Version a
Considerations in imposing sentence
Note: This version of section effective until 5-11-2005. See also
following version of this section, effective 5-11-2005.
Sec. 7.1. (a) In determining what sentence to impose for a crime,
the court may consider any aggravating circumstances.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify
the crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal
activity, or the person has led a law-abiding life for a substantial
period before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim
of the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship
to the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows
that the convicted person suffered from the effects of battery as
a result of the past course of conduct of the individual who is
the victim of the crime for which the person was convicted.
(c) The criteria listed in subsection (b) do not limit the
aggravating circumstances or mitigating circumstances that the court
may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances
or mitigating circumstances.
As added by P.L.1-1990, SEC.345. Amended by P.L.1-1991,
SEC.195; P.L.2-1993, SEC.181; P.L.21-1994, SEC.2; P.L.1-1997,
SEC.145; P.L.210-1997, SEC.1; P.L.1-1998, SEC.195; P.L.51-1998,
SEC.4; P.L.71-1998, SEC.1; P.L.31-1998, SEC.1; P.L.183-1999,
SEC.1; P.L.17-2001, SEC.12; P.L.280-2001, SEC.51; P.L.133-2002,
SEC.61; P.L.221-2003, SEC.16; P.L.71-2005, SEC.3.
Last modified: May 24, 2006