2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 50. Sentences
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-18. "Felony terrorist offense"; charging procedure; sentence
Sec. 18. (a) As used in this section, "felony terrorist offense" means the following:
(1) An offense described in IC 35-46.5-2.
(2) Money laundering (IC 35-45-15-5) committed with the intent to:
(A) commit or promote an act of terrorism; or
(B) obtain or transport a weapon of mass destruction.
(3) Intimidation (IC 35-45-2-1) involving a threat:
(A) to commit terrorism; or
(B) made in furtherance of an act of terrorism.
(b) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense with the intent to aid or assist another person in the commission of a felony terrorist offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person committed the offense with the intent to aid or assist another person in the commission of a felony terrorist offense.
(c) If the person is 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) 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 committed the offense with the intent to aid or assist another person in the commission of a felony terrorist offense, the court shall:
(1) sentence the person to an additional fixed term of imprisonment equal to the sentence imposed for the underlying offense, if the person is sentenced for only one (1) offense; or
(2) sentence the person to an additional fixed term of imprisonment equal to the longest sentence imposed for the underlying offenses, if the person is being sentenced for more than one (1) offense.
(e) A sentence imposed under this section shall run consecutively to the underlying sentence.
(f) A term of imprisonment imposed under this section may not be suspended.
As added by P.L.66-2019, SEC.20.
