Indiana Code
Ind. Code § 35-41-5-2 (2026)
Conspiracy
✓ current as of May 2026
Sec. 2. (a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:
(1) a Level 2 felony if the conspiracy does not result in the death of a person; and
(2) a Level 1 felony if the conspiracy results in the death of another person.
(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.
(c) It is no defense that the person with whom the accused person is alleged to have conspired:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.23; P.L.158-2013, SEC.409.
Notes of Decisions
Cited in 344
cases (11 in the last 5 years), 1978–2026 · leading case: Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014).
Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014). “On March 10, 2011, the State charged Erkins and Ojile each with one count of class A felony conspiracy to commit robbery resulting in serious bodily injury2 and one count of class A 2 Ind. Code §§ 35-41-5-2 (2008) and 35-42-5-1 (2008).”
Carltez Taylor v. State of Indiana, 86 N.E.3d 157 (Ind. 2017). “2014) (quoting Ind. Code § 35-41-5-2 ); see also Fajardo v.”
Spivey v. State, 761 N.E.2d 831 (Ind. 2002). “[3] Ind.Code § 35-41-5-2; Ind.Code § 35-43-2-1.”
M.T v. v. State of Indiana, 66 N.E.3d 960 (Ind. Ct. App. 2016). “In other words, to prove the conspiracy aspect of the State’s allegations, the State had to prove that M.”
Long v. State, 743 N.E.2d 253 (Ind. 2001). “Ind. Code § 35-41-5-2 . The essential elements of the charged offense of eriminal confinement in this case are: (1) the defendant (2) knowingly or intentionally (8) removed the victim by force from one place to another.”
Finger v. State, 799 N.E.2d 528 (Ind. 2003). “NOTES [1] Ind.Code §§ 35-41-5-2, 35-42-5-1 (1998). [2] I.”
Kenny Purvis v. State of Indiana, 87 N.E.3d 1119 (Ind. Ct. App. 2017). “2 , Ind. Code § 35-41-5-2 ;- I.C. § 35-43-4-2(a)(1).”
Henderson v. State, 769 N.E.2d 172 (Ind. 2002). “Ind.Code § 35-41-5-2; Ind.Code § 85-42-5-1.”
Griffin v. State, 717 N.E.2d 73 (Ind. 1999). “CODE § 35-41-5-2. To convict of conspiracy to commit robbery, the State must prove the following essential elements: the defendant agreed with another person to commit the crime of robbery with the intent to commit the robbery and either the defendant or another party to the…”
Buie v. State, 633 N.E.2d 250 (Ind. 1994). “§ 35-41-5-2 (Burns 1985). [3] IND. CODE ANN.”
Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 796 N.E.2d 286 (Ind. 2003). “[6] This is not to say that the Free Exercise Clause would prevent prosecution for an agreement with another person to commit a felony, even if that other person is another church member or official and the agreement implicates ecclesiastical issues, if the state also proves an…”
Hightower v. State, 866 N.E.2d 356 (Ind. Ct. App. 2007). “Ind.Code § 35-41-5-2. “In proving the agreement element of conspiracy, the State is not required to show an express formal agreement[.”
— Ind. Code § 35-41-5-2(1)(a) — 1 case
Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014). “On March 10, 2011, the State charged Erkins and Ojile each with one count of class A felony conspiracy to commit robbery resulting in serious bodily injury2 and one count of class A 2 Ind. Code §§ 35-41-5-2 (2008) and 35-42-5-1 (2008).”
— Ind. Code § 35-41-5-2(a) — 23 cases
Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014). “On March 10, 2011, the State charged Erkins and Ojile each with one count of class A felony conspiracy to commit robbery resulting in serious bodily injury2 and one count of class A 2 Ind. Code §§ 35-41-5-2 (2008) and 35-42-5-1 (2008).”
Hollin v. State, 877 N.E.2d 462 (Ind. 2007).
Roush v. State, 875 N.E.2d 801 (Ind. Ct. App. 2007).
Shane v. State, 716 N.E.2d 391 (Ind. 1999).
Francis v. State, 758 N.E.2d 528 (Ind. 2001).
— Ind. Code § 35-41-5-2(a)(2) — 1 case
Esequiel Trejo, Jr. v. State of Indiana (Ind. Ct. App. 2025).
— Ind. Code § 35-41-5-2(b) — 17 cases
Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014). “On March 10, 2011, the State charged Erkins and Ojile each with one count of class A felony conspiracy to commit robbery resulting in serious bodily injury2 and one count of class A 2 Ind. Code §§ 35-41-5-2 (2008) and 35-42-5-1 (2008).”
M.T v. v. State of Indiana, 66 N.E.3d 960 (Ind. Ct. App. 2016). “In other words, to prove the conspiracy aspect of the State’s allegations, the State had to prove that M.”
Long v. State, 743 N.E.2d 253 (Ind. 2001). “Ind. Code § 35-41-5-2 . The essential elements of the charged offense of eriminal confinement in this case are: (1) the defendant (2) knowingly or intentionally (8) removed the victim by force from one place to another.”
Johnson v. State, 749 N.E.2d 1103 (Ind. 2001).
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014).
— Ind. Code § 35-41-5-2(l)(a) — 1 case
Kenyatta Erkins v. State of Indiana, 13 N.E.3d 400 (Ind. 2014). “On March 10, 2011, the State charged Erkins and Ojile each with one count of class A felony conspiracy to commit robbery resulting in serious bodily injury2 and one count of class A 2 Ind. Code §§ 35-41-5-2 (2008) and 35-42-5-1 (2008).”
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