “Ind.Code § 35-41-5-1 (1982). Robbery occurs when the defendant knowingly or intentionally takes property from another by using or threatening to use force, or by putting the victim in fear.”
Smith v. State, 459 N.E.2d 355 (Ind. 1984).
· cites it 9× “Following a trial by jury, Defendant (Appellant) was convicted of Attempted Murder, a class A felony, Ind. Code §§ 35-41-5-1 and 35-42-1-1 (Burns 1979) and sentenced to thirty (30) years imprisonment.”
Kevin M. Clark v. State of Indiana, 994 N.E.2d 252 (Ind. 2013).
· cites it 4× “1(a)(1)(A), (b)(1); Ind. Code § 35-41-5-1 (2008). It is not clear from the record what became of the other two counts, but at trial Clark was only charged with the class A felony.”
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006).
· cites it 12× “1997)); see also Ind.Code § 35-41-5-1; Ind.Code § 35-42-1-1.”
Smith v. State, 422 N.E.2d 1179 (Ind. 1981).
· cites it 8× “We hold that Indiana Code § 35-41-5-1 (Burns 1979 Repl.”
Delagrange v. State, 951 N.E.2d 593 (Ind. Ct. App. 2011).
· cites it 7× “See Ind.Code §§ 35-41-5-1, 35-42-4-4(b). Delagrange's specific challenge to the information is that he contends the statutory definition of "sexual conduct" does not encompass his activity at the mall on that day.”
Richeson v. State, 704 N.E.2d 1008 (Ind. 1998).
· cites it 9× “Appellant Walter William Richeson was convicted of attempted battery, Ind.Code § 35-41-5-1; Ind.Code § 35^2-2-1 (a)(3), and criminal recklessness, Ind.”
Head v. State, 443 N.E.2d 44 (Ind. 1982).
· cites it 6× “Code § 35-42-1-1(2), supra, and Ind.Code § 35-41-5-1, supra. Detailed in the latter statutory section is the definition of “attempt”: “A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that…”
Mendoza v. State, 869 N.E.2d 546 (Ind. Ct. App. 2007).
· cites it 4× “The judgment of the trial court is affirmed and remanded with instructions to amend the abstract of judgment by deleting the reference to an attempted murder conviction and adding an attempted aggravated battery conviction in its place.”
Humes v. State, 426 N.E.2d 379 (Ind. 1981).
· cites it 6× “The defendant, Charles Humes, was charged with attempted murder, a class A felony, Ind.Code §§ 35-41-5-1 and 35 — 42-1-1 (Burns 1979 Repl.”
— Ind. Code § 35-41-5-1(1)(a) — 1 case
— Ind. Code § 35-41-5-1(a) — 61 cases
Collier v. State, 846 N.E.2d 340 (Ind. Ct. App. 2006).
“1997)); see also Ind.Code § 35-41-5-1; Ind.Code § 35-42-1-1.”
— Ind. Code § 35-41-5-1(b) — 5 cases
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