CHAPTER 8. SEX OFFENDER REGISTRATION
IC 11-8-8
Chapter 8. Sex Offender Registration
IC 11-8-8-1
"Correctional facility"
Sec. 1. As used in this chapter, "correctional facility" has the
meaning set forth in IC 4-13.5-1-1.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
IC 11-8-8-1.2
"Electronic chat room username"
Sec. 1.2. As used in this chapter, "electronic chat room username"
means an identifier that allows a person to communicate over the
Internet in real time using typed text.
As added by P.L.119-2008, SEC.1.
IC 11-8-8-1.4
"Electronic mail address"
Sec. 1.4. As used in this chapter, "electronic mail address" means
a destination, commonly expressed as a string of characters, to which
electronic mail may be sent or delivered.
As added by P.L.119-2008, SEC.2.
IC 11-8-8-1.6
"Instant messaging username"
Sec. 1.6. As used in this chapter, "instant messaging username"
means an identifier that allows a person to communicate over the
Internet in real time using typed text.
As added by P.L.119-2008, SEC.3.
IC 11-8-8-1.8
"Social networking web site username"
Sec. 1.8. As used in this chapter, "social networking web site
username" means an identifier or profile that allows a person to
create, use, or modify a social networking web site, as defined in
IC 35-42-4-12.
As added by P.L.119-2008, SEC.4.
IC 11-8-8-2
"Local law enforcement authority"
Sec. 2. As used in this chapter, "local law enforcement authority"
means the:
(1) chief of police of a consolidated city; or
(2) sheriff of a county that does not contain a consolidated city.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
IC 11-8-8-3
"Principal residence"
Sec. 3. As used in this chapter, "principal residence" means the
residence where a sex or violent offender spends the most time. The
term includes a residence owned or leased by another person if the
sex or violent offender:
(1) does not own or lease a residence; or
(2) spends more time at the residence owned or leased by the
other person than at the residence owned or leased by the sex or
violent offender.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.10.
IC 11-8-8-4
"Register"
Sec. 4. As used in this chapter, "register" means to report in
person to a local law enforcement authority and provide the
information required under section 8 of this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.11.
IC 11-8-8-4.5
"Sex offender"
Sec. 4.5. (a) Except as provided in section 22 of this chapter, as
used in this chapter, "sex offender" means a person convicted of any
of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a
minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age, and the person who kidnapped the
victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if
the victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is
less than eighteen (18) years of age.
(18) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (17).
(19) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (18).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is
discharged from a juvenile detention facility as a result of an
adjudication as a delinquent child for an act that would be an
offense described in subsection (a) if committed by an adult;
and
(C) is found by a court by clear and convincing evidence to
be likely to repeat an act that would be an offense described
in subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the
court shall consider expert testimony concerning whether a child is
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
As added by P.L.216-2007, SEC.12.
IC 11-8-8-5
"Sex or violent offender"
Sec. 5. (a) Except as provided in section 22 of this chapter, as
used in this chapter, "sex or violent offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a
minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age, and the person who kidnapped the
victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if
the victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is
less than eighteen (18) years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (19).
(21) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (20).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is
discharged from a juvenile detention facility as a result of an
adjudication as a delinquent child for an act that would be an
offense described in subsection (a) if committed by an adult;
and
(C) is found by a court by clear and convincing evidence to
be likely to repeat an act that would be an offense described
in subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the
court shall consider expert testimony concerning whether a child is
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.13.
IC 11-8-8-5.2
"Sex offense"
Sec. 5.2. As used in this chapter, "sex offense" means an offense
listed in section 4.5(a) of this chapter.
As added by P.L.216-2007, SEC.14.
IC 11-8-8-6
"Sexually violent predator"
Sec. 6. As used in this chapter, "sexually violent predator" has the
meaning set forth in IC 35-38-1-7.5.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
IC 11-8-8-7
Persons required to register; registration locations; time limits;
photographs; duties of local law enforcement
Sec. 7. (a) Subject to section 19 of this chapter, the following
persons must register under this chapter:
(1) A sex or violent offender who resides in Indiana. A sex or
violent offender resides in Indiana if either of the following
applies:
(A) The sex or violent offender spends or intends to spend
at least seven (7) days (including part of a day) in Indiana
during a one hundred eighty (180) day period.
