Indiana § 5-2-23-2 - "Actually innocent"
Full text of Indiana Indiana Code § 5-2-23-2 — "Actually innocent", with citation guidance and answers to common questions.
§ 5-2-23-2. "Actually innocent"
Sec. 2. (a) As used in this chapter, "actually innocent" means, with respect to a particular offense, that a person:
(1) did not commit the offense; and
(2) did not:
(A) commit;
(B) take part in; or
(C) plan, prepare for, or participate in the planning or preparation of;
any other criminal act in connection with that offense.
The mere fact that the trier of fact acquitted or did not convict the person on remand is insufficient, standing alone, to establish that the person is actually innocent.
(b) An applicant must prove that he or she is actually innocent by a preponderance of the evidence.
As added by P.L.165-2019, SEC.1. Amended by P.L.146-2022, SEC.1.
Frequently Asked Questions About Indiana § 5-2-23-2
What does Indiana Code § 5-2-23-2 cover?
Section 5-2-23-2 (""Actually innocent"") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 5-2-23-2?
A common citation format is "Indiana Code § 5-2-23-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 5-2-23-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.