CRIMINAL LAWAND PROCEDURE
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jury was unable to agree on a verdict, or
(vi) false statements of a juror on voir dire
prevented a fair trial.
(b) If the prosecuting authority brought about
any of the circumstances in subdivisions (a)(2)(i)
through (a)(2)(vi) of this section, with intent to
cause termination of the trial, another prosecution
is barred.
35-41-4-4. Prosecution barred for different
offense.
(a) A prosecution is barred if all of the fol-
lowing exist:
(1) There was a former prosecution of the
defendant for a different offense or for the
same offense based on different facts.
(2) The former prosecution resulted in an
acquittal or a conviction of the defendant
or in an improper termination under sec-
tion 3 of this chapter.
(3) The instant prosecution is for an
offense with which the defendant should
have been charged in the former prosecu-
tion.
(b) Aprosecution is not barred under this sec-
tion if the offense on which it is based was not con-
summated when the trial under the former
prosecution began.
35-41-4-5. Former prosecution in another
jurisdiction a bar.
In a case in which the alleged conduct con-
stitutes an offense within the concurrent jurisdic-
tion of Indiana and another jurisdiction, a former
prosecution in any other jurisdiction is a bar to a
subsequent prosecution for the same conduct in
Indiana, if the former prosecution resulted in an
acquittal or a conviction of the defendant or in an
improper termination under section 3 of this chap-
ter.
35-41-4-6. Invalid or fraudulently procured
prosecution.
A former prosecution is not a bar under sec-
tion 3, 4, or 5 of this chapter if:
(1) It was before a court that lacked juris-
diction over the defendant or the offense.
(2) It was procured by the defendant with-
out the knowledge of the prosecuting
authority and with intent to avoid a more
severe sentence that might otherwise have
been imposed; or
(3) It resulted in a conviction that was set
aside, reversed, vacated, or held invalid in
a subsequent proceeding, unless the defen-
dant was adjudged not guilty or ordered
discharged.
Chapter 5. Offenses of General Applicability.
35-41-5-1.
Attempt.
35-41-5-2.
Conspiracy.
35-41-5-3.
Multiple convictions.
35-41-5-1. Attempt.
(a) Aperson attempts to commit a crime when,
acting with the culpability required for commis-
sion of the crime, the person engages in conduct
that constitutes a substantial step toward com-
mission 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 misap-
prehension 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 indi-
vidual the person believes to be a child con-
cerning the sex crime; and
(2) travels to another location to meet the
child or individual the person believes to
be a child.
35-41-5-2. Conspiracy.
(a) A person conspires to commit a felony
when, with intent to commit the felony, the per-
son agrees with another person to commit the
felony. A conspiracy to commit a felony is a
felony of the same level as the underlying felony.
However, a conspiracy to commit murder is:
(1) a Level 2 felony if the conspiracy does
not result in the death of a person; and
(2) a Level 1 felony if the conspiracy
