§ 35-50-2-19 — Unlawful use of a tracking device; enhancement

Indiana § 35-50-2-19

• Jurisdiction: Indiana
• Art. 50: SENTENCES
• Ch. 2: Death Sentence and Sentences for Felonies and Habitual

Text

(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 sentenced to an additional fixed term of
imprisonment if the state can show beyond a reasonable doubt that the
person knowingly or intentionally used a tracking device:
(1) in the commission of the offense; or
(2) to facilitate the commission of 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 proven beyond a
reasonable doubt that the person knowingly or intentionally used a
tracking device in the commission of the offense, or to facilitate the
commission of the offense, the court may sentence the person to an
additional fixed term of imprisonment of:
(1) if the offense did not result in serious bodily injury to another
person, between six (6) months and two and one-half (2 1/2)
years; or
(2) if the offense resulted in serious bodily injury to another
person, between one (1) and six (6) years.
(d) A person who commits more than one (1) offense comprising a
single episode of criminal conduct may be sentenced to only one (1)
additional fixed term under this section.

Legislative History

As added by P.L.172-2023, SEC.7.