Current through P.L. 171-2024
Section 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.Amended by P.L. 142-2020,SEC. 86, eff. 7/1/2020.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.