§ 14-15-11-11 — Operation of motorboat while license is suspended or revoked

Indiana § 14-15-11-11

• Jurisdiction: Indiana
• Art. 15: REGULATION OF WATER RECREATION
• Ch. 11: Requirements for Motorboat Operators

Text

(a) Except as provided in subsection (b), a
person who operates a motorboat upon public waters while the person's
Indiana driver's license is suspended or revoked commits a Class A
infraction. However, if:
(1) a person knowingly or intentionally violates this subsection;
and
(2) less than ten (10) years have elapsed between the date a
judgment was entered against the person for a prior unrelated
violation of this subsection, IC 9-1-4-52 (repealed July 1, 1991),
IC 9-24-18-5 (repealed July 1, 2000), or IC 9-24-19 and the date
the violation described in subdivision (1) was committed;
the person commits a Class A misdemeanor.
(b) If:
(1) a person operates a motorboat upon public waters while the
person's Indiana driver's license is suspended or revoked; and
(2) the person's suspension or revocation was a result of the
person's conviction of an offense (as defined in IC 35-31.5-2-215);
the person commits a Class A misdemeanor. However, notwithstanding
IC 35-50-3-2, a person who violates this subsection shall be imprisoned
for a fixed term of not less than sixty (60) days and not more than one
(1) year. Notwithstanding IC 35-50-3-1, the court may not suspend any
part of the sentence except that part of the sentence exceeding sixty
(60) days.
(c) In addition to any other penalty imposed for a conviction under
this section, the court may recommend that the person's privileges to
operate a motorboat upon public waters be suspended for a fixed period
of not more than two (2) years.
(d) The bureau, upon receiving a record of conviction of a person on
a charge of operating a motorboat while the person's driver's license
was suspended, shall extend the period of suspension in accordance
with the recommendation of the court that entered the conviction.
(e) In a prosecution under this section, the burden is on the
defendant to prove by a preponderance of the evidence that, at the time
of the alleged offense, the defendant held a valid Indiana driver's
license.

Legislative History

As added by P.L.57-1995, SEC.8. Amended by P.L.32-2000, SEC.8; P.L.114-2012, SEC.36; P.L.217-2014, SEC.181.