Select Indiana Mandatory Minimum 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 Code Section

§ 35-50-2-2(b)(4)(O) / § 35-48-4-1(b) / § 35-47-1-5

§ 35-50-2-2(b)(4)(P) / § 35-48-4-1.1(b) / § 35-47-1-5

§ 35-50-2-2(b)(4)(Q) / § 35-48-4-2(b) / § 35-47-1-5

Offense

Dealing in 3+ grams of cocaine or a narcotic drug while: -In possession of a firearm at the time of the offense, OR -Delivering or intending to deliver to a person who is under age 18 and at least 3 years younger than the offender, AND -On a school bus or within 1,000 feet of school property, a public park, a family housing complex, or a youth program center Dealing in 3+ grams of methamphetamine while: -In possession of a firearm at the time of the offense, OR -Delivering or intending to deliver to a person who is under age 18 and at least 3 years younger than the offender, AND -On a school bus or within 1,000 feet of school property, a public park, a family housing complex, or a youth program center Dealing in a Schedule I, II, or III* controlled substance (except marijuana, hash oil, and hash), while: -In possession of a firearm at the time of the offense, OR

-Delivering or intending to deliver to a person who is under age 18 and at least 3 years younger to the offender, AND -On a school bus or within 1,000 feet of school property, a public park, a family housing complex, or a youth program center § 35-48-4-6(b)(1)(B) Possession of cocaine or a Schedule I or II narcotic drug, while also in possession of a firearm § 35-48-4-6.1(b)(1)(B) Possession of methamphetamine, while also in possession of a firearm § 35-50-2-2(b)(4)(R) / Operating a vehicle while intoxicated, and the offender has § 9-30-5-3(a)(1) accumulated at least 2 prior convictions for operating a vehicle while intoxicated

Mandatory Minimum Sentence 20 Years±

20 Years±

20 Years±

2 Years± 2 Years± 6 months±

1 2/7/11

Drug Offenses, cont. Code Section

Offense

§ 35-50-2-2(b)(4)(S) / § 9-30-5-5(b)

Operating a vehicle while intoxicated, causing death

Mandatory Minimum Sentence 6 Years±

*For a complete list of Schedule I-III substances, please see § 35-48-2-4 through § 35-48-2-12. ± 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 11-12-3.7. However, eligibility for the program is extremely limited. See FAMM’s factsheet on Indiana Drug Courts for more information.

Weapons Offenses Code Section

§ 35-50-2(g) / § 35-47-10-7

§ 35-50-2(g) / § 35-47-10-6

Offense

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

Mandatory Minimum Sentence 2 Years 6 Years, if the person has a prior conviction for the same crime

- 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 § 12-10-3-2.

Gang Offenses Code Section § 35-50-2-15

Offense

Mandatory Minimum Sentence

Criminal gang enhancement

If the person is sentenced for only one underlying felony: An additional fixed term A person knowingly or intentionally: of imprisonment equal to the sentence (1) was a member of a criminal imposed for the underlying felony gang while committing a felony offense; AND If the person is sentenced for more than one (2) committed the felony underlying felony: An additional fixed term offense at the direction of or in of imprisonment equal to the longest affiliation with a criminal gang. sentence imposed for the underlying felonies 2 2/7/11

Sex Offenses Code Section

Offense

§ 35-50-2-2(b)(4)(F) / § 35-42-4-1(b)(1)-(4)

Rape: -Through the use of or threatening of deadly force, OR -With a deadly weapon, OR -Resulting in serious bodily injury, OR -By furnishing the victim, without the victim’s knowledge, with a drug or controlled substance, OR -Knowing that the victim was furnished with a drug or controlled substance without the victim’s knowledge Knowingly or intentionally causing someone to perform or submit to deviate sexual conduct: -Through the use of or threatening of deadly force, OR -With a deadly weapon, OR -Resulting in serious bodily injury, OR -By furnishing the victim, without the victim’s knowledge, with a drug or controlled substance, OR -Knowing that the victim was furnished with a drug or controlled substance without the victim’s knowledge With a child under the age of 14, performing or submitting to sexual intercourse or deviate sexual conduct With a child under the age of 14, performing or submitting to sexual intercourse or deviate sexual conduct: -If the offender was at least 21 years old, OR -Through the use of or threatening of deadly force, OR -Resulting in serious bodily injury, OR -By furnishing the victim, without the victim’s knowledge, with a drug or controlled substance, OR -Knowing that the victim was furnished with a drug or controlled substance without the victim’s knowledge With a child under the age of 14, performing or submitting 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: -Through the use of or threatening of deadly force, OR -With a deadly weapon, OR -Resulting in serious bodily injury, OR -By furnishing the victim, without the victim’s knowledge, with a drug or controlled substance, OR -Knowing that the victim was furnished with a drug or controlled substance without the victim’s knowledge

