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.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-0.1. Application of Certain Amendments to Chapter
35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985
35-50-2-0.3. Content of Juvenile Record
35-50-2-1.3. "Advisory Sentence"
35-50-2-1.4. "Criminal Organization"
35-50-2-1.5. "Individual With an Intellectual Disability"
35-50-2-1.8. "Sex Offense Against a Child"
35-50-2-2.1. Suspension; Persons With Juvenile Record
35-50-2-2.2. Suspension of a Sentence for a Felony
35-50-2-4. Class a Felony; Level 1 Felony
35-50-2-5. Class B Felony; Level 3 Felony
35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony
35-50-2-7. Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor
35-50-2-9. Death Penalty Sentencing Procedure
35-50-2-12. Characteristics of Incarcerated Offenders; Publication of Findings
35-50-2-13. Use of Firearms in Controlled Substance Offenses Under Ic 35-48-4-1 Through Ic 35-48-4-4
35-50-2-14. Repeat Sexual Offender
35-50-2-15. Criminal Organization Enhancement
35-50-2-16. Termination of a Human Pregnancy; Enhancement
35-50-2-17. Sentencing Alternatives for Offenders Less Than 18 Years of Age
35-50-2-18. "Felony Terrorist Offense"; Charging Procedure; Sentence