{"data":{"id":"us-in/ic-5-2-23-2","jurisdiction":"us-in","citation":"IC 5-2-23-2","heading":"\"Actually innocent\"","body":"Sec. 2. (a) As used in this chapter, \"actually innocent\" means, with respect to a particular offense, that a person:\n(1) did not commit the offense; and\n(2) did not:\n(A) commit;\n(B) take part in; or\n(C) plan, prepare for, or participate in the planning or preparation of;\nany other criminal act in connection with that offense.\nThe 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.\n(b) An applicant must prove that he or she is actually innocent by a preponderance of the evidence.","path":["TITLE 5. STATE AND LOCAL ADMINISTRATION","ARTICLE 2. LAW ENFORCEMENT","Chapter 23. Restitution for Wrongfully Incarcerated Persons"],"source_url":"https://iga.in.gov/ic/2026/Title_5.html#5-2-23-2","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-02T16:11:39Z","sha256":"8b66639d14907444acc2b63d00f86793173dd44b2e07e565666733e879cf7be1","source_id":"us-in","stale":false,"prev":"us-in/ic-5-2-23-1","next":"us-in/ic-5-2-23-3"},"notice":"GroundRules: Original legal text. Not legal advice."}