§ 35-50-2-2(b)(4)(G) / § 35-42-4-2(b)(1)-(4)

§ 35-50-2-2(b)(4)(H) / § 35-42-4-3(a) § 35-50-2-2(b)(4)(H) / § 35-42-4-3(a)(1)-(4)

§ 35-50-2-2(b)(4)(H) / § 35-42-4-3(b)(1)-(3)

Mandatory Minimum Sentence 20 Years

20 Years

6 Years* 20 Years

20 Years

3 2/7/11

Sex Offenses, cont. Code Section

Offense

§ 35-50-2-2(i) / § 35-42-4-3 § 35-50-2-2(b)(4)(C) / § 35-42-4-8(b)(2)

Class A felony child molestation when the victim is under age 12 and the offender is age 21 or older Class C felony sexual battery with a deadly weapon

Mandatory Minimum Sentence 30 Years 2 Years

*This sentence is subject to a safety valve under § 35-50-2-2(b)(4)(H). See Indiana Safety Valves factsheet.

Repeat Offenders Code Section

Offense

§ 35-50-2-2(b)(1) / § 35-50-2-4 § 35-50-2-2(b)(1) / § 35-50-2-5 § 35-50-2-2(b)(2) / § 35-50-2-6

Class A felony AND the person has a prior unrelated felony conviction Class B felony AND the person has a prior unrelated felony 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.

§ 35-50-2-2(b)(3) / § 35-50-2-7

§35-50-2-2.1(a)(1)

Mandatory Minimum Sentence 20 Years± 6 Years± 2 Years±

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 11-12-3.7; 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 3538-1-21 or IC 35-38-2.5-5 instead of the minimum sentence. ** This offense has a safety valve at § 35-50-2-2.1(b). See FAMM’s factsheet on Indiana Safety Valves.

4 2/7/11

Violent Offenses Offense

Code Section

§ 35-50-2-2(b)(4)(A), 3 / § 35-42-1-1 § 35-50-2-2(b)(4)(B) / § 35-42-2-1(a)(5) § 35-50-2-2(b)(4)(B) / § 35-42-2-1(a)(7) § 35-50-2-2(b)(4)(B) / § 35-42-2-1(a)(3) § 35-50-2-2(b)(4)(D) / § 35-42-3-2 § 35-50-2-2(b)(4)(E) / § 35-42-3-3(b)(2)(A) § 35-50-2-2(b)(4)(I) / § 35-42-5-1 § 35-50-2-2(b)(4)(I) / § 35-42-5-1 § 35-50-2-2(b)(4)(K) / § 35-43-2-1(2)(B) § 35-50-2-2(b)(4)(K) / § 35-43-2-1(1)(A) § 35-50-2-2(b)(4)(T) / § 35-42-2-1.5 § 35-50-2-2(b)(4)(L) / § 35-44-3-3(b)(1)(B) § 35-50-2-2(b)(4)(M) / § 35-44-3-5(a) § 35-50-2-2(b)(4)(N) / § 35-45-1-2 § 35-50-2-2(b)(4)(U) / § 35-44-3-3.5(b)(2)(B)

§ 35-50-2-2(d) / § 35-42-1-3(a) § 35-50-2-2(b)(4)(J) / § 35-43-1-1(b) § 35-50-2-2(b)(4)(J) / § 35-43-1-1(a)(4)

Murder (including certain murders committed in the course of drug crimes) Battery that results in death to a person under age 14, committed by an offender over age 18 Battery that results in death of an endangered adult*

Mandatory Minimum Sentence 45 Years 20 Years 6 Years

Battery with a deadly weapon

2 Years

Kidnapping

20 Years

Confinement with a deadly weapon

6 Years

Robbery resulting in serious bodily injury

20 Years

Robbery with a deadly weapon

6 Years

Burglary resulting in serious bodily injury

20 Years

Burglary with a deadly weapon

6 Years

Aggravated battery

6 Years

Resisting law enforcement with a deadly weapon

6 months

Escape with a deadly weapon

6 Years

Rioting with a deadly weapon

6 months

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

2 Years 6 Years 20 Years 20 Years

Arson for hire - If resulting in bodily injury to another Arson that results in serious bodily injury

6 Years 20 Years 20 Years

20 Years

5 2/7/11