Select Indiana Mandatory Minimum Laws

Transcription

1 Select Indiana Mandatory Laws IMPORTANT NOTE: This is not necessarily a complete list. Laws frequently change, and these sentences may no longer be accurate or up to date. Talk with a lawyer in your state if you have questions. Drug Offenses (b)(4)(O) / (b) / (b)(4)(P) / (b) / (b)(4)(Q) / (b) / Dealing in 3+ grams of cocaine or a narcotic drug while: age 18 and at least 3 years younger than the offender, AND Dealing in 3+ grams of methamphetamine while: age 18 and at least 3 years younger than the offender, AND Dealing in a Schedule I, II, or III* controlled substance (except marijuana, hash oil, and hash), while: ± ± ± age 18 and at least 3 years younger to the offender, AND (b)(1)(B) Possession of cocaine or a Schedule I or II narcotic drug, while also in possession of a firearm (b)(1)(B) Possession of methamphetamine, while also in possession (b)(4)(R) / (a)(1) of a firearm Operating a vehicle while intoxicated, and the offender has accumulated at least 2 prior convictions for operating a vehicle while intoxicated ± ± 6 months± 1

2 Drug Offenses, cont (b)(4)(S) / Operating a vehicle while intoxicated, causing death ± (b) *For a complete list of Schedule I-III substances, please see through ± The court is not required to impose the mandatory minimum sentence if it has approved placement of the offender in a forensic diversion program under IC However, eligibility for the program is extremely limited. See FAMM s factsheet on Indiana Drug Courts for more information. Weapons Offenses (g) / (g) / Knowingly or intentionally permitting a child to possess a firearm: - While aware of the substantial risk that the child will use the firearm to commit a felony, AND - Failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony, OR - When the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult. Knowingly or intentionally providing a firearm for a child *Endangered adult is defined in Gang Offenses, if the person has a prior conviction for the same crime Code Offense Section Criminal gang enhancement A person knowingly or intentionally: (1) was a member of a criminal gang while committing a felony offense; AND (2) committed the felony offense at the direction of or in affiliation with a criminal gang. 2 Mandatory If the person is sentenced for only one underlying felony: An additional fixed term of imprisonment equal to the sentence imposed for the underlying felony If the person is sentenced for more than one underlying felony: An additional fixed term of imprisonment equal to the longest sentence imposed for the underlying felonies

3 Sex Offenses (b)(4)(F) / (b)(1)-(4) (b)(4)(G) / (b)(1)-(4) (a) (a)(1)-(4) (b)(1)-(3) Rape: Knowingly or intentionally causing someone to perform or submit to deviate sexual conduct: to sexual intercourse or deviate sexual conduct to sexual intercourse or deviate sexual conduct: -If the offender was at least 21 years old, OR to any fondling or touching of either the child or the offender, with intent to arouse or to satisfy the sexual desires of either the child or the offender: * 3

4 Sex Offenses, cont (i) / Class A felony child molestation when the victim is under 30 Years age 12 and the offender is age 21 or older (b)(4)(C) / (b)(2) Class C felony sexual battery with a deadly weapon *This sentence is subject to a safety valve under (b)(4)(H). See Indiana Safety Valves factsheet. Repeat Offenders (b)(1) / Class A felony AND the person has a prior unrelated felony ± conviction (b)(1) / Class B felony AND the person has a prior unrelated felony ± (b)(2) / (b)(3) / (a)(1) conviction Class C felony AND less than 7 years have elapsed between the date the person was discharged from probation, prison, or parole (whichever is later) for a prior unrelated felony conviction and the date the person committed the Class C felony the person is being sentenced for Class D felony AND less than 3 years have elapsed between the date the person was discharged from probation, prison, or parole (whichever is later) for a prior unrelated felony conviction and the date the person committed the Class D felony the person is being sentenced for A person commits a felony and has a juvenile criminal record that includes findings that the juvenile acts, if committed by an adult, would constitute (A) One Class A or Class B felony; (B) Two Class C or Class D felonies; OR (C) One Class C and one Class D felony; AND Less than 3 years have passed between the commission of the juvenile acts and the commission of the felony the person is being sentenced for. ± 6 Months*± No suspension of the prison sentence is permitted by the court** ± The court is not required to impose the mandatory minimum sentence if it has diverted the offender to a forensic diversion program. See IC ; FAMM s factsheet on Indiana Drug Courts. * The court may suspend the minimum sentence for the crime only if the court orders home detention under IC or IC instead of the minimum sentence. ** This offense has a safety valve at (b). See FAMM s factsheet on Indiana Safety Valves. 4

5 Violent Offenses (b)(4)(A), Murder (including certain murders committed in the course 45 Years 3 / of drug crimes) (b)(4)(B) / Battery that results in death to a person under age 14, (a)(5) committed by an offender over age (b)(4)(B) / Battery that results in death of an endangered adult* (a)(7) (b)(4)(B) / Battery with a deadly weapon (a)(3) (b)(4)(D) / Kidnapping (b)(4)(E) / Confinement with a deadly weapon (b)(2)(A) (b)(4)(I) / Robbery resulting in serious bodily injury (b)(4)(I) / Robbery with a deadly weapon (b)(4)(K) / Burglary resulting in serious bodily injury (2)(B) (b)(4)(K) / Burglary with a deadly weapon (1)(A) (b)(4)(T) / Aggravated battery (b)(4)(L) / Resisting law enforcement with a deadly weapon 6 months (b)(1)(B) (b)(4)(M) / Escape with a deadly weapon (a) (b)(4)(N) / Rioting with a deadly weapon 6 months (b)(4)(U) / (b)(2)(B) (d) / (a) (b)(4)(J) / (b) (b)(4)(J) / (a)(4) Disarming a law enforcement officer - If serious bodily injury results to officer - If death results to officer - If serious bodily injury results to officer AND the weapon taken was a firearm Voluntary manslaughter with a deadly weapon Arson for hire - If resulting in bodily injury to another Arson that results in serious bodily injury 5