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  • Writer's pictureBrandon Hicks

Navigating Indiana's Sex Offender Residency Restrictions 35-42-4-11 : A Legal Perspective

At B. Hicks Law, we believe in upholding the principles of justice and fairness in all aspects of the law. Today, we want to address a specific aspect of the Indiana legal system that often raises questions and concerns: the Sex Offender Residency Restrictions outlined in IC 35-42-4-11. We will discuss this law and the legal nuances surrounding it while maintaining a neutral stance on the issue of crime.

Understanding IC 35-42-4-11

IC 35-42-4-11 is a section of the Indiana Code that deals with residency restrictions for "offenders against children." Before delving into the details, it's essential to understand the definition of "offender against children." According to the law, it refers to individuals who are required to register as a sex or violent offender under IC 11-8-8, and who meet one of the following criteria:

  1. They have been found to be a sexually violent predator under IC 35-38-1-7.5.

  2. They have been convicted of specific offenses, including child molesting, child exploitation, child solicitation, child seduction, or kidnapping, provided the victim is under 18 years of age, and the offender is not the child's parent or guardian.

Please note that individuals meet these conditions by operation of law if they meet any of the above criteria at any time.

Residency Restrictions

IC 35-42-4-11 outlines specific restrictions on where an "offender against children" can reside. According to the law, "reside" means spending more than three nights in either a residence or a particular location within a 30-day period.

An "offender against children" commits a Level 6 felony if they knowingly or intentionally:

  1. Reside within 1,000 feet of school property, a youth program center, a public park, or a day care center licensed under IC 12-17.2.

  2. Establish a residence within one mile of the residence of the victim of their sex offense.

  3. Reside in a residence where a child care provider, as defined by IC 31-33-26-1, provides child care services.

Exceptions and Petitioning for Reconsideration

The law includes exceptions for individuals with two or more unrelated convictions for offenses described in subsection (a). These individuals can petition the court to reconsider whether they should no longer be considered "offenders against children." However, they can only file a petition not earlier than ten years after their release from incarceration or parole, or ten years after their release from probation if they were not incarcerated. A person can file this petition no more than once per year.

The court, in such cases, is required to appoint two psychologists or psychiatrists with expertise in criminal behavioral disorders to evaluate the individual and testify at the hearing. The court will ultimately decide whether the person should no longer be considered an "offender against children."

B. Hicks Law is committed to providing comprehensive legal assistance and guidance in various areas of criminal law. Our aim is to ensure that the rights of individuals are protected while upholding the legal principles that govern our society. The Sex Offender Residency Restrictions under IC 35-42-4-11 are a complex aspect of the law, and if you or someone you know needs legal advice or representation regarding this or any other legal matter, please do not hesitate to contact us. We are here to provide support and guidance through the legal process.

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