id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3359	Schumm, Joel M.	Recent Developments in Indiana Criminal Law and Procedure	1999	22	.pdf	application/pdf	10316	703	70	Id § 35-44-3-3(a). 1999] CRIMINAL LAW 791 The general assembly also amended several statutes to provide enhanced charges for the crimes of rape,^^ criminal deviate conduct,^^ child molesting,^^ vicarious sexual gratification,^^ sexual battery,^^ and sexual misconduct with a minor^^ when the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in [Indiana Code section] 16-42-19-2(1)) or a controlled substance (as defined in [Indiana Code section] 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.^^ The legislature also established as a new statutory aggravating circumstance, which trial courts may consider when imposing sentence, that [b]efore the commission of the crime, the person administered to the victim of the crime, without the victim's knowledge, a sedating drug or a drug that had a hypnotic effect on the victim, or the person had knowledge that such a drug had been administered to the victim without the victim's knowledge.^' The legislature also added another statutory aggravating circumstance that the injury to or death of the victim of the crime was the result of shaken baby syndrome (as defined in [Indiana Code section] 16-41-40-2).^^ The bail statute was amended and now allows trial courts to increase bail if the state presents additional clear and convincing evidence: (A) of the factors described in [Indiana Code section] 33-14-10-6(l)(A)f^^^ and [Indiana Code section] 33-14-10-6(l)(B);^^'*^ or (B) that the defendant otherwise poses a risk to the physical safety ofanother person or the community.^^ The court noted that Indiana courts have cited to and applied different standards when evaluating voluntariness issues under the U.S. Constitution.	cache/inlawrev-3359.pdf	txt/inlawrev-3359.txt