IC 35-41-2-1 Voluntary conduct
Sec. 1. (a) A person commits an offense only if he voluntarily
engages in conduct in violation of the statute defining the offense.
However, a person who omits to perform an act commits an offense
only if he has a statutory, common law, or contractual duty to
perform the act.
(b) If possession of property constitutes any part of the prohibited
conduct, it is a defense that the person who possessed the property
was not aware of his possession for a time sufficient for him to have
terminated his possession. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.
IC 35-41-2-2 Culpability
Sec. 2. (a) A person engages in conduct "intentionally" if, when
he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages
in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the
conduct in plain, conscious, and unjustifiable disregard of harm that
might result and the disregard involves a substantial deviation from
acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if
a kind of culpability is required for commission of an offense, it is
required with respect to every material element of the prohibited
conduct. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.4.
IC 35-41-2-3 Liability of corporation, partnership, or unincorporated
association
Sec. 3. (a) A corporation, limited liability company, partnership,
or unincorporated association may be prosecuted for any offense; it
may be convicted of an offense only if it is proved that the offense
was committed by its agent acting within the scope of his authority.
(b) Recovery of a fine, costs (including fees), or forfeiture from
a corporation, limited liability company, partnership, or
unincorporated association is limited to the property of the
corporation, limited liability company, partnership, or
unincorporated association. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.5; P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.
IC 35-41-2-4 Aiding, inducing, or causing an offense
Sec. 4. A person who knowingly or intentionally aids, induces, or
causes another person to commit an offense commits that offense,
even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.6.
IC 35-41-2-5 Intoxication
Sec. 5. Intoxication is not a defense in a prosecution for an
offense and may not be taken into consideration in determining the
existence of a mental state that is an element of the offense unless the
defendant meets the requirements of IC 35-41-3-5. As added by P.L.210-1997, SEC.3.
IC 35-41-2-1 Voluntary conduct
Sec. 1. (a) A person commits an offense only if he voluntarily
engages in conduct in violation of the statute defining the offense.
However, a person who omits to perform an act commits an offense
only if he has a statutory, common law, or contractual duty to
perform the act.
(b) If possession of property constitutes any part of the prohibited
conduct, it is a defense that the person who possessed the property
was not aware of his possession for a time sufficient for him to have
terminated his possession. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.
IC 35-41-2-2 Culpability
Sec. 2. (a) A person engages in conduct "intentionally" if, when
he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages
in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the
conduct in plain, conscious, and unjustifiable disregard of harm that
might result and the disregard involves a substantial deviation from
acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if
a kind of culpability is required for commission of an offense, it is
required with respect to every material element of the prohibited
conduct. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.4.
IC 35-41-2-3 Liability of corporation, partnership, or unincorporated
association
Sec. 3. (a) A corporation, limited liability company, partnership,
or unincorporated association may be prosecuted for any offense; it
may be convicted of an offense only if it is proved that the offense
was committed by its agent acting within the scope of his authority.
(b) Recovery of a fine, costs (including fees), or forfeiture from
a corporation, limited liability company, partnership, or
unincorporated association is limited to the property of the
corporation, limited liability company, partnership, or
unincorporated association. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.5; P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.
IC 35-41-2-4 Aiding, inducing, or causing an offense
Sec. 4. A person who knowingly or intentionally aids, induces, or
causes another person to commit an offense commits that offense,
even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.6.
IC 35-41-2-5 Intoxication
Sec. 5. Intoxication is not a defense in a prosecution for an
offense and may not be taken into consideration in determining the
existence of a mental state that is an element of the offense unless the
defendant meets the requirements of IC 35-41-3-5. As added by P.L.210-1997, SEC.3.
IC 35-41-2-1 Voluntary conduct
Sec. 1. (a) A person commits an offense only if he voluntarily
engages in conduct in violation of the statute defining the offense.
However, a person who omits to perform an act commits an offense
only if he has a statutory, common law, or contractual duty to
perform the act.
(b) If possession of property constitutes any part of the prohibited
conduct, it is a defense that the person who possessed the property
was not aware of his possession for a time sufficient for him to have
terminated his possession. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.3; Acts 1978, P.L.144, SEC.3; P.L.311-1983, SEC.30.
IC 35-41-2-2 Culpability
Sec. 2. (a) A person engages in conduct "intentionally" if, when
he engages in the conduct, it is his conscious objective to do so.
(b) A person engages in conduct "knowingly" if, when he engages
in the conduct, he is aware of a high probability that he is doing so.
(c) A person engages in conduct "recklessly" if he engages in the
conduct in plain, conscious, and unjustifiable disregard of harm that
might result and the disregard involves a substantial deviation from
acceptable standards of conduct.
(d) Unless the statute defining the offense provides otherwise, if
a kind of culpability is required for commission of an offense, it is
required with respect to every material element of the prohibited
conduct. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.4.
IC 35-41-2-3 Liability of corporation, partnership, or unincorporated
association
Sec. 3. (a) A corporation, limited liability company, partnership,
or unincorporated association may be prosecuted for any offense; it
may be convicted of an offense only if it is proved that the offense
was committed by its agent acting within the scope of his authority.
(b) Recovery of a fine, costs (including fees), or forfeiture from
a corporation, limited liability company, partnership, or
unincorporated association is limited to the property of the
corporation, limited liability company, partnership, or
unincorporated association. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.5; P.L.8-1993, SEC.510; P.L.106-2010, SEC.14.
IC 35-41-2-4 Aiding, inducing, or causing an offense
Sec. 4. A person who knowingly or intentionally aids, induces, or
causes another person to commit an offense commits that offense,
even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.6.
IC 35-41-2-5 Intoxication
Sec. 5. Intoxication is not a defense in a prosecution for an
offense and may not be taken into consideration in determining the
existence of a mental state that is an element of the offense unless the
defendant meets the requirements of IC 35-41-3-5. As added by P.L.210-1997, SEC.3.
