§ 35-50-2-16 — Termination of a human pregnancy; enhancement

(a) This section does not apply to:
(1) a pregnant woman who terminates or causes the termination
of her own pregnancy; 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 committing 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 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.
(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.

Legislative History

As added by P.L.40-2009, SEC.2. Amended by P.L.203-2018, SEC.6.