IC 5-2-12
    Chapter 12. Sex Offender Registration

IC 5-2-12-1
    Sec. 1. As used in this chapter, "correctional facility" has the meaning set forth in IC 4-13.5-1-1.
As added by P.L.11-1994, SEC.7.

IC 5-2-12-2
    Sec. 2. As used in this chapter, "institute" means the Indiana criminal justice institute established under IC 5-2-6.
As added by P.L.11-1994, SEC.7.

IC 5-2-12-3
    Sec. 3. As used in this chapter, "local law enforcement authority" means the chief of police of a municipality or the sheriff of a county in Indiana.
As added by P.L.11-1994, SEC.7.

IC 5-2-12-4
    Sec. 4. (a) As used in this chapter, "sex and violent offender" means a person convicted of any of the following sex and violent offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (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 as a Class A, Class B, or Class C felony (IC 35-42-4-9).
        (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.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
        (13) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (12).
        (14) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (13).
    (b) The term includes a delinquent act by a child who:
        (1) is at least fourteen (14) years of age;
        (2) is on probation, is on parole, or 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
        (3) 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.
As added by P.L.11-1994, SEC.7. Amended by P.L.63-1995, SEC.1; P.L.33-1996, SEC.2; P.L.36-1997, SEC.6; P.L.56-1998, SEC.6; P.L.238-2001, SEC.4.

IC 5-2-12-4.5
    Sec. 4.5. As used in this chapter, "sexually violent predator" means an individual who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly engage in any of the offenses described in section 4 of this chapter.
As added by P.L.56-1998, SEC.7.

IC 5-2-12-5
    Sec. 5. (a) Subject to section 13 of this chapter, the following persons must register under this chapter:
        (1) A sex and violent offender who resides or intends to reside for more than seven (7) days in Indiana.
        (2) A sex and violent offender not described in subdivision (1) who works or carries on a vocation or intends to work or carry on a vocation full-time or part-time for a period of time:
            (A) exceeding fourteen (14) consecutive days; or
            (B) for an aggregate period of time exceeding thirty (30) days;
        during any calendar year in Indiana, whether the offender is financially compensated, volunteered, or is acting for the purpose of government or educational benefit.
        (3) A sex and violent offender not described in subdivision (1) who is enrolled or intends to be enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education in Indiana.
    (b) A sex and violent offender who resides or intends to reside in Indiana shall register with each local law enforcement authority having jurisdiction in the area where the sex and violent offender resides or intends to reside.
    (c) A sex and violent offender described in subsection (a)(2) shall register with the local law enforcement authority having jurisdiction in the principal area where the sex and violent offender is or intends to be employed or carry on a vocation.
    (d) A sex and violent offender described in subsection (a)(3) shall register with the local law enforcement authority having jurisdiction in the principal area where the sex and violent offender is enrolled or intends to be enrolled as a student.
    (e) A sex and violent offender shall register on a form or in the form prescribed or approved by the institute. Each local law enforcement authority shall make the required forms available to registrants.
    (f) The sex and violent offender shall register not more than seven (7) days after the sex and violent offender arrives at the place where the sex and violent offender is required to register under subsection (b), (c), or (d).
    (g) Whenever a sex and violent offender registers with a local law

enforcement authority, the local law enforcement agency shall immediately notify the institute of the sex and violent offender's registration on a form or in the form prescribed or approved by the institute.
As added by P.L.11-1994, SEC.7. Amended by P.L.63-1995, SEC.2; P.L.33-1996, SEC.3; P.L.56-1998, SEC.8; P.L.238-2001, SEC.5.

