Benham v. State

BAKER, Judge.

Today we decide how far across the Ohio River Indiana may enforce its laws. Appellant-defendant Robert Benham appeals the denial of his motion to dismiss charges of Involuntary Manslaughter, a Class C Felony, 1 Reckless Homicide, a Class C Felony, 2 Operating a Watercraft While Intoxicated, a Glass C Misdemeanor, 3 and Operating a Watercraft While Intoxicated Causing Death, a Class C Felony. 4

ISSUES

I. Does Indiana have concurrent jurisdiction with Kentucky over the Ohio River along the Kentucky shoreline?

II. Does Indiana’s criminal jurisdiction statute, IND.CODE 35-41-l-l(a)…