IC 35-41-5-1 — Attempt
Chapter 5. Offenses of General Applicability
Bills citing this section
- HB 12492026Signed into law
Various criminal law matters.
- SB 802026Signed into law
Code publication.
- HB 10042026Signed into law
Various education matters.
- HB 12582026Signed into law
Crimes of violence.
- HB 13032026Signed into law
Sex crimes and child safety.
- SB 2522026In committee
Criminal law matters.
- HB 13012026In committee
Sentence modification.
- SB 622026In committee
Unlawful possession of a firearm by a child.
- SB 862026In committee
Charter schools.
Section text
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.
Source: official publisher (2026 edition)