§ 5-4-704. Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder

(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:

1. (1) Currently employed or was formerly employed as a law enforcement officer or first responder; or

2. (2) A family member of a current or former law enforcement officer or first responder.

(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.

(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.

(d) The sentence enhancement under this section is not applicable if:

1. (1) The victim of the offense is a law enforcement officer or first responder; and

2. (2) An element of the underlying offense is that the victim is a law enforcement officer or first responder.