Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

365

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 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 con viction of the offender under IC 31-30-4 con cerning sentencing alternatives for certain offenders under criminal court jurisdiction. Chapter 3. Sentences for Misdemeanors. 35-50-3-1. Suspension; probation. 35-50-3-2. Class A misdemeanor. 35-50-3-3. Class B misdemeanor. 35-50-3-4. Class C misdemeanor. 35-50-3-1. Suspension; probation. (a) The court may suspend any part of a sen tence for a misdemeanor. (b) Except as provided in subsection (c), when ever the court suspends in whole or in part a sen tence for a Class A, Class B, or Class C misdemeanor, it may place the person on proba tion under IC 35-38-2 for a fixed period of not more than one (1) year, notwithstanding the max imum 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

(9) The person’s use of the hand signs of a criminal organization. (10) The person's involvement in recruit ing criminal organization members 35-50-2-16. Murder or attempted murder causing termination of human pregnancy. (a) This section does not apply to: (1) a pregnant woman who terminates or causes the termination of her own preg nancy; 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 com mitting 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 evi dence 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.