Aggressive Advocacy. Compassionate Counsel.
Indianapolis criminal defense lawyers

Indiana Code § 35-42-1-1 Breaking Down the Legal Definition of Murder in Indiana

Schedule a Consultation

At The Criminal Defense Team, our board-certified criminal trial specialists often handle cases involving murder, the most serious offense you can be charged with in the state. Our drug crime lawyer in Indianapolis can break down the charges against you and the defenses you may be able to raise. 

Indiana Code § 35-42-1-1 recognizes three types of murder.

Knowingly or Intentionally Killing Another Human Being

The first type of murder described in the Indiana criminal statute is “knowingly or intentionally” killing another human being. Knowingly means that you understand your actions can cause the death. Intentionally means that you do something on purpose. 

Indiana also considers the knowing or intentional killing of a fetus in any stage of development as murder. However, abortion is not included in this definition. 

Death While Committing a Violent Crime

The other forms of murder in the state does not involve the same mens rea or mental state. The law says that murder occurs if a person kills another human being while committing or attempting to commit any of the following violent or sexual crimes:

  • Arson
  • Burglary
  • Carjacking (before its repeal)
  • Robbery 
  • Consumer product tampering
  • Criminal deviate conduct (under IC 35-42-4-2 before its repeal)
  • Kidnapping
  • Child molesting
  • Rape
  • Human trafficking
  • Promotion of human labor trafficking 
  • Promotion of human sexual trafficking 
  • Promotion of child sexual trafficking 
  • Promotion of sexual trafficking of a younger child
  • Child sexual trafficking 

The specific definitions of these crimes are contained in other parts of the law. If the prosecutor can prove the necessary legal elements of the underlying crime and that a death occurred during its commission or attempt, you can be found guilty of murder.

Death While Committing Drug-Related Crimes

The final way that a person can be charged with murder is if they kill another human being while committing or attempting to commit and of the following drug-related crimes, as described by the associated Indiana criminal statute:

  • Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1)
  • Dealing in methamphetamine (IC 35-48-4-1.1)
  • Manufacturing methamphetamine (IC 35-48-4-1.2)
  • Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2)
  • Dealing in a schedule IV controlled substance (IC 35-48-4-3)
  • Dealing in a schedule V controlled substance

Again, with these crimes, the question is not whether you actually intended the death to occur. It’s sufficient to show that you were committing or attempting to commit any of the crimes as described by state law and that a death occurred during the crime’s commission or attempt. 

Contact The Criminal Defense Team for Help Fighting Murder Charges 

If you or a loved one has been charged with murder in Indiana, The Criminal Defense Team of Baldwin Perry & Wiley PC is uniquely equipped to handle your case.

We use a collaborative approach to the law, drawing from the unique knowledge and experiences of all of our attorneys, including board-certified criminal trial specialists. Call us for (317) 743-3295 for a free and confidential consultation.