Indiana Code

Ind. Code § 35-50-2-5 (2026)

Class B felony; Level 3 felony

✓ current as of May 2026
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     Sec. 5. (a) A person who commits a Class B felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

     (b) A person who commits a Level 3 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between three (3) and sixteen (16) years, with the advisory sentence being nine (9) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.118; P.L.71-2005, SEC.8; P.L.158-2013, SEC.657; P.L.168-2014, SEC.114.

 

Notes of Decisions
Cited in 907 cases (26 in the last 5 years), 1978–2026 · leading case: Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008).
Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008). · cites it 4× “In this case, the trial court's sentence was entirely within the range allowed by statute, Ind.Code §§ 35-50-2-5 (2004) (setting the maximum sentence for a Class B felony at twenty years), 35-50-1-2 (providing the trial court with discretion to impose consecutive sentences), and…”
Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007). · cites it 4× “For example, Indiana Code section 35-50-2-5 (2004) provided that a person convicted of a Class B felony "shall be imprisoned for a fixed term of ten (10) years, with not more than ten (10) years added for aggravating circumstances or not more than four (4) years subtracted for…”
Walsman v. State, 855 N.E.2d 645 (Ind. Ct. App. 2006). · cites it 28× “Ind.Code § 35-50-2-5 (amended 2005). As of April 25, 2005, the statute provides that a person convicted of a Class B felony "shall be imprisoned for a fixed term of between six (6) years and twenty (20) years, with the advisory sentence being ten (10) years.”
Berry v. State, 819 N.E.2d 443 (Ind. Ct. App. 2004). · cites it 10× “Ind. Code § 35-50-2-5 . 3 . Again, the presumptive sentence for attempted aggravated battery is ten years, and, here, the trial court increased the presumptive sentence by two years for aggravating circumstances.”
William A. Connor v. State of Indiana, 58 N.E.3d 215 (Ind. Ct. App. 2016). · cites it 4× “Ind. Code § 35-50-2-5 (a). The victim in this case was Connor’s sister and the forced sexual contact occurred multiple times over the course of at least two years.”
Eaton v. State, 825 N.E.2d 1287 (Ind. Ct. App. 2005). · cites it 10× “1 (explaining conditions for a trial court to consider in imposing a sentence); Ind. Code § 35-50-2-5 ("A person who commits a Class B felony shall be imprisoned for a fixed term of ten (10) years, with not more than ten (10) years added for aggravating circumstances or not more…”
Richardson v. State, 906 N.E.2d 241 (Ind. Ct. App. 2009). · cites it 6× “at 5-9 (citing Ind.Code § 35-50-2-5: "A person who commits a Class B felony shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years,").”
Davis v. State, 835 N.E.2d 1102 (Ind. Ct. App. 2005). · cites it 4× “" Ind.Code § 35-50-2-5 (2004). [7] "A person who commits a class D felony shall be imprisoned for a fixed term of one and one-half (1½) years, with not more than one and one-half (1½) years added for aggravating circumstances or not more than one (1) year subtracted for…”
Dion Cannon v. State of ndiana, 99 N.E.3d 274 (Ind. Ct. App. 2018). · cites it 4× “See Ind. Code § 35-50-2-5 (b). [16] The nature of Cannon’s offenses justifies his fifteen-year sentence.”
Holloway v. State, 950 N.E.2d 803 (Ind. Ct. App. 2011). · cites it 4× “See Ind. Code Ann. § 35-50-2-5 (“A person who commits a Class B felony shall be imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence being ten (10) years.”
Abbott v. State, 961 N.E.2d 1016 (Ind. 2012). · cites it 4× “See I.C. § 35-50-2-5. We emphasize however that Abbott's offense was enhanced from a Class D felony—which has an advisory sentence of one and a half years, see I.”
Sherwood v. State, 749 N.E.2d 36 (Ind. 2001). · cites it 4× “§ 35-50-2-5. [5] The trial court stated that the imposition of a reduced sentence would depreciate the seriousness of the crime.”
— Ind. Code § 35-50-2-5(a) — 18 cases
Schaaf v. State, 54 N.E.3d 1041 (Ind. Ct. App. 2016).
William A. Connor v. State of Indiana, 58 N.E.3d 215 (Ind. Ct. App. 2016). “Ind. Code § 35-50-2-5 (a). The victim in this case was Connor’s sister and the forced sexual contact occurred multiple times over the course of at least two years.”
Landon T. Harbert & Malcolm M. Smith v. State of Indiana, 51 N.E.3d 267 (Ind. Ct. App. 2016).
William Hunter v. State of Indiana, 60 N.E.3d 284 (Ind. Ct. App. 2016).
Jerry A. Smith v. State of Indiana, 44 N.E.3d 82 (Ind. Ct. App. 2015).
— Ind. Code § 35-50-2-5(b) — 31 cases
Daniel Vega v. State of Indiana, 119 N.E.3d 193 (Ind. Ct. App. 2019).
— Ind. Code § 35-50-2-5(b)(2) — 1 case
— Ind. Code § 35-50-2-5(c) — 1 case
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