(B) The sex or violent offender owns real property in Indiana
and returns to Indiana at any time.
(2) A sex or violent offender who works or carries on a vocation
or intends to work or carry on a vocation full-time or part-time
for a period:
(A) exceeding seven (7) consecutive days; or
(B) for a total period exceeding fourteen (14) days;
during any calendar year in Indiana regardless of whether the
sex or violent offender is financially compensated, volunteered,
or is acting for the purpose of government or educational
benefit.
(3) A sex or violent offender who is enrolled or intends to be
enrolled on a full-time or part-time basis in any public or
private educational institution, including any secondary school,
trade, or professional institution, or postsecondary educational
institution.
(b) Except as provided in subsection (e), a sex or violent offender
who resides in Indiana shall register with the local law enforcement
authority in the county where the sex or violent offender resides. If
a sex or violent offender resides in more than one (1) county, the sex
or violent offender shall register with the local law enforcement
authority in each county in which the sex or violent offender resides.
If the sex or violent offender is also required to register under
subsection (a)(2) or (a)(3), the sex or violent offender shall also
register with the local law enforcement authority in the county in
which the offender is required to register under subsection (c) or (d).
(c) A sex or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on
a vocation. If a sex or violent offender is or intends to be employed
or carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in
each county. If the sex or violent offender is also required to register
under subsection (a)(1) or (a)(3), the sex or violent offender shall
also register with the local law enforcement authority in the county
in which the offender is required to register under subsection (b) or
(d).
(d) A sex or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register
under subsection (a)(1) or (a)(2), the sex or violent offender shall
also register with the local law enforcement authority in the county
in which the offender is required to register under subsection (b) or
(c).
(e) A sex or violent offender described in subsection (a)(1)(B)
shall register with the local law enforcement authority in the county
in which the real property is located. If the sex or violent offender is
also required to register under subsection (a)(1)(A), (a)(2), or (a)(3),
the sex or violent offender shall also register with the local law
enforcement authority in the county in which the offender is required
to register under subsection (b), (c), or (d).
(f) A sex or violent offender committed to the department shall
register with the department before the sex or violent offender is
released from incarceration. The department shall forward the sex or
violent offender's registration information to the local law
enforcement authority of every county in which the sex or violent
offender is required to register.
(g) This subsection does not apply to a sex or violent offender
who is a sexually violent predator. A sex or violent offender not
committed to the department shall register not more than seven (7)
days after the sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex or violent offender is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register
in more than one (1) county under subsection (b), (c), (d), or (e) shall
register in each appropriate county not more than seventy-two (72)
hours after the sex or violent offender's arrival in that county or
acquisition of real estate in that county.
(h) This subsection applies to a sex or violent offender who is a
sexually violent predator. A sex or violent offender who is a sexually
violent predator shall register not more than seventy-two (72) hours
after the sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually
violent predator required to register in more than one (1) county
under subsection (b), (c), (d), or (e) shall register in each appropriate
county not more than seventy-two (72) hours after the offender's
arrival in that county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex or
violent offender registers under this section shall make and publish
a photograph of the sex or violent offender on the Indiana sex and
violent offender registry web site established under IC 36-2-13-5.5.
The local law enforcement authority shall make a photograph of the
sex or violent offender that complies with the requirements of
IC 36-2-13-5.5 at least once per year. The sheriff of a county
containing a consolidated city shall provide the police chief of the
consolidated city with all photographic and computer equipment
necessary to enable the police chief of the consolidated city to
transmit sex or violent offender photographs (and other identifying
information required by IC 36-2-13-5.5) to the Indiana sex and
violent offender registry web site established under IC 36-2-13-5.5.
In addition, the sheriff of a county containing a consolidated city
shall provide all funding for the county's financial obligation for the
establishment and maintenance of the Indiana sex and violent
offender registry web site established under IC 36-2-13-5.5.
(j) When a sex or violent offender registers, the local law
enforcement authority shall:
(1) immediately update the Indiana sex and violent offender
registry web site established under IC 36-2-13-5.5;
(2) notify every law enforcement agency having jurisdiction in
the county where the sex or violent offender resides; and
(3) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social
networking web site username, employment, vocation, or enrollment
in Indiana, the local law enforcement authority shall provide the
department with the information provided by the sex or violent
offender during registration.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.2-2007, SEC.151; P.L.216-2007, SEC.15;
P.L.119-2008, SEC.5.
