Indiana Code 14-15-11-11. Operation of motorboat while license is suspended or revoked
(1) a person knowingly or intentionally violates this subsection; and
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 14-15-11-11
- bureau: refers to the bureau of motor vehicles established by IC 9-14-7-1. See Indiana Code 14-15-11-1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- motorboat: means a watercraft that is:
Indiana Code 14-15-11-6
- public waters: has the meaning set forth in IC 14-8-2-226. See Indiana Code 14-15-11-8
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
the person commits a Class A misdemeanor.
(b) If:
(1) a person operates a motorboat upon public waters while the person’s Indiana driver’s license is suspended or revoked; and
(2) the person’s suspension or revocation was a result of the person’s conviction of an offense (as defined in IC 35-31.5-2-215);
the person commits a Class A misdemeanor. However, notwithstanding IC 35-50-3-2, a person who violates this subsection shall be imprisoned for a fixed term of not less than sixty (60) days and not more than one (1) year. Notwithstanding IC 35-50-3-1, the court may not suspend any part of the sentence except that part of the sentence exceeding sixty (60) days.
(c) In addition to any other penalty imposed for a conviction under this section, the court may recommend that the person’s privileges to operate a motorboat upon public waters be suspended for a fixed period of not more than two (2) years.
(d) The bureau, upon receiving a record of conviction of a person on a charge of operating a motorboat while the person’s driver’s license was suspended, shall extend the period of suspension in accordance with the recommendation of the court that entered the conviction.
(e) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that, at the time of the alleged offense, the defendant held a valid Indiana driver’s license.
As added by P.L.57-1995, SEC.8. Amended by P.L.32-2000, SEC.8; P.L.114-2012, SEC.36; P.L.217-2014, SEC.181.