reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 1. General Provisions › 35-50-1-6. Placement in Secure Private Facility

Sec. 6. (a) Before a person who has been convicted of an offense and committed to the department of correction is assigned to a department of correction program or facility under IC 11-10-1, the sentencing court may recommend that the department of correction place the person in a secure private facility (as defined in IC 31-9-2-115) if:
(1) the person was less than sixteen (16) years of age on the date of sentencing; and
(2) the court determines that the person would benefit from the treatment offered by the facility.
(b) A secure private facility may terminate a placement and request the department of correction to reassign a convicted person to another department of correction facility or program.
(c) When a convicted person becomes twenty-one (21) years of age or if a secure private facility terminates a placement under subsection (b) a convicted person shall:
(1) be assigned to a department of correction facility or program under IC 11-10-1-3(b); and
(2) serve the remainder of the sentence in the department of correction facility or program.
(d) A person who is placed in a secure private facility under this section:
(1) is entitled to earn educational credit and good time credit under IC 35-50-6; and
(2) may be deprived of earned educational credit and good time credit as provided under rules adopted by the department of correction under IC 4-22-2.
As added by P.L.79-1994, SEC.17. Amended by P.L.1-1997, SEC.154; P.L.1-2002, SEC.151; P.L.74-2015, SEC.28.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 1. General Provisions › 35-50-1-7. Notifying Department of Name and Address of Victim

Sec. 7. Whenever a court commits a person to the department of correction as a result of a conviction, the court shall notify the department of correction of the last known name and address of any victim of the offense for which the person is convicted.
As added by P.L.90-2000, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments described in section 0.2 of this chapter apply as described in section 0.2 of this chapter.
(2) The amendments made to sections 3 and 9 of this chapter by P.L.332-1987 do not apply to a case in which a death sentence has been imposed before September 1, 1987.
(3) The amendments made to sections 3 and 9 of this chapter by P.L.250-1993 apply only to murders committed after June 30, 1993.
(4) The amendments made to section 2 of this chapter by P.L.11-1994 (before the repeal of section 2 of this chapter) apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.
(5) The amendments made to section 8 of this chapter by P.L.166-2001 apply only if the offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.
(6) The amendments made to section 1 of this chapter by P.L.243-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.243-2001.
(7) The amendments made to section 8(b)(3) of this chapter by P.L.291-2001) (before its deletion on July 1, 2014) apply only if the last offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.
(8) The amendments made to section 10 of this chapter by P.L.291-2001 (before the repeal of section 10 of this chapter) apply only if the last offense for which the state seeks to have the person sentenced as a habitual substance offender was committed after June 30, 2001. However, a prior unrelated conviction committed before, on, or after July 1, 2001, may be used to qualify an offender as a habitual offender under section 8 of this chapter or as a habitual substance offender under section 10 of this chapter.
(9) The amendments made to section 1 of this chapter by P.L.291-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the passage of P.L.291-2001.
(10) The amendments made to section 9 of this chapter by P.L.80-2002 apply only to a conviction for murder that occurs after March 20, 2002, including a conviction entered as a result of a retrial of a person, regardless of when the offense occurred.
As added by P.L.220-2011, SEC.634. Amended by P.L.63-2012, SEC.87; P.L.158-2013, SEC.651; P.L.168-2014, SEC.109.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985

Sec. 0.2. (a) The addition of section 7.1 of this chapter (before its repeal) and the amendment of section 8 of this chapter by P.L.328-1985 do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be imposed and enforced under section 8 of this chapter as if P.L.328-1985 had not been enacted.
(b) If all the felonies relied upon for sentencing a person as a habitual offender under section 8 of this chapter are felonies that were committed before September 1, 1985, the felonies shall be prosecuted and remain punishable under section 8 of this chapter as if P.L.328-1985 had not been enacted.
As added by P.L.220-2011, SEC.635.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-0.3. Content of Juvenile Record