IC 11-8-8-8
Required registration information; consent to computer search
Sec. 8. (a) The registration required under this chapter must
include the following information:
(1) The sex or violent offender's full name, alias, any name by
which the sex or violent offender was previously known, date
of birth, sex, race, height, weight, hair color, eye color, any
scars, marks, or tattoos, Social Security number, driver's license
number or state identification card number, vehicle description
and vehicle plate number for any vehicle the sex or violent
offender owns or operates on a regular basis, principal
residence address, other address where the sex or violent
offender spends more than seven (7) nights in a fourteen (14)
day period, and mailing address, if different from the sex or
violent offender's principal residence address.
(2) A description of the offense for which the sex or violent
offender was convicted, the date of conviction, the county of
the conviction, the cause number of the conviction, and the
sentence imposed, if applicable.
(3) If the person is required to register under section 7(a)(2) or
7(a)(3) of this chapter, the name and address of each of the sex
or violent offender's employers in Indiana, the name and
address of each campus or location where the sex or violent
offender is enrolled in school in Indiana, and the address where
the sex or violent offender stays or intends to stay while in
Indiana.
(4) A recent photograph of the sex or violent offender.
(5) If the sex or violent offender is a sexually violent predator,
that the sex or violent offender is a sexually violent predator.
(6) If the sex or violent offender is required to register for life,
that the sex or violent offender is required to register for life.
(7) Any electronic mail address, instant messaging username,
electronic chat room username, or social networking web site
username that the sex or violent offender uses or intends to use.
(8) Any other information required by the department.
(b) If the sex or violent offender registers any information under
subsection (a)(7), the offender shall sign a consent form authorizing
the:
(1) search of the sex or violent offender's personal computer or
device with Internet capability, at any time; and
(2) installation on the sex or violent offender's personal
computer or device with Internet capability, at the sex or violent
offender's expense, of hardware or software to monitor the sex
or violent offender's Internet usage.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.16; P.L.119-2008, SEC.6.
IC 11-8-8-9
Informing of duty to register; registration time limits; offenders
not committed to the department
Sec. 9. (a) Not more than seven (7) days before an Indiana sex or
violent offender who is required to register under this chapter is
scheduled to be released from a secure private facility (as defined in
IC 31-9-2-115), or released from a juvenile detention facility, an
official of the facility shall do the following:
(1) Orally inform the sex or violent offender of the sex or
violent offender's duty to register under this chapter and require
the sex or violent offender to sign a written statement that the
sex or violent offender was orally informed or, if the sex or
violent offender refuses to sign the statement, certify that the
sex or violent offender was orally informed of the duty to
register.
(2) Deliver a form advising the sex or violent offender of the
sex or violent offender's duty to register under this chapter and
require the sex or violent offender to sign a written statement
that the sex or violent offender received the written notice or,
if the sex or violent offender refuses to sign the statement,
certify that the sex or violent offender was given the written
notice of the duty to register.
(3) Obtain the address where the sex or violent offender expects
to reside after the sex or violent offender's release.
(4) Transmit to the local law enforcement authority in the
county where the sex or violent offender expects to reside the
sex or violent offender's name, date of release or transfer, new
address, and the offense or delinquent act committed by the sex
or violent offender.
(b) Not more than seventy-two (72) hours after a sex or violent
offender who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility
shall transmit to the state police the following:
(1) The sex or violent offender's fingerprints, photograph, and
identification factors.
(2) The address where the sex or violent offender expects to
reside after the sex or violent offender's release.
(3) The complete criminal history data (as defined in
IC 10-13-3-5) or, if the sex or violent offender committed a
delinquent act, juvenile history data (as defined in
IC 10-13-4-4) of the sex or violent offender.
(4) Information regarding the sex or violent offender's past
treatment for mental disorders.
(5) Information as to whether the sex or violent offender has
been determined to be a sexually violent predator.
(c) This subsection applies if a sex or violent offender is placed
on probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court in
which the sex or violent offender is sentenced shall perform the
duties required under subsections (a) and (b).
(d) For any sex or violent offender who is not committed to the
department, the probation office of the sentencing court shall
transmit to the department a copy of:
(1) the sex or violent offender's:
(A) sentencing order; and
(B) presentence investigation; and
(2) any other information required by the department to make
a determination concerning sex or violent offender registration.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.17; P.L.3-2008, SEC.87.
