§ 35-50-2-6 — Class C felony; Level 5 felony; commission of nonsupport of child as Class D felony

Indiana § 35-50-2-6

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

Text

(a) A person who commits a Class C felony
(for a crime committed before July 1, 2014) shall be imprisoned for a
fixed term of between two (2) and eight (8) years, with the advisory
sentence being four (4) years. In addition, the person may be fined not
more than ten thousand dollars ($10,000).
(b) A person who commits a Level 5 felony (for a crime committed
after June 30, 2014) shall be imprisoned for a fixed term of between
one (1) and six (6) years, with the advisory sentence being three (3)
years. In addition, the person may be fined not more than ten thousand
dollars ($10,000).
(c) Notwithstanding subsections (a) and (b), if a person commits
nonsupport of a child as a Class C felony (for a crime committed before
July 1, 2014) or a Level 5 felony (for a crime committed after June 30,
2014) under IC 35-46-1-5, the sentencing court may convert the Class
C felony conviction to a Class D felony conviction or a Level 5 felony
conviction to a Level 6 felony conviction if, after receiving a verified
petition as described in subsection (d) and after conducting a hearing
in which the prosecuting attorney has been notified, the court makes
the following findings:
(1) The person has successfully completed probation as required
by the person's sentence.
(2) The person has satisfied other obligations imposed on the
person as required by the person's sentence.
(3) The person has paid in full all child support arrearages due
that are named in the information and no further child support
arrearage is due.
(4) The person has not been convicted of another felony since the
person was sentenced for the underlying nonsupport of a child
felony.
(5) There are no criminal charges pending against the person.
(d) A petition filed under subsection (c) must be verified and set
forth the following:
(1) A statement that the person was convicted of nonsupport of a
child under IC 35-46-1-5.
(2) The date of the conviction.
(3) The date the person completed the person's sentence.
(4) The amount of the child support arrearage due at the time of
conviction.
(5) The date the child support arrearage was paid in full.
(6) A verified statement that no further child support arrearage is
due.
(7) Any other obligations imposed on the person as part of the
person's sentence.
(8) The date the obligations were satisfied.
(9) A verified statement that there are no criminal charges
pending against the person.
(e) A person whose conviction has been converted to a lower
penalty under this section is eligible to seek expungement under IC 35-38-9-3 with the date of conversion used as the date of conviction to
calculate time frames under IC 35-38-9.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.119; P.L.167-1990, SEC.1; P.L.213-1996, SEC.5;
P.L.71-2005, SEC.9; P.L.158-2013, SEC.659; P.L.148-2014, SEC.2;
P.L.168-2014, SEC.116.