§ 35-50-2-14 — Repeat sexual offender

(a) As used in this section, "sex offense"
means a felony conviction under IC 35-42-4-1 through IC 35-42-4-9 or
under IC 35-46-1-3.
(b) The state may seek to have a person sentenced as a repeat sexual
offender for a sex offense described in subsection (a) by alleging, on a
page separate from the rest of the charging instrument, that the person
has accumulated one (1) prior unrelated felony conviction for a sex
offense described in subsection (a).
(c) After a person has been convicted and sentenced for a felony
described in subsection (a) after having been sentenced for a prior
unrelated sex offense described in subsection (a), the person has
accumulated one (1) prior unrelated felony sex offense conviction.
However, a conviction does not count for purposes of this subsection,
if:
(1) it has been set aside; or
(2) it is a conviction for which the person has been pardoned.
(d) If the person was convicted of the sex 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.
(e) A person is a repeat sexual offender 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 had
accumulated one (1) prior unrelated felony sex offense conviction.
(f) The court may sentence a person found to be a repeat sexual
offender to an additional fixed term that is the advisory sentence for the
underlying offense. However, the additional sentence may not exceed
ten (10) years.

Legislative History

As added by P.L.214-1999, SEC.4. Amended by P.L.71-2005, SEC.15; P.L.6-2006, SEC.9, P.L.140-2006, SEC.37, and P.L.173-2006, SEC.37; P.L.125-2009, SEC.8; P.L.142-2020, SEC.86.