What is a Sexually Violent Predator Classification?
Anyone in Indiana who is currently facing charges for a sex offense, including for any sex crime with a juvenile victim, should be working with a lawyer to understand the possible implications of a conviction and the best options for a defense. Individuals who are convicted of sex offenses, especially those involving juvenile victims, often face penalties and consequences beyond those associated with many other types of criminal offenses in Indiana. In some sex offense convictions, the individual who is convicted will be identified as a “sexually violent predator,” which results in specific requirements and consequences associated with the conviction.
What is a sexually violent predator, and what are the consequences of this designation under Indiana law? An Indiana criminal defense attorney at Rigney Law LLC can explain in more detail. If you have more questions, it is important to seek legal advice, and a lawyer at our firm can speak with you today.
Understanding Indiana’s Classification System for Sex Offenders
The classification of a “sexually violent predator” is one type of classification for sex offenders that exists under Indiana law. The classifications determine the requirements for the individual upon release from incarceration, as well as specific sex offender registration requirements. In Indiana, there are a number of sex offender classifications, and sometimes an individual’s conviction will mean that they are subject to more than one classification (i.e., there is some type of overlap in their conviction that invokes more than one classification). When this happens, the individual typically must meet the requirements associated with both classifications.
The classifications set forth under IC 11-8-8 include the following:
- Sex offender;
- Sex or violent offender; and
- Sexually violent predator.
Defining a Sexually Violent Predator
Generally speaking, the classification of “sex offender” is usually an umbrella classification that typically includes a person who is classified as a “sex or violent offender” and a “sexually violent predator.” Yet the latter two terms are distinct from one another. How are the two distinct? Many of the same specific offense convictions can result in a person being classified as a “sex or violent offender” and a sexually violent predator,” although the former also includes individuals who have been convicted of murder, for example.
Then, Indiana law has a very specific definition for a “sexually violent predator.” Under IC 35-38-1-7.5, a sexually violent predator “means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.” This classification can apply to an individual who is over 18 and has been convicted of specific offenses that include rape and various offenses involving juvenile victims.
Contact Our Indianapolis Criminal Defense Attorneys Today for Assistance
The consequences of a conviction for a sex offense in Indiana are very serious, and certain requirements often do not necessarily end when an individual convicted of a sex offense has finished serving out the terms of a prison sentence, probation, or other penalty. If you have any questions or concerns about sex offender classification or requirements, or if you need help with your defense, one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assist you.
Sources:
law.justia.com/codes/indiana/title-35/article-38/chapter-1/section-35-38-1-7-5/
statecodesfiles.justia.com/indiana/2013/title-11/article-8/chapter-8/chapter-8.pdf