Sec. 0.3. For purposes of section 2.1 of this chapter (before its repeal), as added by P.L.284-1985, the juvenile record includes only those adjudications of delinquency after May 31, 1985.
As added by P.L.220-2011, SEC.636. Amended by P.L.72-2023, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-1. Definitions

Sec. 1. (a) As used in this chapter, "Level 6 felony conviction" means:
(1) a conviction in Indiana for:
(A) a Class D felony, for a crime committed before July 1, 2014; or
(B) a Level 6 felony, for a crime committed after June 30, 2014; and
(2) a conviction, in any other jurisdiction at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year but less than two and one-half (2 1/2) years.
However, the term does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor entered under IC 35-38-1-1.5 or section 7(c) or 7(d) of this chapter.
(b) As used in this chapter, "felony conviction" means a conviction, at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a conviction of a Class A misdemeanor under section 7(c) of this chapter.
(c) As used in this chapter, "minimum sentence" means:
(1) for murder, forty-five (45) years;
(2) for a Class A felony, for a crime committed before July 1, 2014, twenty (20) years;
(3) for a Class B felony, for a crime committed before July 1, 2014, six (6) years;
(4) for a Class C felony, for a crime committed before July 1, 2014, two (2) years;
(5) for a Class D felony, for a crime committed before July 1, 2014, one-half (1/2) year;
(6) for a Level 1 felony, for a crime committed after June 30, 2014, twenty (20) years;
(7) for a Level 2 felony, for a crime committed after June 30, 2014, ten (10) years;
(8) for a Level 3 felony, for a crime committed after June 30, 2014, three (3) years;
(9) for a Level 4 felony, for a crime committed after June 30, 2014, two (2) years;
(10) for a Level 5 felony, for a crime committed after June 30, 2014, one (1) year; and
(11) for a Level 6 felony, for a crime committed after June 30, 2014, one-half (1/2) year.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.114; P.L.334-1983, SEC.1; P.L.98-1988, SEC.8; P.L.243-2001, SEC.2 and P.L.291-2001, SEC.225; P.L.69-2012, SEC.5; P.L.158-2013, SEC.652; P.L.20-2018, SEC.1; P.L.142-2020, SEC.84.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-1.3. "Advisory Sentence"

Sec. 1.3. (a) For purposes of this chapter, "advisory sentence" means a guideline sentence that the court may voluntarily consider when imposing a sentence.
(b) Except as provided in subsection (c), a court is not required to use an advisory sentence.
(c) In imposing:
(1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-50-1-2(a)) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2; or
(2) an additional fixed term to a repeat sexual offender under section 14 of this chapter;
a court is required to use the appropriate advisory sentence in imposing a consecutive sentence or an additional fixed term. However, the court is not required to use the advisory sentence in imposing the sentence for the underlying offense.
(d) This section does not require a court to use an advisory sentence in imposing consecutive sentences for felony convictions that do not arise out of an episode of criminal conduct.
As added by P.L.71-2005, SEC.5. Amended by P.L.178-2007, SEC.4; P.L.168-2014, SEC.110; P.L.109-2015, SEC.56.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-1.4. "Criminal Organization"

Sec. 1.4. For purposes of section 15 of this chapter, "criminal organization" has the meaning set forth in IC 35-45-9-1.
As added by P.L.109-2006, SEC.2. Amended by P.L.192-2007, SEC.12; P.L.25-2016, SEC.27.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-1.5. "Individual With an Intellectual Disability"

Sec. 1.5. As used in this chapter, "individual with an intellectual disability" has the meaning set forth in IC 35-36-9-2.
As added by P.L.158-1994, SEC.4. Amended by P.L.99-2007, SEC.211; P.L.117-2015, SEC.55.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-1.8. "Sex Offense Against a Child"

Sec. 1.8. As used in this chapter, "sex offense against a child" means an offense under IC 35-42-4 in which the victim is a child less than eighteen (18) years of age.
As added by P.L.53-2005, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-2. Repealed

