Sec. 12. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5).
(b) A sex offender who knowingly or intentionally violates a:
(1) condition of probation;
(2) condition of parole; or
(3) rule of a community transition program;
that prohibits the offender from using a social networking web site or an instant messaging or chat room program to communicate with a child less than sixteen (16) years of age commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(c) It is a defense to a prosecution under subsection (b) that the person reasonably believed that the child was at least sixteen (16) years of age.
As added by P.L.119-2008, SEC.18. Amended by P.L.247-2013, SEC.8; P.L.158-2013, SEC.448; P.L.168-2014, SEC.73; P.L.5-2022, SEC.4.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 42. Offenses Against the Person
35-42-4-4. Child Exploitation; Possession of Child Pornography; Exemptions; Defenses
35-42-4-5. Vicarious Sexual Gratification; Sexual Conduct in Presence of a Minor
35-42-4-9. Sexual Misconduct With a Minor
35-42-4-10. Unlawful Employment by a Sexual Predator
35-42-4-11. Sex Offender Residency Restrictions
35-42-4-12. Sex Offender Internet Offense
35-42-4-12.5. Sex Offender Unmanned Aerial Vehicle Offense
35-42-4-13. Inappropriate Communication With a Child
35-42-4-14. Unlawful Entry of School Property by a Serious Sex Offender