Indiana Code Title 35. Criminal Law and Procedure IN CODE Section 35-41-5-1




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.


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