Sec. 3. (a) A person who commits murder shall be imprisoned for a fixed term of between forty-five (45) and sixty-five (65) years, with the advisory sentence being fifty-five (55) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), a person who was:
(1) at least eighteen (18) years of age at the time the murder was committed may be sentenced to:
(A) death; or
(B) life imprisonment without parole; and
(2) at least sixteen (16) years of age but less than eighteen (18) years of age at the time the murder was committed may be sentenced to life imprisonment without parole;
under section 9 of this chapter unless a court determines under IC 35-36-9 that the person is an individual with an intellectual disability.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.116; P.L.332-1987, SEC.1; P.L.250-1993, SEC.1; P.L.164-1994, SEC.2; P.L.158-1994, SEC.5; P.L.2-1995, SEC.128; P.L.148-1995, SEC.4; P.L.117-2002, SEC.1; P.L.71-2005, SEC.6; P.L.99-2007, SEC.212; P.L.117-2015, SEC.56.
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