Aggravating circumstances
Note: This version of section effective until 5-11-2005. See also
following repeal of this chapter, effective 5-11-2005.
Sec. 1. As used in this section, "aggravating circumstance" means
the following:
(1) The harm, injury, loss, or damage suffered by the victim of
the offense was:
(A) significant; and
(B) greater than the elements necessary to prove the
commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or
within hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence
restraining order issued against the person under IC 34-26-6, or
a no contact order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, or pardon granted to the person.
(7) The victim of the offense was mentally or physically infirm.
(8) The person was in a position having care, custody, or
control of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2).
(10) The person threatened to harm the victim of the offense or
a witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under
IC 35-44-3-9; and
(B) is an employee of the penal facility.
As added by P.L.71-2005, SEC.2.
Last modified: May 24, 2006