We gathered all Indiana sex offender laws in one place, simplifying them for everyone to understand. Below you can learn about Indiana sex offender registry requirements, residency restrictions, travel restrictions, how to get removed from the registry, penalties for failing to register, and sex offender terminology explained in easy-to-digest language.
*This article is for informational purposes only and is not meant to serve as legal advice. Please consult an attorney if you need to obtain legal advice.
Indiana Sex Offender Registration Laws
Since the enactment of Zachary’s Law in 2003, the Indiana Code § 11-8-2-12.4 requires individuals convicted of sex crimes to register as sex offenders. The Indiana Department of Corrections and the county sheriffs are responsible for maintaining the sex offenders registry in Indiana. Sex offender data shows that Indiana had nearly 13,000 individuals on the registry at the time of writing.
Overview of Zachary’s Law
Zachary Snider was a ten-year-old boy from Cloverdale, Indiana, who was molested and brutally murdered by a neighbor who had been previously convicted of child molesting. The horrifying act took place in 1993, and the following year Zachary’s Law was established in honor of the tragically murdered boy and in an attempt to prevent further crimes of the same nature. The law requires convicted sex offenders to report to their local law enforcement agency.
Zachary’s law was replaced by the Indiana statute IC 11-8-8 in July 2006. While these sex offender laws are strict, Indiana is still among the top ten states with the most child sex abuse victims, 162 per every 100,000 children.
Unlike some states that divide sex offenders into three tiers, Indiana recognizes sex and violent offenders. A sex or violent offender in Indiana is anyone convicted for any of the following crimes:
- rape;
- sexual battery;
- child molesting;
- child solicitation;
- child seduction;
- child exploitation;
- sexual misconduct with a minor;
- sexual misconduct with a minor where the perpetrator is a service provider and the victim is a detained or supervised child;
- possession of child pornography;
- promoting child sex trafficking or trafficking of a younger child;
- child sexual trafficking;
- promoting human sexual trafficking;
- human trafficking of victims younger than 18 years of age;
- promotion of prostitution;
- criminal deviate conduct (for convictions that happened before repeal);
- kidnapping or criminal confinement of a person younger than 18 years of age by a person who’s not a parent or a legal guardian to the victim;
- vicarious sexual gratification, including performing a sexual act in the presence of a minor;
- incest;
- murder;
- voluntary manslaughter.
Types of Sexual Offenders in Indiana
In general, Indiana’s terminology regarding sex offenders recognizes the following types of offenders:
- sex offenders or violent offenders as defined above, with violent offenders convicted for more severe crimes, including murder or voluntary manslaughter;
- sexually violent predators;
- offenders against children.
Sexually Violent Predators (SVP) in Indiana
A sexually violent predator in Indiana is a person who suffers from a mental abnormality or a personality disorder that makes them prone to reoffending. A person can earn the title of a sexual predator in Indiana:
- if they are older than 18 and commit or attempt to commit:
- rape or child molesting as a class A or B felony or a Level 1-4 felony;
- vicarious sexual gratification as a Level 2-4 felony;
- any offense committed outside Indiana that’s similar to the above-described offenses;
- if they are already required to register as a sexual or violent offender and commit a new sex offense;
- if they have been previously adjudicated as a delinquent child and commit a new sex offense for which an adult would’ve been required to register as a sexual or violent offender;
- if they have been previously adjudicated as a delinquent child, commit a new sex offense, and the court finds evidence that the person is likely to commit another sex offense in the future.
A person, however, won’t be considered an SVP if:
- the victim was 12 years of age or older;
- the perpetrator was no more than four years older than the victim;
- the perpetrator and the victim were dating or had an ongoing personal relationship;
- the perpetrator hasn’t committed another sex offense;
- the perpetrator didn’t have a position of authority or influence over the victim;
- the court has found evidence that the person shouldn’t be considered SVP.
Even if the offender doesn’t fall into the abovementioned categories, the court may appoint two psychologists or psychiatrists to evaluate the person and determine whether they should be classified as an SVP.
