§ 35-42-4-14 — Unlawful entry of school property by a serious sex offender

(a) As used in this section, "serious sex
offender" means a person required to register as a sex offender under
IC 11-8-8 who is:
(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) Possession of child sex abuse material (IC 35-42-4-4(d) or
IC 35-42-4-4(e)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) and IC 35-42-4-5(b)).
(E) Performing sexual conduct in the presence of a minor (IC 35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor (IC 35-42-4-9).
(b) A serious sex offender who knowingly or intentionally enters
school property commits unlawful entry by a serious sex offender, a
Level 6 felony.
(c) It is a defense to a prosecution under subsection (b) that:
(1) a religious institution or house of worship is located on the
school property; and
(2) the person:
(A) enters the school property or other entity described in IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
classes, extracurricular activities, or any other school activities
are not being held:
(i) for the sole purpose of attending worship services or
receiving religious instruction; and
(ii) not earlier than thirty (30) minutes before the beginning
of the worship services or religious instruction; and
(B) leaves the school property not later than thirty (30) minutes
after the conclusion of the worship services or religious
instruction.

Legislative History

As added by P.L.235-2015, SEC.4. Amended by P.L.13-2016, SEC.17; P.L.87-2018, SEC.2; P.L.142-2020, SEC.67; P.L.218-2025, SEC.18.