CRIMINAL LAWAND PROCEDURE
347
35-50-2-1.3. “Advisory sentence” defined.
(a) For purposes of sections 3 through 7 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 con-
victions that are not crimes of violence (as
defined in IC 35-50-1-2(a)) arising out of
an episode of criminal conduct, in accor-
dance 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.
35-50-2-1.4. “Criminal gang” defined.
For purposes of section 15 of this chapter,
“criminal gang” means a group with at least three
(3) members that specifically:
(1) either;
(A) promotes, sponsors, or assists in; or
(B) participates in; or
(2) requires as a condition or membership
or continued membership;
the commission of a felony or an act that would
be a felony if committed by an adult or the offense
of battery (IC 35-42-2-1).
35-50-2-1.5. “Individual with mental
retardation” defined.
As used in this chapter, “individual with men-
tal retardation” has the meaning set forth in IC 35-
36-9-2.
35-50-2-1.8. “Sex offense against a child”
defined.
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.
35-50-2-2.1. Suspension for adult with
juvenile record.
(a) Except as provided in subsection (b), the
court may not suspend a sentence for a felony for
a person with a juvenile record when:
(1) The juvenile record includes findings
that the juvenile acts, if committed by an
adult, would constitute:
(A) one (1) Class A or Class B felony;
(B) two (2) Class C or Class D
felonies;
(C) one (1) Class C and one (1) Class
D felony;
(D) one (1) Level 1, Level 2, Level 3,
or Level 4 felony;
(E) two (2) Level 5 or Level 6 felonies;
or
(F) one (1) Level 5 and one (1) Level
6 felony; and
(2) Less than three (3) years have elapsed
between commission of the juvenile acts
that would be felonies if committed by an
adult and the commission of the felony
for which the person is being sentenced.
(b) Notwithstanding subsection (a), the court
may suspend any part of the sentence for a felony
if it finds that:
(1) the crime was the result of circum-
stances unlikely to recur;
(2) the victim of the crime induced or facil-
itated the offense;
(3) there are substantial grounds tending to
excuse or justify the crime, although fail-
ing to establish a defense; or
(4) the acts in the juvenile record would not
be Class A, Class B, Level 1, Level 2,
Level 3, or Level 4 felonies if committed
by an adult, and the convicted person is to
undergo home detention under IC 35-38-
1-21 instead of the minimum sentence
specified for the crime under this chapter.
35-50-2-2.2. Suspension; probation.
(a) Except as provided in subsection (b) or
(c), the court may suspend any part of a sentence
for a felony.
