CRIMINAL LAWAND PROCEDURE
143
the offense, the result that is an element, or
both, occur in Indiana;
(2) conduct occurring outside Indiana is
sufficient under Indiana law to constitute
an attempt to commit an offense in Indiana;
(3) conduct occurring outside Indiana is
sufficient under Indiana law to constitute
a conspiracy to commit an offense in
Indiana, and an overt act in furtherance of
the conspiracy occurs in Indiana;
(4) conduct occurring in Indiana estab-
lishes complicity in the commission of,
or an attempt or conspiracy to commit, an
offense in another jurisdiction that also is
an offense under Indiana law;
(5) the offense consists of the omission to
perform a duty imposed by Indiana law
with respect to domicile, residence, or a
relationship to a person, thing, or transac-
tion in Indiana;
(6) conduct that is an element of the
offense or the result of conduct that is an
element of the offense, or both, involve the
use of the Internet or another computer
network (as defined in IC 35-43-2-3) and
access to the Internet or other computer
network occurs in Indiana; or
(7) conduct:
(A)involves the use of:
(i) the Internet or another computer
network (as defined in IC 35-43-2-
3); or
(ii) another form of electronic com-
munication;
(B)occurs outside Indiana and the vic-
tim of the offense resides in Indiana at
the time of the offense; and
(C)is sufficient under Indiana law to
constitute an offense in Indiana.
(c) When the offense is homicide, either the
death of the victim or bodily impact causing death
constitutes a result under subsection (b)(1). If the
body of a homicide victim is found in Indiana, it
is presumed that the result occurred in Indiana.
(d) If the offense is identity deception or syn-
thetic identity deception, the lack of the victim’s
consent constitutes conduct that is an element of
the offense under subsection (b)(1). If a victim of
identity deception or synthetic identity deception
resides in Indiana when a person knowingly or
intentionally obtains, possesses, transfers, or uses
the victim’s identifying information, it is pre-
sumed that the conduct that is the lack of the vic-
tim’s consent occurred in Indiana.
Chapter 2. Basis of Liability.
35-41-2-1.
Voluntary conduct.
35-41-2-2.
Culpability.
35-41-2-3.
Liability of a corporation, limited liability
company, partnership, or unincorporated
association.
35-41-2-4.
Aiding, inducing, or causing an offense.
35-41-2-5.
Intoxication not a defense.
35-41-2-1. Voluntary conduct.
(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 con-
tractual 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.
35-41-2-2. Culpability.
(a) A person engages in conduct “intention-
ally” if, when he engages in the conduct, it is his
conscious objective to do so.
(b) Aperson 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 pro-
vides otherwise, if a kind of culpability is required
for the commission of an offense, it is required
with respect to every material element of the pro-
hibited conduct.
35-41-2-3. Liability of corporation, limited
liability company, partnership or
unincorporated association.