IC 5-2-12-6
    Sec. 6. The registration required under this chapter must include the following information:
        (1) The sex and violent offender's full name, alias, date of birth, sex, race, height, weight, eye color, Social Security number, driver's license number, and home address.
        (2) A description of the offense for which the sex and violent offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.
        (3) If the person is required to register under section 5(a)(2) or 5(a)(3) of this chapter, the name and address of each of the sex and violent offender's employers in Indiana, the name and address of each campus or location where the sex and violent offender is enrolled in school in Indiana, and the address where the sex and violent offender stays or intends to stay overnight in Indiana for more than seven (7) days.
        (4) Any other information required by the institute.
As added by P.L.11-1994, SEC.7. Amended by P.L.238-2001, SEC.6.

IC 5-2-12-7
    Sec. 7. (a) Not more than fourteen (14) days before an Indiana sex and violent offender who is required to register under this chapter is scheduled to be released from a correctional facility, transferred to a community transition program, transferred to the jurisdiction of a sentencing court or probation office for a term of probation after being confined in a facility, released from any other penal facility (as defined in IC 35-41-1-21), released from a secure private facility (as defined in IC 31-9-2-115), or released from a juvenile detention facility, an official of the facility shall do the following:
        (1) Orally inform the sex and violent offender of the sex and violent offender's duty to register under this chapter and require the sex and violent offender to sign a written statement that the sex and violent offender was orally informed or, if the sex and violent offender refuses to sign the statement, certify that the sex and violent offender was orally informed of the duty to register.
        (2) Deliver a written notice on a form or in the form prescribed or approved by the institute of the sex and violent offender's duty to register under this chapter and require the sex and violent offender to sign a written statement that the sex and violent offender received the written notice or, if the sex and violent offender refuses to sign the statement, certify that the sex and violent offender was given the written notice of the duty to register.
(3) Obtain the address where the sex and violent offender expects to reside after the sex and violent offender's release.
        (4) Inform in writing on a form or in the form prescribed or approved by the institute the applicable local law enforcement authority having jurisdiction in the area where the sex and violent offender expects to reside of the sex and violent offender's name, date of release or transfer, new address, and the sex and violent offense or delinquent act committed by the sex and violent offender.
    (b) Not more than three (3) days after a sex and violent offender who is required to register under this chapter is released or transferred as described in subsection (a), an official of the facility shall send to the state police on a form or in the form prescribed or approved by the institute the following:
        (1) The sex and violent offender's fingerprints, photograph, and identification factors.
        (2) The address where the sex and violent offender expects to reside after the sex and violent offender's release.
        (3) The complete criminal history data (as defined in IC 5-2-5-1) or, if the sex and violent offender committed a delinquent act, juvenile history data (as defined in IC 5-2-5.1-5) of the sex and violent offender.
        (4) Information regarding the sex and violent offender's past treatment for mental disorders.
        (5) Information as to whether the sex and violent offender has been determined to be a sexually violent predator.
    (c) This subsection applies if a sex and violent offender is placed on probation or in a community corrections program without confining the sex and violent offender in a penal facility. The probation office serving the court in which the sex and violent offender is sentenced shall perform the duties required under subsections (a) and (b).
As added by P.L.11-1994, SEC.7. Amended by P.L.56-1998, SEC.9; P.L.238-2001, SEC.7.

IC 5-2-12-7.5
    Sec. 7.5. Notwithstanding any other law, upon receiving an offender's fingerprints from a correctional facility, the state police shall immediately send the fingerprints to the Federal Bureau of Investigation.
As added by P.L.56-1998, SEC.10.

IC 5-2-12-8
    Sec. 8. (a) If a sex and violent offender who is required to register under this chapter changes:
        (1) home address; or
        (2) if section 5(a)(2) or 5(a)(3) of this chapter applies, the place where the sex and violent offender stays overnight for more than seven (7) days;
the sex and violent offender shall provide written notice not more than seven (7) days after the address change to the local law enforcement authority with whom the sex and violent offender last registered on a

