Sex Crimes and Conditions of Probation
When a person is convicted of a criminal offense in Indiana and part of their sentence includes probation, there will be specific conditions of probation imposed by the court, as well as certain statutory conditions of probation under the Indiana Code, depending on the type of offense and other factors specific to the person and their record. When a person is convicted of a sex offense and the sentence includes probation, there are specific conditions of probation required under IC 35-38-2-2.5.
If you have any concerns about conditions of probation that you are required to comply with after a sex offense conviction, or if you need assistance with your defense for a probation violation, one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can assist you. In the meantime, the following includes general information about sex crimes and conditions of probation under Indiana law.
What is a Sex Offense Under Indiana Law?
There are a wide range of statutory offenses that are classified as sex offenses under Indiana law. Those offenses can include sex crimes involving juvenile victims, offenses involving adult victims, and different offenses related to sexual assault. Under IC 35-38-2-2.5, the following are all offenses that are considered to be a “sex offense” for purposes of conditions of probation:
- Rape (IC 35-42-4-1);
- Child molesting (IC 35-42-4-3);
- Child exploitation (IC 35-42-4-4(b) and IC 35-42-4-4(c));
- Vicarious sexual gratification (IC 35-42-4-5);
- Child solicitation (IC 35-42-4-6);
- Child seduction (IC 35-42-4-7);
- Sexual battery (IC 35-42-4-8);
- Sexual conduct with a minor as a felony (IC 35-42-4-9); and
- Incest (IC 35-46-1-3).
Conditions of Probation or Parole After Conviction for a Sex Offense
If a person is convicted of any of the above offenses under Indiana law, then there are a wide range of required conditions of probation or parole. Those conditions include but are not limited to the following:
- Person cannot reside within one mile of the residence of the victim of the sex offense;
- Person must provide the court with the address of where they will be residing during probation (or during parole, if the person is being paroled);
- While on probation or parole, the person cannot establish a new residence within one mile of the residence of the victim of the sex offense unless the person obtains a waiver from the court or parole board, depending on whether the person is on probation or parole.
Additional conditions of probation or parole will also be determined by the court, and the person must comply with any of the conditions set. It is important to know that there will also be certain requirements that are not necessarily conditions of probation or parole specifically but are nonetheless conditions with which the person must comply. For example, convicted sex offenders must register and report to a local law enforcement agency to be photographed once per year. Anyone who meets the definition of a “sexually violent predator” must comply with additional requirements under Indiana law.
Contact an Indianapolis Criminal Defense Attorney Today
For assistance with any defense involving sex offenses or a violation of probation, an experienced Indianapolis criminal defense lawyer at Rigney Law LLC can assist you. Contact us today.
Sources:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/section-35-38-2-2-5/
iga.in.gov/laws/2022/ic/titles/11#11-8-8-14
