Indiana Code
Chapter 8. Sex Offender Registration
11-8-8-5. "Sex or Violent Offender"

Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent 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) (before its repeal).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (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 (IC 35-42-4-9) as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be required to register as a sex offender.
(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, and the person who kidnapped the victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).
(15) Promotion of human sexual trafficking under IC 35-42-3.5-1.1.
(16) Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).
(17) Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).
(18) Child sexual trafficking (IC 35-42-3.5-1.3).
(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.
(20) Murder (IC 35-42-1-1).
(21) Voluntary manslaughter (IC 35-42-1-3).
(22) Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).
(b) The term includes:
(1) a person who is required to register as a sex or violent 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.
(c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is 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. Amended by P.L.216-2007, SEC.13; P.L.1-2012, SEC.3; P.L.72-2012, SEC.2; P.L.13-2013, SEC.42; P.L.214-2013, SEC.5; P.L.158-2013, SEC.172; P.L.185-2014, SEC.3; P.L.168-2014, SEC.21; P.L.75-2016, SEC.2; P.L.13-2016, SEC.5; P.L.144-2018, SEC.4; P.L.142-2020, SEC.13.

Structure Indiana Code

Indiana Code

Title 11. Corrections

Article 8. General Provisions: Department of Correction

Chapter 8. Sex Offender Registration

11-8-8-0.1. Repealed

11-8-8-0.2. Application of Certain Amendments to Prior Law

11-8-8-1. "Correctional Facility"

11-8-8-1.2. "Electronic Chat Room Username"

11-8-8-1.4. "Electronic Mail Address"

11-8-8-1.6. "Instant Messaging Username"

11-8-8-1.8. "Social Networking Web Site Username"

11-8-8-2. "Local Law Enforcement Authority"

11-8-8-3. "Principal Residence"

11-8-8-4. "Register"

11-8-8-4.5. "Sex Offender"

11-8-8-5. "Sex or Violent Offender"

11-8-8-5.2. "Sex Offense"

11-8-8-6. "Sexually Violent Predator"

11-8-8-7. Persons Required to Register; Registration Locations; Time Limits; Photographs; Duties of Local Law Enforcement

11-8-8-8. Required Registration Information; Consent to Computer Search

11-8-8-9. Informing of Duty to Register; Registration Time Limits; Offenders Not Committed to the Department

11-8-8-10. Duty to Transmit Fingerprints to Federal Bureau of Investigation

11-8-8-11. Change in Registration Location or Status; Duty to Register or Notify; Updates

11-8-8-12. Temporary Residence

11-8-8-13. Verification of Current Residences

11-8-8-14. Annual Reporting; Quarterly Reporting for Sexually Violent Predators; Registration and Photographs

11-8-8-15. Possession of Valid Indiana Driver's License or Identification Card Required

11-8-8-16. Name Changes

11-8-8-17. Registration Violations; Penalty

11-8-8-18. Sexually Violent Predator; Duty to Notify

11-8-8-19. Expiration of Duty to Register; Lifetime Registration; Out-of-State Registrants

11-8-8-20. Interstate Agreements; Department to Determine Status of Out-of-State Offenders

11-8-8-21. Sex and Violent Offender Fund

11-8-8-22. Procedure for Retroactive Application of Ameliorative Statutes

11-8-8-23. Law Enforcement Authority to Take Reasonable Steps to Notify a Victim of an Offender Name Change