In Indiana, effective July 1, 2006 all sexual offense will be defined as violent sexual offenders for
lifetime registration. This will include touching. Children should be taught that just touching can cause a lableling as a violent sexual offender with a lifetime registration requirement. What is unclear about this law, is how can it be applied to offenders before the new law application of the new definition. In other words the individual was not charged as a violent offender but is not being punished as violent offender. Is this not double jeopardy, a second sentence for the same crime? I BELIEVE THIS IS IN VIOLATION OF THE CITIZEN RIGHT TO DUE PROCESS.
IC 35-42-4-8
Sexual battery35-42-4-8 Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is:
(1) compelled to submit to the touching by force or the imminent threat of force; or
(2) so mentally disabled or deficient that consent to the touching cannot be given;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly force;
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(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7.
IC 35-38-1-7.5
Findings regarding sexually violent predators35-38-1-7.5 Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a
mental abnormality or personality disorder that makes the individual likely to repeatedly engage in any of the offenses described in IC 11-8-8-5. The term includes a person convicted in another jurisdiction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g).
(b) A person who:
(1) being at least eighteen (18) years of age, commits an offense described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3 as a Class A or Class B felony;
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony; or
(2) commits an offense described in IC 11-8-8-5 while having a previous unrelated conviction for an offense described in IC 11-8-8-5 for which the person is required to register as an offender under IC 11-8-8;
is a sexually violent predator.
(c) This section applies whenever a court sentences a person for a sex offense listed in IC 11-8-8-5 for which the person is required to register with the local law enforcement authority under IC 11-8-8.
(d) At the sentencing hearing, the court shall determine whether
the person is a sexually violent predator under subsection (b).
(e) If the court does not find the person to be a sexually violent predator under subsection (b), the court shall consult with a board of experts consisting of two (2) board certified psychologists or psychiatrists who have expertise in criminal behavioral disorders to determine if the person is a sexually violent predator under subsection (a).
(f) If the court finds that a person is a sexually violent predator:
(1) the person is required to register with the local law enforcement authority as provided in IC 11-8-8; and
(2) the court shall send notice of its finding under this subsection to the department of correction.
(g) A person who is found by a court to be a sexually violent predator may petition the court to consider whether the person should no longer be considered a sexually violent predator. The person may file a petition under this subsection not earlier than ten (10) years after:
(1) the sentencing court makes its finding under subsection (e); or
(2) a person found to be a sexually violent predator under subsection (b) is released from incarceration.
A person may file a petition under this subsection not more than one (1) time per year. If a court finds that the person should no longer be considered a sexually violent predator, the court shall send notice to the department of correction that the person is no longer considered a sexually violent predator. Notwithstanding any other law, a condition imposed on a person due to the person's status as a sexually violent predator, including lifetime parole or GPS monitoring, does not apply to a person no longer considered a sexually violent predator.
As added by P.L.56-1998, SEC.17. Amended by P.L.1-1999, SEC.77; P.L.238-2001, SEC.18; P.L.116-2002, SEC.20; P.L.6-2006, SEC.5; P.L.140-2006, SEC.21 and P.L.173-2006, SEC.21.
IC 11-8-8-5
"Sex offender"
Sec. 5. (a) As used in this chapter, "sex 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).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (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 (IC 35-42-4-9).
(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.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age.
(13) Possession of child pornography (IC 35-42-4-4(c)), if the
person has a prior unrelated conviction for possession of child
pornography (IC 35-42-4-4(c)).
(14) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (13).
(15) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (14).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(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.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
2006 Legislative Changes to Sex Offender Registry Senate Enrolled Act 6 (Public Law 139), Senate Enrolled Act 12 (Public Law 140), Senate Enrolled Act 246 (Public Law 6), and House Enrolled Act 1155 (Public Law 173) made numerous changes to the sex offender registry and to local registration laws for adult sex offenders, effective July 1, 2006. Senate Enrolled Act 12 and House Enrolled Act 1155 also made several changes to the requirements for collection of DNA samples. These changes were also effective July 1, 2006. Below is a summary of the changes.
