Class D felony
Sec. 7. (a) A person who commits a Class D felony shall be
imprisoned for a fixed term of between six (6) months and three (3)
years, with the advisory sentence being one and one-half (1 1/2)
years. In addition, the person may be fined not more than ten
thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a
Class D felony, the court may enter judgment of conviction of a
Class A misdemeanor and sentence accordingly. However, the court
shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for
which judgment was entered as a conviction of a Class A
misdemeanor; and
(B) the prior felony was committed less than three (3) years
before the second felony was committed;
(2) the offense is domestic battery as a Class D felony under
IC 35-42-2-1.3; or
(3) the offense is possession of child pornography (IC
35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action
whenever it exercises the power to enter judgment of conviction of
a Class A misdemeanor granted in this subsection.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.120; Acts 1982, P.L.204, SEC.40; P.L.334-1983,
SEC.3; P.L.136-1987, SEC.7; P.L.167-1990, SEC.2; P.L.188-1999,
SEC.9; P.L.98-2003, SEC.3; P.L.71-2005, SEC.10.
Last modified: May 24, 2006