Sentence enhancement for offense targeting railroad or public transit employee

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  1. (a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee.

  2. (b) If a sentence enhancement is sought under this section, the information or indictment shall include:

    1. (1) That the sentence enhancement under this section is being sought; and

    2. (2) The allegations supporting the imposition of the enhanced sentence under this section.

  3. (c) The sentence enhancement under this section is as follows:

    1. (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;

    2. (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and

    3. (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.


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