Oversight of the Sex Offender Registry transferred to the Department of Correction (IC 11-8-2-12.4) DOC is now responsible for the oversight of the registry, rather than the Indiana Criminal Justice Institute
The Sex Offender Directory is eliminated and its functions transferred to the sex offender registry
The registration statute is now IC 11-8-8 (formerly IC 5-2-12)
DOC is required to establish a "format" for registration
DOC is required to inform and train judges, prosecuting attorneys, law enforcement officials, parole officers, probation officers, and community corrections officials concerning the requirements of the sex offender registry
DOC must update the registry daily and make the registry available on the internet (IC 11-8-2-13)
DOC must register incarcerated offenders prior to release
DOC may reduce good time credit for an offender who does not participate in a sex offender treatment program or who does not register before being released from incarceration
Registration-definition of "offender" (IC 11-8-8-5) Definition of sex offender expanded to include a person who is required to register in any jurisdiction (this is important for persons transferring to Indiana under the Interstate Compact)
General registration requirements (IC 11-8-8)
Sex offenders committed to DOC shall register with the Department before release from incarceration (DOC forwards this information to the local law enforcement authority where the offender will reside)
Sex offenders not committed to DOC must register within 7 days of being placed on probation
Sex offenders subject to registration requirements must carry a valid Indiana driver's license or ID (Class A misdemeanor for failure to possess identification)
As a condition of probation, a sex offender shall not establish a new residence within one mile of the victim of the offense unless granted a waiver by the court
A sex offender living in a "temporary residence" must register within 72 hours of moving into the residence and at least once every 7 days while living in the temporary residence
Sexually violent predators (IC 35-38-1-7.5) Definition expanded to include offenders who commit rape, criminal deviate conduct, child molesting as a Class A or Class B felony, or vicarious sexual gratification, and offenders who commit sex offenses listed in IC 11-8-8-5 while having a previous unrelated conviction for an offense listed in IC 11-8-8-5 for which the person is required to register
Whenever a court sentences a person for a sex offense listed in IC 11-8-8-5, the court must determine if the person is a sexually violent predator under IC 35-38-1-7.5(b). If the court does not find the person to be a sexually violent predator under subsection (b), the court shall consult with two (2) board certified psychologists/psychiatrists to determine if the person is a sexually violent predator under subsection (a).
If the court finds a person to be a sexually violent predator, the court shall send notice of its finding to DOC (IC 35-38-1-7.5(f)(2))
Sexually violent predators must register within 72 hours of being released from prison or placed on probation, parole, or home detention (IC 11-8-8-7(h))
A juvenile court may not appoint a sexually violent predator to serve as the guardian or custodian of a child (IC 31-30-1-2.5)
Sexually violent predators may be deprived of credit time earned at DOC if the person refuses to register as a sex offender before release or refuses to participate in a sex offender treatment program (IC 35-50-6-5(a)(5)&(6))
Sexually violent predators shall be placed on lifetime parole after release from prison (IC 35-50-6-1(e))
If a person being supervised on lifetime parole is also required to be supervised by a court, probation department, community corrections department or community transition program upon release from imprisonment, the parole board may permit the other supervising agency to exercise all or part of the parole board's supervisory responsibility during the period in which the other supervising agency is required to supervise the person, if supervision by the other supervising agency will be at least as stringent and at least as effective as supervision by the parole board (IC 35-50-6-1(g))
A sexually violent predator must notify local law enforcement when the person will be absent from his "principle place of residence" for more than 72 hours and must notify where the person will be located during the absence (if the sexually violent predator will be in another Indiana county for more than 72 hours, the person must inform local law enforcement of the location and length of the stay). Sexually violent predators who do not comply with this requirement commit Failure to Notify, a Class A misdemeanor (IC 11-8-8-18)
A sexually violent predator who knowingly or intentionally works for compensation or as a volunteer on school property, at a youth program center or a public park commits Unlawful Employment Near Children By a Sex Offender, a Class D felony (IC 35-42-4-10)
Other sex offender-related statutory changes An "offender against children" (defined as a sexually violent predator or a person convicted of child molesting, child exploitation, child solicitation, child seduction or kidnapping if the victim is less than 18) who knowingly or intentionally resides within 1000 feet of school property, a youth program center or a public park, or establishes a residence within one (1) mile of the victim of the offense, commits Sex Offender Residency Offense, a Class D felony (IC 35-42-4-11)
Under IC 11-8-8-9(c), if a sex offender is placed on probation or in a community corrections program without being confined in a penal facility, the probation office serving the court in which the sex offender is sentenced shall perform the duties required under IC 11-8-8-9(a) and (b). (Inform the sex offender of the duty to register and require the sex offender to sign a written statement acknowledging that the sex offender was informed of the duty to register; obtain address where offender expects to reside; transmit to local law enforcement the sex offender's name, address, and offense; within 72 hours of release, transmit the offender's fingerprints, photograph, identifying factors, address, mental health treatment history, criminal history, and information as to whether the sex offender has been determined to be a sexually violent predator.
Last Revised: Wednesday, 15-Nov-2006 10:48:55 EST from the website of the
Indiana Department of CorrectionBe smart choose freedom
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