IC 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.