Indiana Code
Ind. Code § 35-38-1-7.7 (2026)
Crime of domestic violence; sentence procedures
✓ current as of May 2026
Sec. 7.7. (a) At the time of sentencing, a court shall determine whether a person has committed a crime of domestic violence (as defined in IC 35-31.5-2-78).
(b) A determination under subsection (a) must be based upon:
(1) evidence introduced at trial; or
(2) a factual basis provided as part of a guilty plea.
(c) Upon determining that a defendant has committed a crime of domestic violence, a court shall advise the defendant of the consequences of this finding.
(d) A judge shall record a determination that a defendant has committed a crime of domestic violence on a form prepared by the office of judicial administration.
As added by P.L.195-2003, SEC.4. Amended by P.L.114-2012, SEC.76; P.L.161-2018, SEC.121.
Notes of Decisions
Cited in 9
cases, 2005–2020 · leading case: Scott Hitch v. State of Indiana, 51 N.E.3d 216 (Ind. 2016).
Scott Hitch v. State of Indiana, 51 N.E.3d 216 (Ind. 2016). “With this framework in mind we examine Indiana Code section 35-38-1-7.7 (which we will refer to for convenience as the “firearm prohibition statute”).”
Goldsberry v. State, 821 N.E.2d 447 (Ind. Ct. App. 2005). “Code § 35-38-1-7.7 "increases the penalty by which a crime is punishable" or "imposes additional punishment to that then prescribed" when Goldsberry battered Wilkerson and committed criminal recklessness.”
Johnson v. State, 903 N.E.2d 472 (Ind. Ct. App. 2009). “Larry Johnson appeals the trial court's determination that he committed a crime of domestic violence under Ind.Code §§ 35-38-1-7.7 and 35-41-1-6.3. Johnson raises one issue, which we revise and restate as whether the trial court erred when it determined that he committed a crime…”
Kazmier v. State, 863 N.E.2d 912 (Ind. Ct. App. 2007). “I.C. § 35-38-1-7.7. The consequences of a domestic violence determination are outlined in Indiana Code sections 3-7-13-5 and 33-28-4-8 and “give the trial court authority to prohibit a person who commits an act of ‘domestic violence’ from possessing a gun in the future.”
Staples v. State, 959 N.E.2d 323 (Ind. Ct. App. 2011). “Ind.Code Ann. § 35-38-1-7.7 (West, Westlaw current through end of 2011 1st Reg.”
Jamel Owens v. State of Indiana, 60 N.E.3d 1106 (Ind. Ct. App. 2016). “The parties, however, do not discuss the fact that the trial court entered a domestic violence determination pursuant to Indiana Code § 35-38-1-7.7. [9] Indiana Code § 35-38-1-7.”
Scott Hitch v. State of Indiana (Ind. Ct. App. 2015). “It maintains that “Ind. Code § 35-38-1-7.7 was enacted in 2003 and defines ‘crime of domestic violence’ the same way as federal law.”
Adam Sims v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “In its oral advisement, the court stated in pertinent part as follows: “I will make a domestic violence determination which for you means that you may not possess firearms, ammunition or deadly weapons.”
James Johnson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). “Standard of Review [7] Indiana Code section 35-38-1-7.7 requires a trial court to determine, at sentencing, whether the defendant has committed a crime of domestic violence.”
Ind. Code § 35-38-1-7.7(a): 1 case
Scott Hitch v. State of Indiana, 51 N.E.3d 216 (Ind. 2016). “With this framework in mind we examine Indiana Code section 35-38-1-7.7 (which we will refer to for convenience as the “firearm prohibition statute”).”
Ind. Code § 35-38-1-7.7(b): 2 cases
Johnson v. State, 903 N.E.2d 472 (Ind. Ct. App. 2009). “Larry Johnson appeals the trial court's determination that he committed a crime of domestic violence under Ind.Code §§ 35-38-1-7.7 and 35-41-1-6.3. Johnson raises one issue, which we revise and restate as whether the trial court erred when it determined that he committed a crime…”
Kazmier v. State, 863 N.E.2d 912 (Ind. Ct. App. 2007). “I.C. § 35-38-1-7.7. The consequences of a domestic violence determination are outlined in Indiana Code sections 3-7-13-5 and 33-28-4-8 and “give the trial court authority to prohibit a person who commits an act of ‘domestic violence’ from possessing a gun in the future.”
Ind. Code § 35-38-1-7.7(c): 1 case
Scott Hitch v. State of Indiana, 51 N.E.3d 216 (Ind. 2016). “With this framework in mind we examine Indiana Code section 35-38-1-7.7 (which we will refer to for convenience as the “firearm prohibition statute”).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.