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.115; Acts 1979, P.L.305, SEC.1; Acts 1982, P.L.204, SEC.39; P.L.334-1983, SEC.2; P.L.284-1985, SEC.3; P.L.211-1986, SEC.1; P.L.98-1988, SEC.9; P.L.351-1989(ss), SEC.4; P.L.214-1991, SEC.2; P.L.240-1991(ss2), SEC.98; P.L.11-1994, SEC.17; P.L.203-1996, SEC.8; P.L.96-1996, SEC.7; P.L.220-1997, SEC.1; P.L.188-1999, SEC.8; P.L.17-2001, SEC.30; P.L.222-2001, SEC.6; P.L.238-2001, SEC.21; P.L.116-2002, SEC.25; P.L.224-2003, SEC.126; P.L.85-2004, SEC.11; P.L.213-2005, SEC.7; P.L.151-2006, SEC.28; P.L.140-2006, SEC.36 and P.L.173-2006, SEC.36; P.L.1-2007, SEC.236; P.L.216-2007, SEC.50; P.L.64-2008, SEC.2; P.L.126-2012, SEC.60. Repealed by P.L.158-2013, SEC.653.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-2.1. Repealed

As added by P.L.284-1985, SEC.4. Amended by P.L.331-1987, SEC.1; P.L.98-1988, SEC.10; P.L.168-2014, SEC.111. Repealed by P.L.72-2023, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-2.2. Suspension of a Sentence for a Felony

Sec. 2.2. (a) Except as provided in subsection (b) or (c), the court may suspend any part of a sentence for a felony.
(b) If a person is convicted of:
(1) a Level 2 felony; or
(2) a Level 3 felony and has:
(A) any prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, hash oil, or salvia divinorum; or
(B) a prior juvenile adjudication for an act that would constitute a felony if committed by an adult, other than an adjudication for an offense involving marijuana, hashish, hash oil, or salvia divinorum, and less than three (3) years have elapsed between commission of the act and the commission of the Level 3 felony for which the person is being sentenced;
the court may suspend only that part of a sentence that is in excess of the minimum sentence for the Level 2 felony or the Level 3 felony.
(c) The court may suspend only that part of a sentence for murder or a Level 1 felony conviction that is in excess of the minimum sentence for murder or the Level 1 felony conviction.
(d) The court may suspend any part of a sentence for an offense filed in adult court under IC 31-30-1-4(d), unless the offense is murder (IC 35-42-1-1).
As added by P.L.158-2013, SEC.654. Amended by P.L.168-2014, SEC.112; P.L.10-2016, SEC.1; P.L.252-2017, SEC.27; P.L.142-2020, SEC.85; P.L.119-2021, SEC.1; P.L.72-2023, SEC.15; P.L.115-2023, SEC.12; P.L.170-2023, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-3. Murder

Sec. 3. (a) A person who commits murder shall be imprisoned for a fixed term of between forty-five (45) and sixty-five (65) years, with the advisory sentence being fifty-five (55) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), a person who was:
(1) at least eighteen (18) years of age at the time the murder was committed may be sentenced to:
(A) death; or
(B) life imprisonment without parole; and
(2) at least sixteen (16) years of age but less than eighteen (18) years of age at the time the murder was committed may be sentenced to life imprisonment without parole;
under section 9 of this chapter unless a court determines under IC 35-36-9 that the person is an individual with an intellectual disability.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.116; P.L.332-1987, SEC.1; P.L.250-1993, SEC.1; P.L.164-1994, SEC.2; P.L.158-1994, SEC.5; P.L.2-1995, SEC.128; P.L.148-1995, SEC.4; P.L.117-2002, SEC.1; P.L.71-2005, SEC.6; P.L.99-2007, SEC.212; P.L.117-2015, SEC.56.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-4. Class a Felony; Level 1 Felony

