Indiana Code 35-50-2-16. Termination of a human pregnancy; enhancement
(1) a pregnant woman who terminates or causes the termination of her own pregnancy; or
Terms Used In Indiana Code 35-50-2-16
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed or attempted to commit a felony sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing or attempting to commit the felony, caused the termination of a human pregnancy.
(c) If the person is convicted of the felony 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, while committing or attempting to commit a felony, caused the termination of a human pregnancy, the court shall sentence the person to an additional fixed term of imprisonment of not less than six (6) or more than twenty (20) years.
(e) A sentence imposed under this section runs consecutively to the underlying sentence.
(f) For purposes of this section, prosecution of the felony and the enhancement of the penalty for that crime does not require proof that:
(1) the person committing or attempting to commit the felony had knowledge or should have had knowledge that the victim was pregnant; or
(2) the defendant intended to cause the termination of a human pregnancy.
As added by P.L.40-2009, SEC.2. Amended by P.L.203-2018, SEC.6.