Megan’s Law for Indiana

Indiana Sheriffs’ Association
7124 E County Rd 150 S, Ste B
Avon, IN 46123
(317) 356-3633 (phone)

https://www.icrimewatch.net/indiana.php

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 post-secondary educational institution.

IC 11-8-8-5: Sex or Violent Offender defined

a. A “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 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) (IC 35-42-4-9), 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); and

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 or violent 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(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;

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.

IC 1-1-2-4 Reference to a conviction for an Indiana criminal offense

(a) As used in this section, “reference to a conviction for an Indiana criminal offense” means both a specific reference to a conviction for a criminal offense in Indiana (with or without an Indiana Code citation reference) and a general reference to a conviction for a class or type of criminal offense, such as:

(1) a felony;

(2) a misdemeanor;

(3) a sex offense;

(4) a violent crime;

(5) a crime of domestic violence;

(6) a crime of dishonesty;

(7) fraud;

(8) a crime resulting in a specified injury or committed against a specified victim; or

(9) a crime under IC 35-42 or IC 9-30-5 or under any other statute describing one (1) or more criminal offenses.

(b) Except as provided in subsection (c), a reference to a conviction for an Indiana criminal offense appearing within the Indiana Code also includes a conviction for any of the following:

(1) An attempt to commit the offense, unless the offense is murder (IC 35-42-1-1).

(2) A conspiracy to commit the offense.

(3) A substantially similar offense committed in another jurisdiction, including an attempt or conspiracy to commit the offense, even if the reference to the conviction for the Indiana criminal offense specifically refers to an “Indiana conviction” or a conviction “in Indiana” or under “Indiana law” or “laws of this state”.

(c) A reference to a conviction for an Indiana criminal offense appearing within the Indiana Code does not include an offense described in subsection (b)(1) through (b)(3) if:

(1) the reference expressly excludes an offense described in subsection (b)(1) through (b)(3); or

(2) with respect to an offense described in subsection (b)(3), the reference imposes an additional qualifier on the offense committed in another jurisdiction.

(d) If there is a conflict between a provision in this section and another provision of the Indiana Code, this section controls.

1. The registration required under IC 11-8-8 must include the following information:
2. 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, vehicle plate number, and vehicle identification 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.
3. 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.

https://www.icrimewatch.net/indiana.phpwww.insor.org

1. A sex or violent offender committed to the department shall register with the department before the sex or violent offender is placed in a community transition program, placed in a work release program, or released from incarceration, whichever occurs first. 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. If a sex or violent offender released from the department under this subsection:
2. informs the department of the offender’s intended location of residence upon release; and
3. does not move to this location upon release;

the offender shall, not later than seventy-two (72) hours after the date on which the offender is released, report in person to the local law enforcement authority having jurisdiction over the offender’s current address or location.

Sex or Violent Offenders (Not Sexually Violent Predators)

1. 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:
2. is released from a penal facility (as defined in IC 35-31.5-2-232);
3. is released from a secure private facility (as defined in IC 31-9-2-115);
4. is released from a juvenile detention facility;
5. is transferred to a community transition program;
6. is placed on parole;
7. is placed on probation;
8. is placed on home detention; or
9. 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.

Sexually Violent Predators

1. 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:
2. is released from a penal facility (as defined in IC 35-31.5-2-232);
3. is released from a secure private facility (as defined in IC 31-9-2-115);
4. is released from a juvenile detention facility;
5. is transferred to a community transition program;
6. is placed on parole;
7. is placed on probation;
8. is placed on home detention; or
9. 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 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.

IC 11-8-8-14: Ongoing Registration Requirement

Sex or Violent Offender (not a Sexually Violent Predator)

1. 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 every three hundred sixty-five (365) days:
2. report in person to the local law enforcement authority;
3. register; and
4. be photographed by the local law enforcement authority;

in each location where the offender is required to register.

Sexually Violent Predator

7. 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 35-38-1-7.5shall:
8. report in person to the local law enforcement authority;
9. register; and
10. 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.

1. is released from a penal facility (as defined in IC 35-31.5-2-232) 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;

5. 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, or an offense under IC 11-8-8-17(failure to register), 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, and shall ensure that the offender’s information is no longer published to the public portal of the sex and violent offender registry Internet web site established under IC 36-2-13-5.5.

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) registration offense 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) registration offense 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 (for an offense committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014); 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 registration offenses 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.

1. Contact each offender in a manner approved or prescribed by the department at least one (1) time per year.
2. Contact each offender who is designated a sexually violent predator in a manner approved or prescribed by the department at least once every ninety (90) days.
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 7of this chapter or the date the sex or violent offender is:

A. released from a penal facility (as defined in IC 35-31.5-2-232), 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 35-38-1-7.5at 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 35-31.5-2-232), 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 appears not to reside at the sex or violent offender’s listed address, the local law enforcement authority shall immediately notify the department and the prosecuting attorney.

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 Level 6 felony.

b. The offense described in subsection (a) is a Level 5 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; or
3. that:

A. is a crime under the laws of another jurisdiction, including a military court; and

B. is:

i. the same or substantially similar to an offense under this section; or

iii.  based on the person’s failure to comply with a requirement imposed on the person that is the same or substantially similar to a 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.