Sec. 4. (a) A person who commits a Class A felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between twenty (20) and fifty (50) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Except as provided in subsection (c), a person who commits a Level 1 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between twenty (20) and forty (40) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(c) A person who commits a Level 1 felony child molesting offense described in:
(1) IC 35-42-4-3(a)(1); or
(2) IC 35-42-4-3(a)(3);
shall be imprisoned for a fixed term of between twenty (20) and fifty (50) years, with the advisory sentence being thirty (30) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.117; P.L.164-1994, SEC.3; P.L.148-1995, SEC.5; P.L.71-2005, SEC.7; P.L.158-2013, SEC.655; P.L.168-2014, SEC.113; P.L.226-2014(ts), SEC.13; P.L.109-2023, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-4.5. Level 2 Felony

Sec. 4.5. A person who commits a Level 2 felony shall be imprisoned for a fixed term of between ten (10) and thirty (30) years, with the advisory sentence being seventeen and one-half (17 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by P.L.158-2013, SEC.656.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-5. Class B Felony; Level 3 Felony

Sec. 5. (a) A person who commits a Class B felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) A person who commits a Level 3 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between three (3) and sixteen (16) years, with the advisory sentence being nine (9) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.118; P.L.71-2005, SEC.8; P.L.158-2013, SEC.657; P.L.168-2014, SEC.114.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-5.5. Level 4 Felony

Sec. 5.5. A person who commits a Level 4 felony shall be imprisoned for a fixed term of between two (2) and twelve (12) years, with the advisory sentence being six (6) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by P.L.158-2013, SEC.658. Amended by P.L.168-2014, SEC.115.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony

Sec. 6. (a) A person who commits a Class C felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between two (2) and eight (8) years, with the advisory sentence being four (4) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) A person who commits a Level 5 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(c) Notwithstanding subsections (a) and (b), if a person commits nonsupport of a child as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014) under IC 35-46-1-5, the sentencing court may convert the Class C felony conviction to a Class D felony conviction or a Level 5 felony conviction to a Level 6 felony conviction if, after receiving a verified petition as described in subsection (d) and after conducting a hearing in which the prosecuting attorney has been notified, the court makes the following findings:
(1) The person has successfully completed probation as required by the person's sentence.
(2) The person has satisfied other obligations imposed on the person as required by the person's sentence.
(3) The person has paid in full all child support arrearages due that are named in the information and no further child support arrearage is due.
(4) The person has not been convicted of another felony since the person was sentenced for the underlying nonsupport of a child felony.
(5) There are no criminal charges pending against the person.
(d) A petition filed under subsection (c) must be verified and set forth the following:
(1) A statement that the person was convicted of nonsupport of a child under IC 35-46-1-5.
(2) The date of the conviction.
(3) The date the person completed the person's sentence.
(4) The amount of the child support arrearage due at the time of conviction.
(5) The date the child support arrearage was paid in full.
(6) A verified statement that no further child support arrearage is due.
(7) Any other obligations imposed on the person as part of the person's sentence.
(8) The date the obligations were satisfied.
(9) A verified statement that there are no criminal charges pending against the person.
(e) A person whose conviction has been converted to a lower penalty under this section is eligible to seek expungement under IC 35-38-9-3 with the date of conversion used as the date of conviction to calculate time frames under IC 35-38-9.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.119; P.L.167-1990, SEC.1; P.L.213-1996, SEC.5; P.L.71-2005, SEC.9; P.L.158-2013, SEC.659; P.L.148-2014, SEC.2; P.L.168-2014, SEC.116.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-7.1. Repealed

As added by P.L.328-1985, SEC.1. Amended by P.L.1-1990, SEC.352. Repealed by P.L.164-1993, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-8.5. Repealed

As added by P.L.158-1994, SEC.6. Amended by P.L.53-2005, SEC.2. Repealed by P.L.158-2013, SEC.662.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-10. Repealed

