§ 11-67.1-9. Aggravating circumstance.
(a) An aggravating circumstance during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 occurs when:
(1) The defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless; or
(2) Kidnaps, holds hostage, or otherwise keeps the victim against his or her will.
(b) Whenever it appears that a person may be subject to the enhanced sentence pursuant to this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.
(c) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing to determine if evidence of aggravating circumstances exist. At the hearing, the court shall permit the attorney general and the defense counsel to present additional evidence to the jury relevant to the determination of whether aggravating circumstances exist. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere the court at sentencing, determines beyond a reasonable doubt that aggravating circumstances exist, they shall be sentenced as provided in subsection (d) of this section.
(d) If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5, the defendant may be imprisoned for up to five (5) years in addition to the period of imprisonment prescribed for the offense. Any such sentence may run consecutively to any other sentence imposed.
History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.