IC 11-8-8-10
Duty to transmit fingerprints to Federal Bureau of Investigation
Sec. 10. Notwithstanding any other law, upon receiving a sex or
violent offender's fingerprints from a correctional facility, the state
police shall immediately send the fingerprints to the Federal Bureau
of Investigation.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.18.
IC 11-8-8-11
Change in registration location or status; duty to register or notify;
updates
Sec. 11. (a) If a sex or violent offender who is required to register
under this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex or violent offender stays in Indiana;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and, if the offender
moves to a new county in Indiana, to the local law enforcement
authority having jurisdiction over the sex or violent offender's new
principal address or location not more than seventy-two (72) hours
after the address change.
(b) If a sex or violent offender moves to a new county in Indiana,
the local law enforcement authority where the sex or violent
offender's current principal residence address is located shall inform
the local law enforcement authority in the new county in Indiana of
the sex or violent offender's residence and forward all relevant
registration information concerning the sex or violent offender to the
local law enforcement authority in the new county. The local law
enforcement authority receiving notice under this subsection shall
verify the address of the sex or violent offender under section 13 of
this chapter not more than seven (7) days after receiving the notice.
(c) If a sex or violent offender who is required to register under
section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent
offender's principal place of employment, principal place of
vocation, or campus or location where the sex or violent offender is
enrolled in school, the sex or violent offender shall report in person:
(1) to the local law enforcement authority having jurisdiction
over the sex or violent offender's current principal place of
employment, principal place of vocation, or campus or location
where the sex or violent offender is enrolled in school; and
(2) if the sex or violent offender changes the sex or violent
offender's place of employment, vocation, or enrollment to a
new county in Indiana, to the local law enforcement authority
having jurisdiction over the sex or violent offender's new
principal place of employment, principal place of vocation, or
campus or location where the sex or violent offender is enrolled
in school;
not more than seventy-two (72) hours after the change.
(d) If a sex or violent offender moves the sex or violent offender's
place of employment, vocation, or enrollment to a new county in
Indiana, the local law enforcement authority having jurisdiction over
the sex or violent offender's current principal place of employment,
principal place of vocation, or campus or location where the sex or
violent offender is enrolled in school shall inform the local law
enforcement authority in the new county of the sex or violent
offender's new principal place of employment, vocation, or
enrollment by forwarding relevant registration information to the
local law enforcement authority in the new county.
(e) If a sex or violent offender moves the sex or violent offender's
residence, place of employment, vocation, or enrollment to a new
state, the local law enforcement authority shall inform the state
police in the new state of the sex or violent offender's new place of
residence, employment, vocation, or enrollment.
(f) If a sex or violent offender who is required to register under
this chapter changes or obtains a new:
(1) electronic mail address;
(2) instant messaging username;
(3) electronic chat room username; or
(4) social networking web site username;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and shall provide the
local law enforcement authority with the new address or username
not more than seventy-two (72) hours after the change or creation of
the address or username.
(g) A local law enforcement authority shall make registration
information, including information concerning the duty to register
and the penalty for failing to register, available to a sex or violent
offender.
(h) A local law enforcement authority who is notified of a change
under subsection (a), (c), or (f) shall:
(1) immediately update the Indiana sex and violent offender
registry web site established under IC 36-2-13-5.5;
(2) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS); and
(3) notify the department.
(i) If a sex or violent offender who is registered with a local law
enforcement authority becomes incarcerated, the local law
enforcement authority shall transmit a copy of the information
provided by the sex or violent offender during registration to the
department.
(j) If a sex or violent offender is no longer required to register due
to the expiration of the registration period, the local law enforcement
authority shall transmit a copy of the information provided by the sex
or violent offender during registration to the department.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.1-2007, SEC.100; P.L.216-2007, SEC.19;
P.L.119-2008, SEC.7.
IC 11-8-8-12
Temporary residence
Sec. 12. (a) As used in this section, "temporary residence" means
a residence:
(1) that is established to provide transitional housing for a
person without another residence; and
(2) in which a person is not typically permitted to reside for
more than thirty (30) days in a sixty (60) day period.
