Indiana statute

Ind. Code § 35-50-2-7 — Class D felony; Level 6 felony; judgment of conviction entered as a misdemeanor

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 § 35-50-2-7

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.

Ind. Code § 35-50-2-7Primary source, current through the 2026 Regular Session

Sec. 7. (a) A person who commits a Class D felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000). (b) A person who commits a Level 6 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000). (c) Notwithstanding subsections (a) and (b), if a person has committed a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014), the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) if: (1) the court finds that: (A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and (B) the prior felony was committed less than three (3) years before the second felony was committed; (2) the offense is domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3 ; or (3) the offense is possession of child sex abuse material ( IC 35-42-4-4 (d)) (before July 1, 2026) or a child sex abuse material offense under IC 35-42-4-4.5 (after June 30, 2026). The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection. (d) Notwithstanding subsections (a) and (b), the sentencing court may convert a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014) to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (e) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings: (1) The person is not a sex or violent offender (as defined in IC 11-8-8-5 ). (2) The person was not convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily injury to another person. (3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal). (4) The person has not been convicted of domestic battery as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3 in the fifteen (15) year period immediately preceding the commission of the current offense. (5) At least three (3) years have passed since the person: (A) completed the person's sentence; and (B) satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony. (6) The person has not been convicted of a felony since the person: (A) completed the person's sentence; and (B) satisfied any other obligation imposed on the person as part of the sentence; for the Class D or Level 6 felony. (7) No criminal charges are pending against the person. (e) A petition filed under subsection (d) or (f) must be verified and set forth: (1) the crime the person has been convicted of; (2) the date of the conviction; (3) the date the person completed the person's sentence; (4) any obligations imposed on the person as part of the sentence; (5) the date the obligations were satisfied; and (6) a verified statement that there are no criminal charges pending against the person. (f) If a person whose Class D or Level 6 felony conviction has been converted to a Class A misdemeanor conviction under subsection (d) is convicted of a felony not later than five (5) years after the conversion under subsection (d), a prosecuting attorney may petition a court to convert the person's Class A misdemeanor conviction back to a Class D felony conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed after June 30, 2014).

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for abandonment or neglect of vertebrate animals; defense in Indiana?

Penalties for abandonment or neglect of vertebrate animals; defense in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

What are the penalties for abuse of corpse in Indiana?

As a Level 6 Felony, abuse of corpse carries 6 months to 30 months of incarceration and a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 35-50-2-7 (offenses committed after June 30, 2014 (P.L.158-2013)).

What are the penalties for adoption deception in Indiana?

As a Level 6 Felony, adoption deception carries 6 months to 30 months of incarceration and a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 35-50-2-7 (offenses committed after June 30, 2014 (P.L.158-2013)).

What are the penalties for amateur athletics; soliciting assistance prohibited in Indiana?

Penalties for amateur athletics; soliciting assistance prohibited in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

What are the penalties for arson in Indiana?

Penalties for arson in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

What are the penalties for attendance at fighting contest in Indiana?

Penalties for attendance at fighting contest in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.

What are the penalties for battery in Indiana?

Penalties for battery in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.

What are the penalties for bestiality in Indiana?

As a Level 6 Felony, bestiality carries 6 months to 30 months of incarceration and a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 35-50-2-7 (offenses committed after June 30, 2014 (P.L.158-2013)).

What are the penalties for bigamy in Indiana?

As a Level 6 Felony, bigamy carries 6 months to 30 months of incarceration and a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 35-50-2-7 (offenses committed after June 30, 2014 (P.L.158-2013)).

What are the penalties for commission; receiving gifts prohibited in Indiana?

As a Level 6 Felony, commission; receiving gifts prohibited carries 6 months to 30 months of incarceration and a fine of up to $10,000 (no mandatory minimum) under Ind. Code § 35-50-2-7 (offenses committed after June 30, 2014 (P.L.158-2013)).

This reference is informational and is not legal advice.