Life imprisonment without parole upon third felony conviction or
second sex offense against a child
Sec. 8.5. (a) The state may seek to have a person sentenced to life
imprisonment without parole for any felony described in section
2(b)(4) of this chapter by alleging, on a page separate from the rest
of the charging instrument, that the person has accumulated two (2)
prior unrelated felony convictions described in section 2(b)(4) of this
chapter.
(b) The state may seek to have a person sentenced to life
imprisonment without parole for a Class A felony under IC 35-42-4
that is a sex offense against a child by alleging, on a page separate
from the rest of the charging instrument, that the person has a prior
unrelated Class A felony conviction under IC 35-42-4 that is a sex
offense against a child.
(c) If the person was convicted of the felony in a jury trial, the
jury shall reconvene to hear evidence on the life imprisonment
without parole allegation. If the person was convicted of the felony
by trial to the court without a jury or if the judgment was entered to
guilty plea, the court alone shall hear evidence on the life
imprisonment without parole allegation.
(d) A person is subject to life imprisonment without parole if the
jury (in a case tried by a jury) or the court (in a case tried by the
court or on a judgment entered on a guilty plea) finds that the state
has proved beyond a reasonable doubt that the person:
(1) has accumulated two (2) prior unrelated convictions for
offenses described in section 2(b)(4) of this chapter; or
(2) has a prior unrelated Class A felony conviction under
IC 35-42-4 that is a sex offense against a child.
(e) The court may sentence a person found to be subject to life
imprisonment without parole under this section to life imprisonment
without parole.
As added by P.L.158-1994, SEC.6. Amended by P.L.53-2005, SEC.2.
Last modified: May 24, 2006