Indiana Code 35-50-2-18. “Felony terrorist offense”; charging procedure; sentence
(1) An offense described in IC 35-46.5-2.
Terms Used In Indiana Code 35-50-2-18
- 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.
(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.