(b) This section applies only to a sex or violent offender who
resides in a temporary residence. In addition to the other
requirements of this chapter, a sex or violent offender who resides in
a temporary residence shall register in person with the local law
enforcement authority in which the temporary residence is located:
(1) not more than seventy-two (72) hours after the sex or violent
offender moves into the temporary residence; and
(2) during the period in which the sex or violent offender
resides in a temporary residence, at least once every seven (7)
days following the sex or violent offender's initial registration
under subdivision (1).
(c) A sex or violent offender who does not have a principal
residence or temporary residence shall report in person to the local
law enforcement authority in the county where the sex or violent
offender resides at least once every seven (7) days to report an
address for the location where the sex or violent offender will stay
during the time in which the sex or violent offender lacks a principal
address or temporary residence.
(d) A sex or violent offender's obligation to register in person
once every seven (7) days terminates when the sex or violent
offender no longer resides in the temporary residence or location
described in subsection (c). However, all other requirements imposed
on a sex or violent offender by this chapter continue in force,
including the requirement that a sex or violent offender register the
sex or violent offender's new address with the local law enforcement
authority.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.20.
IC 11-8-8-13
Verification of current residences
Sec. 13. (a) To verify a sex or violent offender's current residence,
the local law enforcement authority having jurisdiction over the area
of the sex or violent offender's current principal address or location
shall do the following:
(1) Mail a form that is approved or prescribed by the
department to each sex or violent offender in the county at the
sex or violent offender's listed address at least one (1) time per
year, beginning seven (7) days after the local law enforcement
authority receives a notice under section 11 or 20 of this chapter
or the date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(2) Mail a form that is approved or prescribed by the
department to each sex or violent offender who is designated a
sexually violent predator under IC 35-38-1-7.5 at least once
every ninety (90) days, beginning seven (7) days after the local
law enforcement authority receives a notice under section 11 or
20 of this chapter or the date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(3) Personally visit each sex or violent offender in the county at
the sex or violent offender's listed address at least one (1) time
per year, beginning seven (7) days after the local law
enforcement authority receives a notice under section 7 of this
chapter or the date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(4) Personally visit each sex or violent offender who is
designated a sexually violent predator under IC 35-38-1-7.5 at
least once every ninety (90) days, beginning seven (7) days after
the local law enforcement authority receives a notice under
section 7 of this chapter or the date the sex or violent offender
is:
(A) released from a penal facility (as defined in
IC 35-41-1-21), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(b) If a sex or violent offender fails to return a signed form either
by mail or in person, not later than fourteen (14) days after mailing,
or appears not to reside at the listed address, the local law
enforcement authority shall immediately notify the department and
the prosecuting attorney.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.21.
IC 11-8-8-14
Annual reporting; quarterly reporting for sexually violent
predators; registration and photographs
Sec. 14. (a) This subsection does not apply to a sex or violent
offender who is a sexually violent predator. In addition to the other
requirements of this chapter, a sex or violent offender who is
required to register under this chapter shall, at least one (1) time per
calendar year:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority;
in each location where the offender is required to register.
(b) This subsection applies to a sex or violent offender who is a
sexually violent predator. In addition to the other requirements of
this chapter, a sex or violent offender who is a sexually violent
predator under IC 35-38-1-7.5 shall:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority in
each location where the sex or violent offender is required to
register;
every ninety (90) days.
(c) Each time a sex or violent offender who claims to be working
or attending school registers in person, the sex or violent offender
shall provide documentation to the local law enforcement authority
providing evidence that the sex or violent offender is still working or
attending school at the registered location.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.22.
IC 11-8-8-15
Possession of valid Indiana driver's license or identification card
required
Sec. 15. (a) A sex or violent offender who is a resident of Indiana
shall obtain and keep in the sex or violent offender's possession:
(1) a valid Indiana driver's license; or
(2) a valid Indiana identification card (as described in
IC 9-24-16).
(b) A sex or violent offender required to register in Indiana who
is not a resident of Indiana shall obtain and keep in the sex or violent
offender's possession:
(1) a valid driver's license issued by the state in which the sex
or violent offender resides; or
(2) a valid state issued identification card issued by the state in
which the sex or violent offender resides.
