Indiana § 35-50-2-18 "Felony terrorist offense"; charging procedure; sentence

Indiana Statutes

§ 35-50-2-18 — "Felony terrorist offense"; charging procedure; sentence

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

(a)As used in this section, "felony terrorist offense" means the following:

(1)An offense described in IC 35-46.5-2.

(2)Money laundering (IC 35-45-15-5) committed with the intent to:

(A)commit or promote an act of terrorism; or

(B)obtain or transport a weapon of mass destruction.

(3)Intimidation (IC 35-45-2-1) involving a threat:

(A)to commit terrorism; or

(B)made in furtherance of an act of terrorism.

(b)The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense with the intent to aid or assist another person in the commission of a felony terrorist offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person committed the offense with the intent

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(a) As used in this section, "felony terrorist
offense" means the following:
(1) An offense described in IC 35-46.5-2.
(2) Money laundering (IC 35-45-15-5) committed with the intent
to:
(A) commit or promote an act of terrorism; or
(B) obtain or transport a weapon of mass destruction.
(3) Intimidation (IC 35-45-2-1) involving a threat:
(A) to commit terrorism; or
(B) made in furtherance of an act of terrorism.
(b) The state may seek, on a page separate from the rest of a
charging instrument, to have a person who allegedly committed an
offense with the intent to aid or assist another person in the commission
of a felony terrorist offense sentenced to an additional fixed term of
imprisonment if the state can show beyond a reasonable doubt that the
person committed the offense with the intent to aid or assist another
person in the commission of a felony terrorist offense.
(c) If the person is 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.
(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 committed the offense with the intent
to aid or assist another person in the commission of a felony terrorist
offense, the court shall:
(1) sentence the person to an additional fixed term of
imprisonment equal to the sentence imposed for the underlying
offense, if the person is sentenced for only one (1) offense; or
(2) sentence the person to an additional fixed term of
imprisonment equal to the longest sentence imposed for the
underlying offenses, if the person is being sentenced for more
than one (1) offense.
(e) A sentence imposed under this section shall run consecutively
to the underlying sentence.
(f) A term of imprisonment imposed under this section may not be
suspended.

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