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Physical Child Abuse Penalties - National District Attorneys ...

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(C) Each judicial district shall have at least one clerk who shall collect and administer the<br />

fines imposed under this subparagraph (III) and under section 18-1.3-501 in accordance<br />

with the provisions of sub-subparagraph (D) of this subparagraph (III).<br />

(D) All fines collected pursuant to this subparagraph (III) shall be deposited in the fines<br />

collection cash fund, which fund is hereby created. The general assembly shall make<br />

annual appropriations out of such fund for administrative and personnel costs incurred in<br />

the collection and administration of said fines. All unexpended balances shall revert to<br />

the general fund at the end of each fiscal year.<br />

(E) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), a<br />

person who has been twice convicted of a felony under the laws of this state, any other<br />

state, or the United States prior to the conviction for which he or she is being sentenced<br />

shall not be eligible to receive a fine in lieu of any sentence to imprisonment, community<br />

corrections, or work release but shall be sentenced to at least the minimum sentence<br />

specified in subparagraph (V) of this paragraph (a) and may receive a fine in addition to<br />

said sentence.<br />

(IV) As to any person sentenced for a felony committed on or after July 1, 1985, but prior<br />

to July 1, 1993, felonies are divided into six classes which are distinguished from one<br />

another by the following presumptive ranges of penalties which are authorized upon<br />

conviction:<br />

Class Minimum Sentence Maximum Sentence<br />

1 Life imprisonment Death<br />

2 Eight years imprisonment Twenty-four years imprisonment<br />

3 Four years imprisonment Sixteen years imprisonment<br />

4 Two years imprisonment Eight years imprisonment<br />

5 One year imprisonment Four years imprisonment<br />

6 One year imprisonment Two years imprisonment<br />

(V)(A) As to any person sentenced for a felony committed on or after July 1, 1993,<br />

felonies are divided into six classes which are distinguished from one another by the<br />

following presumptive ranges of penalties which are authorized upon conviction:<br />

Class Minimum Maximum Mandatory<br />

Sentence Sentence Period of<br />

Parole<br />

1 Life imprisonment Death None<br />

2 Eight years imprisonment Twenty-four years Five years<br />

imprisonment<br />

3 Four years imprisonment Twelve years<br />

Five years<br />

imprisonment<br />

4 Two years imprisonment Six years imprisonment Three years<br />

<strong>National</strong> Center for Prosecution of <strong>Child</strong> <strong>Abuse</strong><br />

<strong>National</strong> <strong>District</strong> <strong>Attorneys</strong> Association<br />

http://www.ndaa.org/ncpca_state_statutes.html 30

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