Indiana Code 11-8-8-5. “Sex or violent offender”
(1) Rape (IC 35-42-4-1).
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
Terms Used In Indiana Code 11-8-8-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- register: means to report in person to a local law enforcement authority and provide the information required under section 8 of this chapter. See Indiana Code 11-8-8-4
- sex offender: means a person convicted of any of the following offenses:
Indiana Code 11-8-8-4.5
- sex or violent offender: means a person convicted of any of the following offenses:
Indiana Code 11-8-8-5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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, or a person prosecuted under IC 31-30-1-4(d) for an offense described in subsection (a) committed when the person was less than eighteen (18) years of age, but who was at least twenty-one (21) years of age when the charge was filed, 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.
(d) A person ordered to register under subsection (b)(2) may petition the court to reconsider the order at any time after completing court ordered sex offender treatment. The court shall consider expert testimony concerning whether a child or person is likely to repeat an offense described in subsection (a) or 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; P.L.115-2023, SEC.2.