form or in the form prescribed or approved by the institute.
    (b) If the sex and violent offender moves to a new municipality or county in Indiana, the local law enforcement authority referred to in subsection (a) shall in writing inform the appropriate local law enforcement authority in the new municipality or county in Indiana, on a form or in the form prescribed or approved by the Indiana criminal justice institute, of the sex and violent offender's home or overnight residence. The local law enforcement authority receiving the written notice under this subsection shall verify the address of the sex and violent offender under section 8.5 of this chapter within seven (7) days after receiving the notice.
    (c) If a sex and violent offender who is required to register under section 5(a)(2) or 5(a)(3) of this chapter changes the sex and violent offender's principal place of employment, principal place of vocation, or campus or location where the sex and violent offender is enrolled in school, the sex and violent offender shall provide written notice not more than seven (7) days after the change to the local law enforcement authority with whom the sex and violent offender last registered on a form or in the form prescribed or approved by the institute.
    (d) If a sex and violent offender moves the sex and violent offender's place of employment, vocation, or enrollment to a new municipality or county in Indiana, the local law enforcement authority referred to in subsection (c) shall in writing inform the appropriate local law enforcement authority in the new municipality or county in Indiana, on a form or in the form prescribed or approved by the institute, of the sex and violent offender's new principal place of employment, vocation, or enrollment.
    (e) A local law enforcement authority shall make the forms required under this section available to registrants.
    (f) A local law enforcement authority who is notified of a change under subsection (a) or (c) shall immediately notify the institute of the change on a form or in the form prescribed or approved by the institute.
As added by P.L.11-1994, SEC.7. Amended by P.L.238-2001, SEC.8.

IC 5-2-12-8.5

YAMD.2001
    Sec. 8.5. (a) To verify a sex and violent offender's current home or overnight residence, the local law enforcement agency shall do the following:
        (1) Mail each sex and violent offender a verification form prescribed or approved by the Indiana criminal justice institute to the sex and violent offender's listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section 14 of this chapter or the date the sex and violent offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed on parole; or
 (D) placed on probation; whichever occurs first.
        (2) Mail a verification form prescribed or approved by the Indiana criminal justice institute to each sex and violent offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section 14 of this chapter or the date the sex and violent offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed on parole; or
            (D) placed on probation;
whichever occurs first.
    (b) If a sex and violent offender fails to return a signed verification form either by mail or in person, the local law enforcement authority shall immediately notify the institute.
As added by P.L.56-1998, SEC.11. Amended by P.L.238-2001, SEC.9.

IC 5-2-12-8.6
    Sec. 8.6. (a) A sex and violent offender who is required to register under this chapter may not petition for a change of name under IC 34-28-2.
    (b) If a sex and violent offender who is required to register under this chapter changes the sex and violent offender's name due to marriage, the sex and violent offender must notify the criminal justice institute not more than thirty (30) days after the name change.
As added by P.L.56-1998, SEC.12. Amended by P.L.1-1999, SEC.5; P.L.238-2001, SEC.10.

IC 5-2-12-9
    Sec. 9. A sex and violent offender who knowingly or intentionally fails to register under this chapter commits a Class D felony. However, the offense is a Class C felony if the sex and violent offender has a prior unrelated offense under this section.
As added by P.L.11-1994, SEC.7. Amended by P.L.33-1996, SEC.4; P.L.238-2001, SEC.11.
IC 5-2-12-10
    Sec. 10. The institute shall update the sex and violent offender registry at least one (1) time every six (6) months.
As added by P.L.11-1994, SEC.7. Amended by P.L.56-1998, SEC.13.

IC 5-2-12-11
    Sec. 11. (a) The institute shall make the sex and violent offender registry available on a computer disk. Each time the registry is updated under section 10 of this chapter, the institute shall send one (1) paper copy of the sex and violent offender registry to:
        (1) all school corporations (as defined in IC 20-1-6-1);
 (2) all nonpublic schools (as defined in IC 20-10.1-1-3);
        (3) a state agency that licenses individuals who work with children;
        (4) the state personnel department to screen individuals who may be hired to work with children;
        (5) all child care facilities licensed by or registered in the state of Indiana; and
        (6) other entities that:
            (A) provide services to children; and
            (B) request the registry.
    (b) The institute shall publish the sex and violent offender registry on the Internet through the computer gateway administered by the intelenet commission under IC 5-21-2 and known as Access Indiana.
    (c) A copy of the sex and violent offender registry provided to an entity under subsection (a)(5) or (a)(6) or published under subsection (b) may not include the home address of a sex and violent offender whose name appears in the registry.
As added by P.L.11-1994, SEC.7. Amended by P.L.56-1998, SEC.14; P.L.214-1999, SEC.1; P.L.238-2001, SEC.12.

