ROBB, C.J.
Indiana Code section 35-31.5-2-72 [footnote omitted] states:
“Credit restricted felon” means a person who has been convicted of at least one (1) of the following offenses:
(1) Child molesting involving sexual intercourse or deviate sexual conduct (IC 35-42-4-3(a)), if:
(A) the offense is committed by a person at least twenty-one (21) years of age; and
(B) the victim is less than twelve (12) years of age.
(2) Child molesting (IC 35-42-4-3) resulting in serious bodily injury or death.
(3) Murder (IC 35-42-1-1) if:
(A) the person killed the victim while committing or attempting to commit child molesting (Ind. Code 35-42-4-3);
(B) the victim was the victim of a sex crime under IC 35-42-4 for which the person was convicted; or
(C) the victim of the murder was listed by the state or known by the person to be a witness against the person in a prosecution for a sex crime under IC 35-42-4 and the person committed the murder with the intent to prevent the victim from testifying.
A credit restricted felon is initially assigned to credit time Class IV, Ind. Code § 35-50-6-4, earning one day of credit time for every six days the person is imprisoned for a crime or confined awaiting trial or sentencing, Ind. Code § 35-50-6-3(d). A credit restricted felon may not be assigned to credit time Class I or Class II. Ind. Code § 35-50-6-4.
When sentencing Boling, the trial court found that he was a credit restricted felon with respect to the Class A felony conviction. Boling concedes that if he had been convicted of a completed act of child molesting pursuant to Indiana Code section 35-42-4-3(a), his offense would have fallen within the statutory definition of a credit restricted felon. However, he contends the trial court erred in so determining because his conviction was for attempt and the statute does not include attempt within its definition. [Footnote omitted.] . . . .
. . . .
Here, we note that section 35-31.5-2-72 includes the statutory citations for the crimes which qualify one for the status of credit restricted felon, but does not include the citation for the attempt statute. See Camden, 640 N.E.2d at 700 (noting that juvenile jurisdiction statute excludes crimes from the court’s jurisdiction by code section number but “[s]ignificantly” makes no mention of the attempt statute). We also note that in section (3) of the statute, the legislature specifically states that murder qualifies one as a credit restricted felon if it was committed while the defendant was “committing or attempting to commit child molesting.” Ind. Code § 35-31.5-2-72(3)(A) (emphasis added). Thus, within the same statute, the legislature has explicitly included attempted child molesting. If it had intended to do so with respect to section (1), the relevant section here, it also would have done so explicitly. We conclude that a person convicted of attempted child molesting is not a credit restricted felon pursuant to Indiana Code section 35-31.5-2-72(1), and the trial court therefore erred in finding Boling to be a credit restricted felon. We reverse that finding and remand to the trial court to correct Boling’s records to remove the credit restricted felon designation.
MAY, J., and PYLE, J., concur.