CRIMINAL LAWAND PROCEDURE
357
(e) A sentence imposed under this section
shall run consecutively to the underlying sen-
tence.
(f) A term of imprisonment imposed under
this section may not be suspended.
(g) For purposes of subsection (c), evidence
that a person was a member of a criminal gang or
committed a felony at the direction of or in affil-
iation with a criminal gang may include the fol-
lowing:
(1) An admission of criminal gang mem-
bership by the person.
(2) A statement by:
(A) a member of the person’s family;
(B) the person’s guardian; or
(C) a reliable member of the criminal
gang;
stating the person is a member of a crim-
inal gang.
(3) The person having tattoos identifying
the person as a member of a criminal gang.
(4) The person having a style of dress that
is particular to members of a criminal
gang.
(5) The person associating with one (1)
or more members of a criminal gang.
(6) Physical evidence indicating the person
is a member of a criminal gang.
(7) An observation of the person in the
company of a known criminal gang mem-
ber on multiple occasions.
(8) Communications authored by the per-
son indicating gang membership.
35-50-2-16. Murder or attempted murder
causing termination of human
pregnancy.
(a) 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 murder under IC 35-42-1-1(1) or IC 35-
42-1-1(2) sentenced to an additional fixed term of
imprisonment if the state can show beyond a rea-
sonable doubt that the person, while committing
or attempting to commit murder under IC 35-42-
1-1(1) or IC 35-42-1-1(2), caused the termination
of a human pregnancy.
(b) If the person is convicted of murder or
attempted murder in a jury trial, the jury shall
reconvene to hear evidence in the enhancement
hearing. If the trial was to the court, or the judg-
ment 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, while committing or attempting to
commit murder under IC 35-42-1-1(1) or IC 35-
42-1-1(2), 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.
(d) A sentence imposed under this section
runs consecutively to the underlying sentence.
(e) For purposes of this section, prosecution of
the murder or attempted murder under IC 35-42-
1-1(1) or IC 35-42-1-1(2) and the enhancement of
the penalty for that crime does not require proof
that:
(1) the person committing or attempting to
commit the murder 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.
35-50-2-17. Sentencing alternatives for
juvenile offenders.
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 juris-
diction under IC 31-30-1-4; and
(C) convicted of committing the felony
