CRIMINAL LAWAND PROCEDURE
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imposed under section 11 of this chapter
for use of a firearm in the commission of
an offense.
35-50-2-14. Repeat sexual offenders.
(a) As used in this section, “sex offense”
means a felony conviction:
(1) under IC 35-42-4-1 through IC 35-42-
4-9 or under IC 35-46-1-3;
(2) for an attempt or conspiracy to commit
an offense described in subdivision (1);
or
(3) for an offense under the laws of another
jurisdiction, including a military court,
that is substantially similar to an offense
described in subdivision (1).
(b) The state may seek to have a person sen-
tenced as a repeat sexual offender for a sex offense
described in subsection (a)(1) or (a)(2) by alleg-
ing, on a page separate from the rest of the charg-
ing 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)(1) or (a)(2) 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 per-
son has 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 under-
lying offense. However, the additional sentence
may not exceed ten (10) years.
35-50-2-15. Criminal gang sentence
enhancement.
(a) This section does not apply to an individ-
ual who is convicted of a felony offense under IC
35-45-9-3.
(b) The state may seek, on a page separate
from the rest of the charging instrument, to have
a person who allegedly committed a felony offense
sentenced to an additional fixed term of impris-
onment if the state can show beyond a reasonable
doubt that the person:
(1) knowingly or intentionally was a mem-
ber of a criminal gang while committing
the offense; and
(2) committed the felony offense;
(A) at the direction of or in affiliation
with a criminal gang; or
(B) with the intent to benefit, promote,
or further the interests of a criminal
gang, or for the purposes of increasing
the person’s own standing or position
with a criminal gang.
(c) If the person is convicted of the felony
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 knowingly or intentionally was a mem-
ber of a criminal gang while committing the felony
offense and committed the felony offense at the
direction of or in affiliation with a criminal gang
as described in subsection (b), the court shall:
(1) sentence the person to an additional
fixed term of imprisonment equal to the
sentence imposed for the underlying felony,
if the person is sentenced for only one (1)
felony; or
(2) sentence the person to an additional
fixed term of imprisonment equal to the
longest sentence imposed for the underly-
ing felonies, if the person is being sen-
tenced for more than one (1) felony.
