Indiana Code 35-50-2-19. Unlawful use of a tracking device; enhancement
(1) in the commission of the offense; or
Terms Used In Indiana Code 35-50-2-19
- 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) If the person was 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.
(c) 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 proven beyond a reasonable doubt that the person knowingly or intentionally used a tracking device in the commission of the offense, or to facilitate the commission of the offense, the court may sentence the person to an additional fixed term of imprisonment of:
(1) if the offense did not result in serious bodily injury to another person, between six (6) months and two and one-half (2 1/2) years; or
(2) if the offense resulted in serious bodily injury to another person, between one (1) and six (6) years.
(d) A person who commits more than one (1) offense comprising a single episode of criminal conduct may be sentenced to only one (1) additional fixed term under this section.
As added by P.L.172-2023, SEC.7.