Indiana legal term
Included offense in Indiana Criminal Law
Current through 2026 Indiana legislative session
In Indiana criminal law, “Included offense” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Indiana criminal code.
What does “Included offense” mean in Indiana criminal law?
"Included offense" means an offense that: (1) is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense charged; (2) consists of an attempt to commit the offense charged or an offense otherwise included therein; or (3) differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission. (Ind. Code § 35-31.5-2-168)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.