§ 35-42-4-11 — Sex offender residency restrictions

(a) As used in this section, and except as
provided in subsection (d), "offender against children" means a person
required to register as a sex or violent offender under IC 11-8-8 who
has been:
(1) found to be a sexually violent predator under IC 35-38-1-7.5;
or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age, and the person is not the child's
parent or guardian.
A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2) at any
time.
(b) As used in this section, "reside" means to spend more than three
(3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particular
location;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institution
providing post-secondary education;
(B) a youth program center;
(C) a public park; or
(D) a day care center licensed under IC 12-17.2;
(2) establishes a residence within one (1) mile of the residence of
the victim of the offender's sex offense; or
(3) resides in a residence where a child care provider (as defined
by IC 31-33-26-1) provides child care services;
commits a sex offender residency offense, a Level 6 felony.
(d) This subsection does not apply to an offender against children
who has two (2) or more unrelated convictions for an offense described
in subsection (a). A person who is an offender against children may
petition the court to consider whether the person should no longer be
considered an offender against children. The person may file a petition
under this subsection not earlier than ten (10) years after the person is
released from incarceration or parole, whichever occurs last (or, if the
person is not incarcerated, not earlier than ten (10) years after the
person is released from probation). A person may file a petition under
this subsection not more than one (1) time per year. A court may
dismiss a petition filed under this subsection or conduct a hearing to
determine if the person should no longer be considered an offender
against children. If the court conducts a hearing, the court shall appoint
two (2) psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person should no longer be considered an offender against children. If
a court finds that the person should no longer be considered an offender
against children, the court shall send notice to the department of
correction that the person is no longer considered an offender against
children.

Legislative History

As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32 and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47; P.L.214-2013, SEC.39; P.L.158-2013, SEC.447; P.L.168-2014, SEC.72; P.L.13-2016, SEC.16; P.L.220-2019, SEC.4; P.L.142-2020, SEC.66.