Indiana statute
Ind. Code § 35-41-5-1 — Attempt
Current through 2026 Regular Session
Part of Chapter 5: Offenses of General Applicability, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-41-5-1
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
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.
Official sources
Legal terms used in this section
Questions this section answers
Is attempt a felony or a misdemeanor in Indiana?
Attempt is a Level 1 Felony in Indiana under Ind. Code § 35-41-5-1.
Attempted murder: Level 1 Felony (Ind. Code § 35-41-5-1(a))
Which Indiana statute covers attempt?
Attempt is governed by Ind. Code § 35-41-5-1 (Attempt).
This reference is informational and is not legal advice.