DataIndiana  

*These factors track the process--i.e. the effort and obstacles--for obtaining data from individual states under the Freedom of Information Act (FOIA) request and appeals process. These factors do not measure the quality of the data; only the process of attempting to obtain the data.

• 50 Days

  To respond to our FOIA request without information specific to those convicted and sentenced for felony murder.

Although we attempted to use publicly available web portals to identify individuals incarcerated under felony murder, as in most other states, Indiana does not have a statute specifically codifying felony murder, which would make it easier to identify and isolate felony murder conviction data. Instead, as in most other states, felony murder is defined within another murder statute.

We appealed the FOIA results and asked for more specific data related to felony murder, but Indiana did not send over anything specific to felony murder.

In Indiana, felony murder is defined in the general murder statute (Ind. Code Ann. § 35-42-1-1).

Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that a death occurred. Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).

A conviction for felony murder carries a possible sentence of 45 years to 65 years no matter the age of the person convicted. If the person convicted is between 16-18 years old, they can be sentenced to life. If the person is 18 years of age or older, they can be sentenced to death.