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Indiana Capital Punishment Laws


More Information on Capital Punishment Laws

Code Section 35-50-2-3; 35-50-2-9; 35-38-6-1, et seq.
Is Capital Punishment Allowed?Yes
Effect of Defendant's IncapacityHearing to determine whether defendant has ability to understand proceedings; if ability lacking, court can delay or continue trial; may not impose death sentence if determined mentally retarded
Minimum Age18
Available for Crimes Other than Homicide?None
Definition of Capital HomicideIntentional murder while committing/attempting to commit arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, robbery, carjacking, criminal gang activity dealing in cocaine or narcotic drug; unlawful detonation of explosive with intent to injure; lying in wait; hiring or hired to kill; victim was law enforcement officer, etc.; another conviction of murder; under sentence of life imprisonment and time; victim dismembered; victim less than 12 years old; victim was witness against defendant; has committed another murder at any time regardless of whether convicted; committed murder by firing into an inhabited dwelling or from a vehicle; victim of murder was pregnant and murder resulted in intentional killing of a viable fetus; victim was burned, mutilated or tortured while victim was still alive
Method of ExecutionLethal injection

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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