Indiana § 35-50-2-13 Use of firearms in controlled substance offenses under IC 35-48-4-1
through IC 35-48-4-4

Indiana Statutes

§ 35-50-2-13 — Use of firearms in controlled substance offenses under IC 35-48-4-1 through IC 35-48-4-4

Indiana·Art. 50 SENTENCES·Ch. 2 Death Sentence and Sentences for Felonies and Habitual

(a)The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:

(1)used a firearm; or

(2)possessed a:

(A)handgun in violation of IC 35-47-2-1.5;

(B)sawed-off shotgun in violation of federal law; or

(C)machine gun in violation of IC 35-47-5-8; while committing the offense.

(b)If the person was convicted of the 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 s

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(a) The state may seek, on a page separate
from the rest of a charging instrument, to have a person who allegedly
committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term
of imprisonment if the state can show beyond a reasonable doubt that
the person knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-2-1.5;
(B) sawed-off shotgun in violation of federal law; or
(C) machine gun in violation of IC 35-47-5-8;
while committing the offense.
(b) If the person was convicted of the 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.
(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 knowingly or intentionally committed
an offense as described in subsection (a), the court may sentence the
person to an additional fixed term of imprisonment of not more than
five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence
the person to an additional fixed term of imprisonment of not
more than ten (10) years.
(2) If the firearm is a machine gun or is equipped with a firearm
silencer or firearm muffler, the court may sentence the person to
an additional fixed term of imprisonment of not more than twenty
(20) years. The additional sentence under this subdivision is in
addition to any additional sentence imposed under section 11 of
this chapter for use of a firearm in the commission of an offense.

Indiana § 35-50-2-13 (Use of firearms in controlled substance offenses under IC 35-48-4-1 through IC 35-48-4-4) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.