As added by P.L.335-1983, SEC.2. Amended by P.L.327-1985, SEC.5; P.L.98-1988, SEC.11; P.L.1-1990, SEC.355; P.L.96-1996, SEC.8; P.L.97-1996, SEC.5; P.L.2-1997, SEC.77; P.L.291-2001, SEC.227; P.L.71-2005, SEC.12; P.L.213-2005, SEC.5; P.L.1-2006, SEC.551. Repealed by P.L.158-2013, SEC.664.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-12. Characteristics of Incarcerated Offenders; Publication of Findings

Sec. 12. The Indiana criminal justice institute shall review characteristics of offenders committed to the department of correction over such period of time it deems appropriate and of the offenses committed by those offenders in order to ascertain norms used by the trial courts in sentencing. The Indiana criminal justice institute shall from time to time publish its findings in the Indiana Register and provide its findings to the legislative services agency and the judicial conference of Indiana.
As added by P.L.164-1994, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-13. Use of Firearms in Controlled Substance Offenses Under Ic 35-48-4-1 Through Ic 35-48-4-4

Sec. 13. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-2-1.5;
(B) sawed-off shotgun in violation of federal law; or
(C) machine gun in violation of IC 35-47-5-8;
while committing the offense.
(b) If the person was convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally committed an offense as described in subsection (a), the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years.
(2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. The additional sentence under this subdivision is in addition to any additional sentence imposed under section 11 of this chapter for use of a firearm in the commission of an offense.
As added by P.L.148-1995, SEC.6. Amended by P.L.71-2005, SEC.14; P.L.84-2015, SEC.5; P.L.175-2022, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-14. Repeat Sexual Offender

Sec. 14. (a) As used in this section, "sex offense" means a felony conviction under IC 35-42-4-1 through IC 35-42-4-9 or under IC 35-46-1-3.
(b) The state may seek to have a person sentenced as a repeat sexual offender for a sex offense described in subsection (a) by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated one (1) prior unrelated felony conviction for a sex offense described in subsection (a).
(c) After a person has been convicted and sentenced for a felony described in subsection (a) after having been sentenced for a prior unrelated sex offense described in subsection (a), the person has accumulated one (1) prior unrelated felony sex offense conviction. However, a conviction does not count for purposes of this subsection, if:
(1) it has been set aside; or
(2) it is a conviction for which the person has been pardoned.
(d) If the person was convicted of the sex offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(e) A person is a repeat sexual offender if the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had accumulated one (1) prior unrelated felony sex offense conviction.
(f) The court may sentence a person found to be a repeat sexual offender to an additional fixed term that is the advisory sentence for the underlying offense. However, the additional sentence may not exceed ten (10) years.
As added by P.L.214-1999, SEC.4. Amended by P.L.71-2005, SEC.15; P.L.6-2006, SEC.9, P.L.140-2006, SEC.37, and P.L.173-2006, SEC.37; P.L.125-2009, SEC.8; P.L.142-2020, SEC.86.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-16. Termination of a Human Pregnancy; Enhancement

Sec. 16. (a) This section does not apply to:
(1) a pregnant woman who terminates or causes the termination of her own pregnancy; or
(2) an abortion performed in compliance with IC 16-34.
(b) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed or attempted to commit a felony sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing or attempting to commit the felony, caused the termination of a human pregnancy.
(c) If the person is convicted of the felony in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person, while committing or attempting to commit a felony, caused the termination of a human pregnancy, the court shall sentence the person to an additional fixed term of imprisonment of not less than six (6) or more than twenty (20) years.
(e) A sentence imposed under this section runs consecutively to the underlying sentence.
(f) For purposes of this section, prosecution of the felony and the enhancement of the penalty for that crime does not require proof that:
(1) the person committing or attempting to commit the felony had knowledge or should have had knowledge that the victim was pregnant; or
(2) the defendant intended to cause the termination of a human pregnancy.
As added by P.L.40-2009, SEC.2. Amended by P.L.203-2018, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-17. Sentencing Alternatives for Offenders Less Than 18 Years of Age

