Indiana legal term
Enhancing circumstance in Indiana Criminal Law
Current through 2026 Indiana legislative session
In Indiana criminal law, “Enhancing circumstance” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Indiana criminal code.
What does “Enhancing circumstance” mean in Indiana criminal law?
"Enhancing circumstance" means one (1) or more of the following: (1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum. (Ind. Code § 35-48-1.1-18)
Statutes defining or using this term
Charges using this term
- Dealing in a schedule I, II, or III controlled substance or controlled substance analog
- Dealing in a schedule IV controlled substance or controlled substance analog
- Dealing in a schedule V controlled substance or controlled substance analog
- Dealing in cocaine or narcotic drug
- Dealing in methamphetamine
- Possession of cocaine or narcotic drug
- Possession of methamphetamine
- Manufacturing methamphetamine
- Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance
Related terms in the same statutes
This reference is informational and is not legal advice.