(c) A person who knowingly or intentionally violates this section
commits failure of a sex or violent offender to possess identification,
a Class A misdemeanor. However, the offense is a Class D felony if
the person:
(1) is a sexually violent predator; or
(2) has a prior unrelated conviction:
(A) under this section; or
(B) based on the person's failure to comply with any
requirement imposed on an offender under this chapter.
(d) It is a defense to a prosecution under this section that:
(1) the person has been unable to obtain a valid driver's license
or state issued identification card because less than thirty (30)
days have passed since the person's release from incarceration;
or
(2) the person possesses a driver's license or state issued
identification card that expired not more than thirty (30) days
before the date the person violated subsection (a) or (b).
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.23.
IC 11-8-8-16
Name changes
Sec. 16. (a) A sex or violent offender who is required to register
under this chapter may not petition for a change of name under
IC 34-28-2.
(b) If a sex or violent offender who is required to register under
this chapter changes the sex or violent offender's name due to
marriage, the sex or violent offender must register with the local law
enforcement authority not more than seven (7) days after the name
change.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.24.
IC 11-8-8-17
Registration violations; penalty
Sec. 17. (a) A sex or violent offender who knowingly or
intentionally:
(1) fails to register when required to register under this chapter;
(2) fails to register in every location where the sex or violent
offender is required to register under this chapter;
(3) makes a material misstatement or omission while registering
as a sex or violent offender under this chapter;
(4) fails to register in person as required under this chapter; or
(5) does not reside at the sex or violent offender's registered
address or location;
commits a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if
the sex or violent offender has a prior unrelated conviction for an
offense:
(1) under this section; or
(2) based on the person's failure to comply with any
requirement imposed on a sex or violent offender under this
chapter or under IC 5-2-12 before its repeal.
(c) It is not a defense to a prosecution under this section that the
sex or violent offender was unable to pay the sex or violent offender
registration fee or the sex or violent offender address change fee
described under IC 36-2-13-5.6.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.25.
IC 11-8-8-18
Sexually violent predator; duty to notify
Sec. 18. (a) A sexually violent predator who will be absent from
the sexually violent predator's principal residence for more than
seventy-two (72) hours shall inform the local law enforcement
authority in the county where the sexually violent predator's principal
address is located, in person, of the following:
(1) That the sexually violent predator will be absent from the
sexually violent predator's principal residence for more than
seventy-two (72) hours.
(2) The location where the sexually violent predator will be
located during the absence from the sexually violent predator's
principal residence.
(3) The length of time the sexually violent predator will be
absent from the sexually violent predator's principal residence.
(b) A sexually violent predator who will spend more than
seventy-two (72) hours in a county in which the sexually violent
predator is not required to register shall inform the local law
enforcement authority in the county in which the sexually violent
predator is not required to register, in person, of the following:
(1) That the sexually violent predator will spend more than
seventy-two (72) hours in the county.
(2) The location where the sexually violent predator will be
located while spending time in the county.
(3) The length of time the sexually violent predator will remain
in the county.
Upon request of the local law enforcement authority of the county in
which the sexually violent predator is not required to register, the
sexually violent predator shall provide the local law enforcement
authority with any additional information that will assist the local
law enforcement authority in determining the sexually violent
predator's whereabouts during the sexually violent predator's stay in
the county.
(c) A sexually violent predator who knowingly or intentionally
violates this section commits failure to notify, a Class A
misdemeanor. However, the offense is a Class D felony if the person
has a prior unrelated conviction under this section based on the
person's failure to comply with any requirement imposed on a sex or
violent offender under this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.26.
IC 11-8-8-19
Expiration of duty to register; lifetime registration; out-of-state
registrants
Sec. 19. (a) Except as provided in subsections (b) through (e), a
sex or violent offender is required to register under this chapter until
the expiration of ten (10) years after the date the sex or violent
offender:
(1) is released from a penal facility (as defined in
IC 35-41-1-21) or a secure juvenile detention facility of a state
or another jurisdiction;
(2) is placed in a community transition program;
(3) is placed in a community corrections program;
(4) is placed on parole; or
(5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs
last. The registration period is tolled during any period that the sex
or violent offender is incarcerated. The registration period does not
restart if the offender is convicted of a subsequent offense; however,
if the subsequent offense is a sex or violent offense, a new
registration period may be imposed in accordance with this chapter.
The department shall ensure that an offender who is no longer
required to register as a sex or violent offender is notified that the
obligation to register has expired.
