Indiana Statutes
§ 35-38-1-8 — Presentence report to be considered by court before sentencing; advisement of victim of right to make statement
Indiana § 35-38-1-8
This text of Indiana § 35-38-1-8 (Presentence report to be considered by court before sentencing; advisement of victim of right to make statement) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 35-38-1-8 (2026).
Text
(a)Except as provided in subsection (c), a
defendant convicted of a felony may not be sentenced before a written
presentence report is prepared by a probation officer and considered by
the sentencing court. Delay of sentence until a presentence report is
prepared does not constitute an indefinite postponement or suspension
of sentence.
(b)A victim present at sentencing in a felony or misdemeanor case
shall be advised by the court of a victim's right to make a statement
concerning the crime and the sentence.
(c)A court may sentence a person convicted of a Level 6 felony
without considering a written presentence report prepared by a
probation officer. However, if a defendant is committed to the
department of correction or a community corrections program under IC 35-38-2.6, the probation o
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Related
Smylie v. State
823 N.E.2d 679 (Indiana Supreme Court, 2005)
Bivins v. State
642 N.E.2d 928 (Indiana Supreme Court, 1995)
Harrison v. State
644 N.E.2d 1243 (Indiana Supreme Court, 1995)
Marsillett v. State
495 N.E.2d 699 (Indiana Supreme Court, 1986)
Harris v. State
659 N.E.2d 522 (Indiana Supreme Court, 1995)
Lambert v. State
643 N.E.2d 349 (Indiana Supreme Court, 1994)
Pennington v. State
821 N.E.2d 899 (Indiana Court of Appeals, 2005)
Woodcox v. State
591 N.E.2d 1019 (Indiana Supreme Court, 1992)
Griffin v. State
583 N.E.2d 191 (Indiana Court of Appeals, 1991)
Howard v. State
481 N.E.2d 1315 (Indiana Supreme Court, 1985)
Noble v. State
725 N.E.2d 842 (Indiana Supreme Court, 2000)
Hunter v. State
477 N.E.2d 317 (Indiana Court of Appeals, 1985)
Carmona v. State
827 N.E.2d 588 (Indiana Court of Appeals, 2005)
Walsman v. State
855 N.E.2d 645 (Indiana Court of Appeals, 2006)
Malone v. State
660 N.E.2d 619 (Indiana Court of Appeals, 1996)
Gonzalez v. State
929 N.E.2d 699 (Indiana Supreme Court, 2010)
Bowens v. State
496 N.E.2d 769 (Indiana Supreme Court, 1986)
Carter v. State
724 N.E.2d 281 (Indiana Court of Appeals, 2000)
John B. Ellis v. State of Indiana
744 N.E.2d 425 (Indiana Supreme Court, 2001)
Hulfachor v. State
813 N.E.2d 1204 (Indiana Court of Appeals, 2004)
Legislative History
As added by P.L.311-1983, SEC.3. Amended by P.L.131-1985,
SEC.16; P.L.240-1991(ss2), SEC.90; P.L.104-1997, SEC.6;
P.L.158-2013, SEC.395.
Nearby Sections
15
§ 35-31.5-1-1
Applicability§ 35-31.5-2-1
"Abandon"§ 35-31.5-2-1.5
"Abuse"§ 35-31.5-2-1.7
"Abusive head trauma"§ 35-31.5-2-10
"Advisory sentence"§ 35-31.5-2-10.5
"Affiant"§ 35-31.5-2-100
"Distribute"§ 35-31.5-2-101
"Distributor"§ 35-31.5-2-102
"Documentary material"§ 35-31.5-2-103
"Domestic animal"§ 35-31.5-2-104
"Drug"§ 35-31.5-2-105
"Drug abuser"§ 35-31.5-2-105.5
"Drug crime"§ 35-31.5-2-106
"Drug or alcohol screening test"§ 35-31.5-2-107
"Dwelling"Cite This Page — Counsel Stack
Bluebook (online)
Indiana § 35-38-1-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-38-1-8.