Sec. 17. Notwithstanding any other provision of this chapter, if:
(1) an offender is:
(A) less than eighteen (18) years of age;
(B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be a felony if committed by an adult; and
(C) convicted of committing the felony or enters a plea of guilty to committing the felony; or
(2) an offender is:
(A) less than eighteen (18) years of age;
(B) charged with a felony over which a juvenile court does not have jurisdiction under IC 31-30-1-4; and
(C) convicted of committing the felony by a court with criminal jurisdiction or enters a plea of guilty to committing the felony with the court;
the court may impose a sentence upon the conviction of the offender under IC 31-30-4 concerning sentencing alternatives for certain offenders under criminal court jurisdiction.
As added by P.L.104-2013, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-18. "Felony Terrorist Offense"; Charging Procedure; Sentence

Sec. 18. (a) As used in this section, "felony terrorist offense" means the following:
(1) An offense described in IC 35-46.5-2.
(2) Money laundering (IC 35-45-15-5) committed with the intent to:
(A) commit or promote an act of terrorism; or
(B) obtain or transport a weapon of mass destruction.
(3) Intimidation (IC 35-45-2-1) involving a threat:
(A) to commit terrorism; or
(B) made in furtherance of an act of terrorism.
(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense with the intent to aid or assist another person in the commission of a felony terrorist offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person committed the offense with the intent to aid or assist another person in the commission of a felony terrorist offense.
(c) If the person is convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(d) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person committed the offense with the intent to aid or assist another person in the commission of a felony terrorist offense, the court shall:
(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying offense, if the person is sentenced for only one (1) offense; or
(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying offenses, if the person is being sentenced for more than one (1) offense.
(e) A sentence imposed under this section shall run consecutively to the underlying sentence.
(f) A term of imprisonment imposed under this section may not be suspended.
As added by P.L.66-2019, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders › 35-50-2-19. Unlawful Use of a Tracking Device; Enhancement

Sec. 19. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a tracking device:
(1) in the commission of the offense; or
(2) to facilitate the commission of the offense.
(b) If the person was convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proven beyond a reasonable doubt that the person knowingly or intentionally used a tracking device in the commission of the offense, or to facilitate the commission of the offense, the court may sentence the person to an additional fixed term of imprisonment of:
(1) if the offense did not result in serious bodily injury to another person, between six (6) months and two and one-half (2 1/2) years; or
(2) if the offense resulted in serious bodily injury to another person, between one (1) and six (6) years.
(d) A person who commits more than one (1) offense comprising a single episode of criminal conduct may be sentenced to only one (1) additional fixed term under this section.
As added by P.L.172-2023, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 3. Sentences for Misdemeanors › 35-50-3-1. Suspension; Probation

Sec. 1. (a) The court may suspend any part of a sentence for a misdemeanor.
(b) Except as provided in subsection (c), whenever the court suspends in whole or in part a sentence for a Class A, Class B, or Class C misdemeanor, it may place the person on probation under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor set forth in sections 2 through 4 of this chapter. However, the combined term of imprisonment and probation for a misdemeanor may not exceed one (1) year.
(c) Whenever the court suspends a sentence for a misdemeanor, if the court finds that the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense, the court may place the person on probation under IC 35-38-2 for a fixed period of not more than two (2) years. However, a court may not place a person on probation for a period of more than twelve (12) months in the absence of a report that substantiates the need for a period of probation that is longer than twelve (12) months for the purpose of completing a course of substance abuse treatment. A probation user's fee that exceeds fifty percent (50%) of the maximum probation user's fee allowed under IC 35-38-2-1 may not be required beyond the first twelve (12) months of probation.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.123; P.L.5-1988, SEC.210; P.L.135-1993, SEC.9; P.L.90-2001, SEC.1; P.L.1-2002, SEC.152.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 3. Sentences for Misdemeanors › 35-50-3-2. Class a Misdemeanor

Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 3. Sentences for Misdemeanors › 35-50-3-3. Class B Misdemeanor

Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 3. Sentences for Misdemeanors › 35-50-3-4. Class C Misdemeanor

Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).
As added by Acts 1978, P.L.2, SEC.3554.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 5. Additional Penalties › 35-50-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 3 of this chapter by P.L.125-2006 apply only to persons sentenced after June 30, 2006.
As added by P.L.220-2011, SEC.638.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 5. Additional Penalties › 35-50-5-1. Repealed

[Pre-Local Government Recodification Citations: 18-1-20-4; 35-50-5-1.]
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.130; Acts 1980, P.L.8, SEC.178. Repealed by Acts 1980, P.L.73, SEC.23.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 5. Additional Penalties › 35-50-5-1.1. Bribery or Official Misconduct; Filling Vacancy Under Ic 5-8-6

Sec. 1.1. (a) Whenever a person is convicted of a misdemeanor under IC 35-44.1-1, the court may include in the sentence an order rendering the person incapable of holding a public office of trust or profit for a fixed period of not more than ten (10) years.
(b) If any officer of a governmental entity is convicted of a misdemeanor under IC 35-44.1-1, the court may enter an order removing the officer from office.
(c) This subsection applies whenever:
(1) the court enters an order under this section that applies to a person who is an officer of a governmental entity (as defined in IC 35-31.5-2-144); and
(2) a vacancy occurs in the office held by the person as the result of the court's order.
The court must file a certified copy of the order with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the office. The person receiving the copy of the order must give notice of the order in the same manner as if the person had received a notice of the death of the officeholder under IC 5-8-6. The person required or permitted to fill the vacancy that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.
As added by Acts 1980, P.L.73, SEC.3. Amended by P.L.4-1991, SEC.140; P.L.119-2005, SEC.35; P.L.126-2012, SEC.61; P.L.114-2012, SEC.145.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 5. Additional Penalties › 35-50-5-2. Alternative Fine

Sec. 2. In the alternative to the provisions concerning fines in this article, a person may be fined a sum equal to twice his pecuniary gain, or twice the pecuniary loss sustained by victims of the offense he committed.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.131.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 5. Additional Penalties › 35-50-5-4. Reimbursement Order

Sec. 4. (a) This section applies only:
(1) if the county in which a criminal proceeding was filed adopts an ordinance under IC 36-2-13-15; and
(2) to a person who is sentenced under this article for a felony or a misdemeanor.
(b) At the time the court imposes a sentence, the court may order the person to execute a reimbursement plan as directed by the court and make repayments under the plan to the county for the costs described in IC 36-2-13-15.
(c) The court shall fix an amount under this section that:
(1) may not exceed an amount the person can or will be able to pay;
(2) does not harm the person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and
(3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.
(d) When an order is issued under this section, the issuing court shall send a certified copy of the order to the clerk of the circuit court in the county where the felony or misdemeanor charge was filed. Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2.
(e) An order under this section is not discharged:
(1) by the completion of a sentence imposed for a felony or misdemeanor; or
(2) by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, and IC 34-48-6 before their repeal).
As added by P.L.123-1998, SEC.1. Amended by P.L.1-1999, SEC.79; P.L.2-2002, SEC.106; P.L.98-2004, SEC.158; P.L.106-2010, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 1 of this chapter by P.L.11-1994 apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.
(2) The amendments made to sections 3, 4, and 5 of this chapter by P.L.80-2008 apply only to persons convicted after June 30, 2008.
As added by P.L.220-2011, SEC.639. Amended by P.L.63-2012, SEC.89.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-0.5. Definitions