IC 5-2-12-12
    Sec. 12. When the institute sends a copy of the sex and violent offender registry to an entity under section 11 of this chapter, the institute shall include a notice using the following or similar language: "A person whose name appears on this registry has been convicted of a sex offense or a violent offense against a child or has been adjudicated a delinquent child for an act involving another child that would be a sex or violent offense if committed by an adult. Continuing to employ a person whose name appears on this registry may result in civil liability for the employer.".
As added by P.L.11-1994, SEC.7. Amended by P.L.33-1996, SEC.5; P.L.56-1998, SEC.15.

IC 5-2-12-13
    Sec. 13. (a) Except as provided in subsections (b) and (c), a sex and violent offender's duty to register expires ten (10) years after the date the sex and violent offender:
        (1) becomes twenty-one (21) years of age, if the sex and violent offender was required to register under this chapter for a delinquent act;
        (2) is released from a penal facility (as defined in IC 35-41-1-21) of a state or another jurisdiction;
        (3) is placed in a community transition program;
        (4) is placed in a community corrections program;
        (5) is placed on parole; or
        (6) is placed on probation;
whichever occurs last.
    (b) A sex and violent offender who is found to be a sexually violent predator by a court under IC 35-38-1-7.5(b) is required to register for an indefinite period unless a court, assisted by a board of experts, finds that the sex and violent offender is no longer a sexually violent predator

under IC 35-38-1-7.5(c).
    (c) A sex and violent offender who is convicted of at least one (1) sex and violent offense that the sex and violent offender committed:
        (1) when the person was at least eighteen (18) years of age; and
        (2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
    (d) A sex and violent offender who is convicted of at least one (1) sex and violent offense:
        (1) that was committed when the person was at least eighteen (18) years of age;
        (2) that was committed against a victim who was less than eighteen (18) years of age at the time of the crime;
        (3) in which the sex and violent offender:
            (A) proximately caused serious bodily injury or death to the victim;
            (B) used force or the threat of force against the victim or a member of the victim's family; or
            (C) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
    (e) A sex and violent offender who is convicted of at least two (2) unrelated sex and violent offenses that were committed:
        (1) when the person was at least eighteen (18) years of age; and
        (2) against victims who were less than eighteen (18) years of age at the time of the crime;
is required to register for life.
As added by P.L.11-1994, SEC.7. Amended by P.L.63-1995, SEC.3; P.L.33-1996, SEC.6; P.L.56-1998, SEC.16; P.L.238-2001, SEC.13.

IC 5-2-12-14
    Sec. 14. (a) The governor may enter into a compact with one (1) or more jurisdictions outside Indiana to exchange notifications concerning the release, transfer, or change of address, employment, vocation, orenrollment of a sex and violent offender between Indiana and the other jurisdiction or the other jurisdiction and Indiana.
    (b) The compact must provide for the designation of a state agency to coordinate the transfer of information.
    (c) If the state agency receives information that a sex and violent offender has relocated to Indiana to reside, engage in employment or a vocation, or enroll in school, the state agency shall inform in writing the appropriate local law enforcement authority having jurisdiction in the area where the sex and violent offender is required to register in Indiana of:
        (1) the sex and violent offender's name, date of relocation, and new address; and
        (2) the sex and violent offense or delinquent act committed by the sex and violent offender.
As added by P.L.238-2001, SEC.14.