Indiana Code Title 35. Criminal Law and Procedure § 35-43-2-2.1

(1) agrees with at least two (2) other persons to commit theft;  and

(2) performs an overt act in furtherance of the agreement;

(1) has not been prosecuted;

(2) has not been convicted;

(3) has been acquitted;

(4) has been convicted of a different crime;

(5) cannot be prosecuted for any reason;  or

(6) lacked the capacity to commit the crime.

(1) an attempt to commit theft;  or

(2) a conspiracy to commit theft;