Sec. 0.5. The following definitions apply throughout this chapter:
(1) "Accrued time" means the amount of time that a person is imprisoned, confined, on home detention as a condition of probation, or on home detention in a community corrections program. In determining the number of days a person has been imprisoned, confined, on home detention as a condition of probation, or on home detention in a community corrections program, a partial calendar day is considered to be one (1) calendar day.
(2) "Calendar day" means the period of elapsed time that begins at midnight and ends twenty-four (24) hours later at the next midnight.
(3) "Credit time" means the sum of a person's accrued time, good time credit, and educational credit.
(4) "Educational credit" means a reduction in a person's term of imprisonment or confinement awarded for participation in an educational, vocational, rehabilitative, or other program. The term includes an individualized case management plan.
(5) "Good time credit" means a reduction in a person's term of imprisonment or confinement awarded for the person's good behavior while imprisoned, confined, or on home detention.
(6) "Individualized case management plan" means educational credit which consists of a plan designed to address an incarcerated person's risk of recidivism, and may include:
(A) addiction recovery treatment;
(B) mental health treatment;
(C) vocational education programming;
(D) adult basic education, a high school or high school equivalency diploma, a college diploma, and any other academic educational goal; or
(E) any other programming or activity that encourages productive pursuits while a person is incarcerated and that may reduce the person's likelihood to recidivate after the person's release from incarceration.
As added by P.L.74-2015, SEC.30. Amended by P.L.106-2020, SEC.2; P.L.45-2022, SEC.11; P.L.37-2023, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-0.6. Effect of Enactments

Sec. 0.6. The enactment of legislation in the 2015 regular session of the general assembly changing the terms "credit time" and "earned credit time" to "accrued time", "credit time", "educational credit", and "good time credit":
(1) is intended to be a clarification; and
(2) does not affect any time accrued before July 1, 2015, by a person charged with or convicted of a crime.
As added by P.L.74-2015, SEC.31.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-2. Discharge From Imprisonment for a Misdemeanor

Sec. 2. A person imprisoned for a misdemeanor shall be discharged when he completes his fixed term of imprisonment, less the credit time he has earned with respect to that term.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.133.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-3. Credit Time Classes for a Person Convicted Before July 1, 2014

Sec. 3. (a) This section applies to a person who commits an offense before July 1, 2014.
(b) A person assigned to Class I earns one (1) day of good time credit for each calendar day or partial calendar day the person is imprisoned for a crime or confined awaiting trial or sentencing.
(c) A person assigned to Class II earns one (1) day of good time credit for every two (2) calendar days or partial calendar days the person is imprisoned for a crime or confined awaiting trial or sentencing.
(d) A person assigned to Class III earns no good time credit.
(e) A person assigned to Class IV earns one (1) day of good time credit for every six (6) calendar days or partial calendar days the person is imprisoned for a crime or confined awaiting trial or sentencing.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.134; P.L.80-2008, SEC.2; P.L.158-2013, SEC.667; P.L.168-2014, SEC.120; P.L.74-2015, SEC.32; P.L.45-2022, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 50. Sentences › Chapter 6. Release From Imprisonment and Credit Time › 35-50-6-3.1. Credit Time Classes

Sec. 3.1. (a) This section applies to a person who commits an offense after June 30, 2014.
(b) A person assigned to Class A earns one (1) day of good time credit for each calendar day or partial calendar day the person is:
(1) imprisoned for a crime;
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(c) A person assigned to Class B earns one (1) day of good time credit for every three (3) calendar days or partial calendar days the person is:
(1) imprisoned for a crime;
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(d) A person assigned to Class C earns one (1) day of good time credit for every six (6) calendar days or partial calendar days the person is:
(1) imprisoned for a crime;
(2) confined awaiting trial or sentencing; or
(3) on pretrial home detention.
(e) A person assigned to Class D earns no good time credit.
As added by P.L.158-2013, SEC.668. Amended by P.L.168-2014, SEC.121; P.L.74-2015, SEC.33; P.L.44-2016, SEC.9; P.L.106-2020, SEC.3; P.L.142-2020, SEC.87; P.L.45-2022, SEC.13; P.L.37-2023, SEC.4.