Repeat sexual offender
Sec. 14. (a) The state may seek to have a person sentenced as a
repeat sexual offender for a sex offense under IC 35-42-4-1 through
IC 35-42-4-9 or IC 35-46-1-3 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 under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3.
(b) After a person has been convicted and sentenced for a felony
committed after sentencing for a prior unrelated felony conviction
under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3, the person
has accumulated one (1) prior unrelated felony conviction. However,
a conviction does not count for purposes of this subsection, if:
(1) it has been set aside; or
(2) it is one for which the person has been pardoned.
(c) 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.
(d) 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 conviction under
IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-3.
(e) 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.
As added by P.L.214-1999, SEC.4. Amended by P.L.71-2005,
SEC.15.
Last modified: May 24, 2006