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Indiana Code Title 1. General Provisions § 1-1-2-4

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 4. (a) As used in this section, “reference to a conviction for an Indiana criminal offense” means both a specific reference to a conviction for a criminal offense in Indiana (with or without an Indiana Code citation reference) and a general reference to a conviction for a class or type of criminal offense, such as:

(1) a felony;

(2) a misdemeanor;

(3) a sex offense;

(4) a violent crime;

(5) a crime of domestic violence;

(6) a crime of dishonesty;

(7) fraud;

(8) a crime resulting in a specified injury or committed against a specified victim;  or

(9) a crime under IC 35-42 or IC 9-30-5 or under any other statute describing one (1) or more criminal offenses.

(b) Except as provided in subsection (c), a reference to a conviction for an Indiana criminal offense appearing within the Indiana Code also includes a conviction for any of the following:

(1) An attempt to commit the offense, unless the offense is murder (IC 35-42-1-1).

(2) A conspiracy to commit the offense.

(3) A substantially similar offense committed in another jurisdiction, including an attempt or conspiracy to commit the offense, even if the reference to the conviction for the Indiana criminal offense specifically refers to an “Indiana conviction” or a conviction “in Indiana” or under “Indiana law” or “laws of this state”.

(c) A reference to a conviction for an Indiana criminal offense appearing within the Indiana Code does not include an offense described in subsection (b)(1) through (b)(3) if:

(1) the reference expressly excludes an offense described in subsection (b)(1) through (b)(3);  or

(2) with respect to an offense described in subsection (b)(3), the reference imposes an additional qualifier on the offense committed in another jurisdiction.

(d) If there is a conflict between a provision in this section and another provision of the Indiana Code, this section controls.

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Cite this article: FindLaw.com - Indiana Code Title 1. General Provisions § 1-1-2-4 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-1-general-provisions/in-code-sect-1-1-2-4/

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