(b) A sex or violent offender who is a sexually violent predator is
required to register for life.
(c) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter that the sex or violent
offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age
at the time of the crime;
is required to register for life.
(d) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter in which the sex offender:
(1) proximately caused serious bodily injury or death to the
victim;
(2) used force or the threat of force against the victim or a
member of the victim's family, unless the offense is sexual
battery as a Class D felony; or
(3) rendered the victim unconscious or otherwise incapable of
giving voluntary consent;
is required to register for life.
(e) A sex or violent offender who is convicted of at least two (2)
unrelated offenses under section 5(a) of this chapter is required to
register for life.
(f) A person who is required to register as a sex or violent
offender in any jurisdiction shall register for the period required by
the other jurisdiction or the period described in this section,
whichever is longer.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.27; P.L.119-2008, SEC.8.
IC 11-8-8-20
Interstate agreements; department to determine status of
out-of-state offenders
Sec. 20. (a) The department may enter into a compact or
agreement with one (1) or more jurisdictions outside Indiana to
exchange notifications concerning the change of address,
employment, vocation, or enrollment of a sex or violent offender
between Indiana and the other jurisdiction or the other jurisdiction
and Indiana.
(b) If the department receives information that a sex or violent
offender has relocated to Indiana to reside, engage in employment or
a vocation, or enroll in school, or that a sex or violent offender has
been convicted in Indiana but not sentenced to the department, the
department shall determine:
(1) whether the person is defined as a:
(A) sex offender under IC 11-8-8-4.5; or
(B) sex or violent offender under IC 11-8-8-5;
(2) whether the person is a sexually violent predator under
IC 35-38-1-7.5;
(3) the period for which the person will be required to register
as a sex or violent offender in Indiana; and
(4) any other matter required by law to make a registration
determination.
(c) After the department has made a determination under
subsection (b), the department shall update the sex and violent
offender registry web site and transmit the department's
determination to the local law enforcement authority having
jurisdiction over the county where the sex or violent offender resides,
is employed, and attends school. The department shall transmit:
(1) the sex or violent offender's name, date of relocation, and
new address (if applicable), the offense or delinquent act
committed by the sex or violent offender, and any other
available descriptive information;
(2) whether the sex or violent offender is a sexually violent
predator;
(3) the period for which the sex or violent offender will be
required to register in Indiana; and
(4) anything else required by law to make a registration
determination.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.28; P.L.3-2008, SEC.88.
IC 11-8-8-21
Sex and violent offender fund
Sec. 21. (a) The state sex and violent offender administration fund
is established to assist the department in carrying out its duties under
IC 11-8-2-12.4 concerning the Indiana sex and violent offender
registry. The fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) appropriations;
(4) money from the annual sex or violent offender registration
fee (IC 36-2-13-5.6(a)(1)(A)); and
(5) money from the sex or violent offender address change fee
(IC 36-2-13-5.6(a)(1)(B)).
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund is continually appropriated to carry out the
purposes of the fund.
As added by P.L.216-2007, SEC.29.
IC 11-8-8-22
Procedure for retroactive application of ameliorative statutes
Sec. 22. (a) As used in this section, "offender" means a sex
offender (as defined in section 4.5 of this chapter) and a sex or
violent offender (as defined in section 5 of this chapter).
(b) Subsection (g) applies to an offender required to register under
this chapter if, due to a change in federal or state law after June 30,
2007, an individual who engaged in the same conduct as the
offender:
(1) would not be required to register under this chapter; or
(2) would be required to register under this chapter but under
less restrictive conditions than the offender is required to meet.
(c) A person to whom this section applies may petition a court to:
(1) remove the person's designation as an offender; or
(2) require the person to register under less restrictive
conditions.
(d) A petition under this section shall be filed in the circuit or
superior court of the county in which the offender resides. If the
offender resides in more than one (1) county, the petition shall be
filed in the circuit or superior court of the county in which the
offender resides the greatest time. If the offender does not reside in
Indiana, the petition shall be filed in the circuit or superior court of
the county where the offender is employed the greatest time. If the
offender does not reside or work in Indiana, but is a student in
Indiana, the petition shall be filed in the circuit or superior court of
the county where the offender is a student. If the offender is not a
student in Indiana and does not reside or work in Indiana, the petition
shall be filed in the co