At B. Hicks Law, we understand that every individual deserves a fair defense under the law, including those facing charges related to unlawful entry of school property by serious sex offenders. The legal landscape can be complex, and our experienced criminal defense team is here to guide you through the process. In this blog post, we'll delve into the specifics of Indiana Code 35-42-4-14, which pertains to unlawful entry by a serious sex offender onto school property, its consequences, and the potential defenses available.
Understanding Indiana Code 35-42-4-14
Indiana Code 35-42-4-14 deals with the offense of unlawful entry of school property by a serious sex offender. But first, let's clarify who falls under the definition of a "serious sex offender." This category includes individuals who are either found to be sexually violent predators under IC 35-38-1-7.5 or convicted of specific sex offenses, such as child molesting, child exploitation, possession of child pornography, vicarious sexual gratification, performing sexual conduct in the presence of a minor, child solicitation, child seduction, or sexual misconduct with a minor.
A serious sex offender who knowingly or intentionally enters school property commits a Level 6 felony under Indiana law.
It's important to note that defenses exist for individuals facing charges under Indiana Code 35-42-4-14. If the following conditions are met, it may serve as a valid defense:
Religious Institution on School Property: If a religious institution or house of worship is located on the school property, this can be used as a defense.
Limited Purpose: The accused person must have entered the school property for the sole purpose of attending worship services or receiving religious instruction.
Timing: They must have entered no earlier than thirty (30) minutes before the beginning of worship services or religious instruction.
Timely Departure: The accused must leave the school property not later than thirty (30) minutes after the conclusion of worship services or religious instruction.
Meeting these conditions could potentially provide a strong defense against unlawful entry charges.
Consequences of Unlawful Entry by a Serious Sex Offender
If convicted of unlawful entry by a serious sex offender, the accused may face the consequences of a Level 6 felony. The penalties associated with Level 6 felonies in Indiana may include imprisonment, fines, probation, or other forms of punishment.
Why You Need Experienced Legal Representation
If you or someone you know is facing charges related to unlawful entry of school property as a serious sex offender, it's crucial to have a skilled and knowledgeable legal team on your side. B. Hicks Law is here to provide the expert legal representation you need to navigate the complex legal system and ensure that your rights are protected.
Our experienced criminal defense attorneys have a deep understanding of Indiana's legal statutes and will work diligently to explore all possible defenses and seek the best possible outcome for your case.
At B. Hicks Law, we are committed to providing the highest level of legal representation to individuals facing charges related to unlawful entry of school property by serious sex offenders. We are dedicated to defending your rights and ensuring a fair and just legal process. If you or someone you know needs legal assistance in such a case, don't hesitate to reach out to us. We're here to help you through this challenging time.