Indiana Code
Ind. Code § 35-41-5-3 (2026)
Multiple convictions
✓ current as of May 2026
Sec. 3. (a) A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.
(b) A person may not be convicted of both a crime and an attempt to commit the same crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.24.
IC 35-42ARTICLE 42. OFFENSES AGAINST THE PERSON
Ch. 1.Homicide
Ch. 2.Battery and Related Offenses
Ch. 3.Kidnapping and Confinement
Ch. 3.5.Human and Sexual Trafficking
Ch. 4.Sex Crimes
Ch. 5.Robbery
IC 35-42-1Chapter 1. Homicide
35-42-1-0.1Repealed
35-42-1-0.5Abortions exempt
35-42-1-1Murder
35-42-1-1.5Dealing in a controlled substance resulting in
death
35-42-1-2Causing suicide
35-42-1-2.5Assisting suicide
35-42-1-3Voluntary manslaughter
35-42-1-4Involuntary manslaughter
35-42-1-5Reckless homicide
35-42-1-6Feticide; exemptions
35-42-1-6.5Application of certain sections of the chapter
35-42-1-7Repealed
35-42-1-8Repealed
35-42-1-9Repealed
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1978–2026 · leading case: Williams v. State, 690 N.E.2d 162 (Ind. 1997).
Williams v. State, 690 N.E.2d 162 (Ind. 1997). “Although not cited by the parties, Indiana Code § 35-41-5-3(a) provides that: “A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.”
Richardson v. State, 717 N.E.2d 32 (Ind. 1999). “CODE § 35-41-5-3 (1998). As noted in Part II, we have a statutory prohibition against sentencing a person for both a crime and an "included offense" in the same case.”
Haymaker v. State, 528 N.E.2d 83 (Ind. 1988). “Indiana Code § 35-41-5-3(a) states: “A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.”
Coleman v. State, 952 N.E.2d 377 (Ind. Ct. App. 2011). “Indiana Code Section 35-41-5-3(a) prohibits a defendant from being convicted of both conspiracy and attempt with respect to the same underlying crime.”
Lawrence v. State, 665 N.E.2d 589 (Ind. Ct. App. 1996). “See Ind.Code § 35-41-5-3(a) (prohibiting convictions for both a conspiracy and an attempt with respect to the same underlying crime).”
Fields v. State, 825 N.E.2d 841 (Ind. Ct. App. 2005). “, concurring) (characterizing Ind.Code § 35-41-5-3 as reflecting double jeopardy law).”
Matthew P. Wilhoite v. State of Indiana, 7 N.E.3d 350 (Ind. Ct. App. 2014). “Because Wilhoite was convicted of a single crime, Ind.Code § 35-41-5-3(a) does not control.”
Weida v. State, 778 N.E.2d 843 (Ind. Ct. App. 2002). “See Ind.Code § 35-41-5-3 (1998). 7 . The defense of abandonment may only be raised if the defendant has been charged with 1) conspiracy, 2) attempt, or 3) aiding, inducing or causing an offense.”
Koger v. State, 513 N.E.2d 1250 (Ind. Ct. App. 1987). “See Indiana Code section 35-41-5-3. However, we fail to see how it related in any way to the evidence in this case.”
Green v. State, 850 N.E.2d 977 (Ind. Ct. App. 2006). “§ 35-41-5-3 that a defendant may not be convicted of both an attempt and a conspiracy with respect to the same underlying crime.”
Ridley v. State, 690 N.E.2d 177 (Ind. 1997). “As explained in Williams , because Ridley was sentenced for both a conspiracy and an attempt for the same underlying crime, in direct conflict with Indiana Code § 35-41-5-3(a), we reverse the conviction for attempted murder.”
Elmore v. State, 375 N.E.2d 660 (Ind. Ct. App. 1978). “Under Ind. Code 35-41-5-3 dealing with multiple convictions a defendant may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.”
— Ind. Code § 35-41-5-3(a) — 9 cases
Williams v. State, 690 N.E.2d 162 (Ind. 1997). “Although not cited by the parties, Indiana Code § 35-41-5-3(a) provides that: “A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.”
Haymaker v. State, 528 N.E.2d 83 (Ind. 1988). “Indiana Code § 35-41-5-3(a) states: “A person may not be convicted of both a conspiracy and an attempt with respect to the same underlying crime.”
Coleman v. State, 952 N.E.2d 377 (Ind. Ct. App. 2011). “Indiana Code Section 35-41-5-3(a) prohibits a defendant from being convicted of both conspiracy and attempt with respect to the same underlying crime.”
Lawrence v. State, 665 N.E.2d 589 (Ind. Ct. App. 1996). “See Ind.Code § 35-41-5-3(a) (prohibiting convictions for both a conspiracy and an attempt with respect to the same underlying crime).”
Matthew P. Wilhoite v. State of Indiana, 7 N.E.3d 350 (Ind. Ct. App. 2014). “Because Wilhoite was convicted of a single crime, Ind.Code § 35-41-5-3(a) does not control.”
— Ind. Code § 35-41-5-3(b) — 1 case
Batalis v. State, 887 N.E.2d 106 (Ind. Ct. App. 2008).
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.