Defense Strategies to Violations of Employment or Residency Restrictions
Anyone in Indiana who was convicted of a sex crime that resulted in the status of an “offender against children” or a “sexually violent predator” will be subject to certain employment and residency restrictions, even after they have completed the terms of a prison sentence. A person who violates these restrictions can face new felony charges, typically as a Level 6 or Level 5 felony offense. Under IC 35-50-2, a Level 6 felony conviction can result in a new prison sentence of 6 months to 2.5 years and a $10,000 fine, while a Level 5 felony conviction can result in a new prison sentence of 1 to 6 years and a $10,000 fine.
Given the severity of the penalties associated with an employment or residency restriction violation, it is critical to do everything you can to defend against such allegations. What are your defense options? Consider the following information from our Indianapolis criminal defense lawyer.
What Are the Employment and Residency Restrictions?
In order to understand options for defending against a violation of employment or residency restrictions for sex offenders with the status of an “offender against children” or a “sexually violent predator,” it is important to be clear about what those restrictions entail.
Under IC 35-42-4-10, a person with either of these statuses cannot knowingly or intentionally work in particular places, including volunteer work (on school property, at youth centers, in public parks, as child care providers, or as respite care or adult day care providers). Similarly, under IC 35-42-4-11, a person whose conviction results in the status of an “offender against children” or a “sexually violent predator” cannot knowingly or intentionally reside in certain places (including within a mile of the victim of the offense, and within 1,000 feet of a school property, youth program center, public park, or day care center).
Defending Against Allegations That You Violated Employment or Residency Restrictions
What is the best way to defend against an allegation that you violated employment or residency restrictions that you were subject to due to your sex offender status? It will depend on the details of the case, but the following are some possible defense strategies:
- Incorrect information or mistaken identity, meaning that you did not actually violate the employment or residency restrictions to which you were subject and law enforcement had incorrect information or is confusing you with another person;
- Lack of intent, meaning that you did not knowingly or intentionally violate a restriction (given that intent is a requirement for this particular offense); or
- You did not actually “reside” in a restricted area because you were in that area for fewer than three nights (at least three nights in a restricted area are required for a person to be “residing” in that area under the Indiana Code).
Contact Our Indianapolis Criminal Defense Lawyers Today
If you are facing new charges for violating employment or residency restrictions associated with your sex offender status, it is critical to seek legal help with your defense as soon as possible. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can discuss potential defense strategies tailored to the facts of your case. Contact us today for more information about your options.
Sources:
casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-10-unlawful-employment-by-a-sexual-predator
casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-11-sex-offender-residency-restrictions
