Understanding Sex Offender Restrictions

If you are convicted of a sex offense in Indiana, including a sex crime involving a juvenile victim, you will typically be required to register as a sex offender on the sex offender registry. For many people who are convicted of sex offenses, there may be certain restrictions associated with that classification even after a prison sentence has been served and a fine has been paid. In particular, for a person who has been convicted of certain sex crimes, including particular offenses including those involving minor victims, that individual may be deemed a “sexually violent predator” or an “offender against children.” With such a status or classification, additional restrictions will likely apply.

It is important to understand what those restrictions involve, what the penalties are in the event of a violation, and how to defend against allegations of a violation.

Employment Restrictions on an “Offender Against Children” or a “Sexually Violent Predator” 

Under IC 35-42-4-10, a person who has been convicted of a sex offender that has resulted in a status of an “offender against children” or a “sexually violent predator” is restricted from engaging in certain types of work — on a paid employment basis as well as on an unpaid volunteer basis. Anyone who is an “offender against children” or a “sexually violent predator” who “knowingly or intentionally” works on or at any of the following locations can face charges for a Level 6 or Level 5 felony offense for the violation:

• On school property;
• At a youth program center;
• At a public park;
• As a child care provider or for a child care provider;
• As a provider of respite care or support services for caregivers; and/or
• As a provider of adult day care services.

A violation of IC 35-42-4-10 will typically be charged as a Level 6 felony offense, but if the person has a prior unrelated conviction involving a violation of sex offender restrictions, then it is a Level 5 felony.

Residency Restrictions on an “Offender Against Children” or a “Sexually Violent Predator” 

Restrictions also apply to a person’s residence. Under IC 35-42-4-11, a person who has been convicted of a sex offender that has resulted in a status of an “offender against children” or a “sexually violent predator” is restricted from residing in certain places. Under the statute, “reside” means “to spend more than three nights” in a residence or another location during a 30-day period.

A person with the status of an “offender against children” or a “sexually violent predator” cannot reside within 1,000 feet of any of the following:

• School property;
• Youth program center;
• Public park; or
• Day care center.

Restrictions are also placed on the person residing within one mile of the victim of the original sex offense. A violation of the statute is typically charged as a Level 6 felony.

Contact Our Indianapolis Criminal Defense Lawyers for Assistance 

If you have a criminal record for a sex crime conviction and are facing charges for violating employment or residency restrictions associated with an offender against children or a sexually violent predator, you may have options for avoiding a subsequent conviction. It is important to discuss the details of the alleged violation with one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC as soon as possible. We can speak with you today to learn more about your case and to discuss potential defense strategies.

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