Indiana § 35-50-2-16 - Termination of a human pregnancy; enhancement
Full text of Indiana Indiana Code § 35-50-2-16 — Termination of a human pregnancy; enhancement, with citation guidance and answers to common questions.
§ 35-50-2-16. Termination of a human pregnancy; enhancement
Sec. 16. (a) This section does not apply to:
(1) a pregnant woman who terminates or causes the termination of her own pregnancy; or
(2) an abortion performed in compliance with IC 16-34.
(b) The state may seek, on a page separate from the rest of the charging instrument, to have a person who allegedly committed or attempted to commit a felony sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person, while committing or attempting to commit the felony, caused the termination of a human pregnancy.
(c) If the person is convicted of the felony 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.
(d) 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 proved beyond a reasonable doubt that the person, while committing or attempting to commit a felony, caused the termination of a human pregnancy, the court shall sentence the person to an additional fixed term of imprisonment of not less than six (6) or more than twenty (20) years.
(e) A sentence imposed under this section runs consecutively to the underlying sentence.
(f) For purposes of this section, prosecution of the felony and the enhancement of the penalty for that crime does not require proof that:
(1) the person committing or attempting to commit the felony had knowledge or should have had knowledge that the victim was pregnant; or
(2) the defendant intended to cause the termination of a human pregnancy.
As added by P.L.40-2009, SEC.2. Amended by P.L.203-2018, SEC.6.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-50-2-16
What does Indiana Code § 35-50-2-16 cover?
Section 35-50-2-16 ("Termination of a human pregnancy; enhancement") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 35-50-2-16?
A common citation format is "Indiana Code § 35-50-2-16" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 35-50-2-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.