§ 11-8-8-5 — "Sex or violent offender"

Indiana § 11-8-8-5

• Jurisdiction: Indiana
• Art. 8: GENERAL PROVISIONS: DEPARTMENT OF
• Ch. 8: Sex Offender Registration

Text

(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) (before its repeal).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(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 (IC 35-42-4-9) as a Class A,
Class B, or Class C felony (for a crime committed before July 1,
2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
crime committed after June 30, 2014), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony (for a crime committed before July 1, 2014)
or a Level 5 felony (for a crime committed after June 30, 2014);
(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 sex abuse material (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
(for a crime committed before July 1, 2014) or a Level 4 felony
(for a crime committed after June 30, 2014).
(15) Promotion of human sexual trafficking under IC 35-42-3.5-1.1.
(16) Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).
(17) Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).
(18) Child sexual trafficking (IC 35-42-3.5-1.3).
(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
less than eighteen (18) years of age.
(20) Murder (IC 35-42-1-1).
(21) Voluntary manslaughter (IC 35-42-1-3).
(22) Sexual misconduct by a service provider with a detained or
supervised child (IC 35-44.1-3-10(c)).
(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, or a person
prosecuted under IC 31-30-1-4(d) for an offense described in
subsection (a) committed when the person was less than eighteen
(18) years of age, but who was at least twenty-one (21) years of
age when the charge was filed, 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.
(d) A person ordered to register under subsection (b)(2) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.

Legislative History

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.13; P.L.1-2012, SEC.3; P.L.72-2012, SEC.2; P.L.13-2013, SEC.42; P.L.214-2013, SEC.5; P.L.158-2013, SEC.172; P.L.185-2014, SEC.3; P.L.168-2014, SEC.21; P.L.75-2016, SEC.2; P.L.13-2016, SEC.5; P.L.144-2018, SEC.4; P.L.142-2020, SEC.13; P.L.115-2023, SEC.2; P.L.218-2025, SEC.4.