Sec. 12. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5).

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 35-42-4-12

  • Conviction: A judgement of guilt against a criminal defendant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
     (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.

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