Section 35-31.5-2-168 - "Included offense" "Included offense" means an offense that:
(1) is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense charged;(2) consists of an attempt to commit the offense charged or an offense otherwise included therein; or(3) differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission.Added by P.L. 114-2012, SEC. 67, eff. 7/1/2012.