Indiana statute
Ind. Code § 35-50-2-19 — Unlawful use of a tracking device; enhancement
Current through 2026 Regular Session
Part of Chapter 2: Death Sentence and Sentences for Felonies and Habitual Offenders, Indiana Code.
Full text of Ind. Code § 35-50-2-19
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 19. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally used a tracking device: (1) in the commission of the offense; or (2) to facilitate the commission of the offense. (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.
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