Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors.

     (b) In prosecutions for murder, where the death penalty is not sought, and Level 1, Level 2, Level 3, Level 4, or Level 5 felonies, the defendant may challenge, peremptorily, ten (10) jurors.

Terms Used In Indiana Code 35-37-1-3

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
     (c) In prosecutions for all other crimes, the defendant may challenge, peremptorily, five (5) jurors.

     (d) When several defendants are tried together, they must join in their challenges.

As added by Acts 1981, P.L.298, SEC.6. Amended by Acts 1982, P.L.204, SEC.32; P.L.158-2013, SEC.392.