The same procedure applies if the person wishes to have this classification removed. Indiana sex offender laws make this possible only for SVPs without two or more unrelated sex convictions after carrying the status for ten years. A petition to remove the SVP status can be filed every year.
Offenders Against Children in Indiana
An offender against children is a sex offender, violent offender, or SVP who has committed any of the following crimes:
- child molesting;
- child exploitation;
- child solicitation;
- child seduction;
- kidnapping a victim younger than 18 years of age, where the perpetrator is not the minor’s parent or guardian;
- attempting to commit any of the offenses listed above;
- committing a sex crime in another jurisdiction similar to an offense described above.
Although Indiana is not among the states with the most sex offenders, the number of cases of child sexual abuse is high. For this reason, offenders against children face additional restrictions that we discuss further in this article.
Juvenile Sex Offenders in Indiana
According to Indiana sex offender registration laws for juvenile offenders, sex offenders who are less than 18 years old might need to register in the following cases:
- they were 14 years or older when they committed the sex crime;
- they have been released from confinement in a juvenile facility or state institution;
- they are considered to carry a risk of committing other sex offenses.
Who Is Required to Register as a Sex or Violent Offender in Indiana?
Sex offender laws in Indiana require offenders to register as sex or violent offenders if the offender is:
- an Indiana resident;
- a visitor who intends to stay for at least seven days, including part of a day in Indiana (even if it’s for a few hours, it counts as a whole day) across 180 days;
- an owner of property in Indiana who can return at any time;
- a person who works, carries on a vocation, or intends to do so in Indiana for more than seven consecutive days in six months or a total period of more than 14 days in a calendar year;
- enrolled or intends to enroll in any public or private educational institution.
Upon initial registration, sex or violent offenders are obligated to report in person within seven days, while sexually violent predators must report no longer than 72 hours from:
- release from prison or other correctional institution;
- being placed on parole, probation, or home detention.
According to sex offender registry laws in Indiana, sex offenders might be required to register in more than one location if they reside, work, or attend school in multiple locations. In this case, they must complete the registration in each area within 72 hours. Any information changes should also be updated within 72 hours.
Duration of Sexual Offender Registration in Indiana
Sexually violent offenders, offenders convicted of sex crimes against a victim under the age of 12, or offenders convicted of using force or the threat of force must register for life. This applies to all offenses that occurred after July 1, 2001. Moreover, sex offender lifetime registration Indiana laws demand offenders to report every 90 days. All other offenders must register for ten years and verify their information once a year.
Information Collected Upon Registration
The sex offender and sexual predator list in Indiana collects the following details from sex offenders:
- full legal name, any previous names the offender has used, including aliases;
- date of birth;
- sex;
- race;
- height and weight;
- recent photograph;
- physical description, including hair color, eye color, scars, tattoos, and other marks;
- social security number;
- driver’s license number or state ID number;
- address of residence and mailing address if different from the address of residence;
- description of the sex offense for which the offender must register, including date, county, cause number of conviction, and the sentence, if applicable;
- name and address of each employer of the sex offender;
- name and address of the campus or school where the sex offender is enrolled;
- if the sex offender is a sexually violent predator or required to register for life, they must provide this information upon registration;
- offender’s fingerprints;
- other relevant information that the Indiana Department of Correction may require.
This information is available for public use, excluding any confidential data, like SSN. Members of the public can search the registry by location, including within a specified radius of their home, business, school, etc., on the sex offender map in Indiana.
They can also look up offenders by name, internet identifiers, and phone number and search for non-compliant offenders. No individual is allowed to use the information on the sex offender registry to harass registered sex offenders.
Removal From the Sex Offender Registry in Indiana
Since 2013, Indiana law enforcement agencies have been obligated to notify every offender before placing their name on the sex offender registry. The individual can appeal this decision if certain conditions are met. Non-incarcerated registrants must satisfy one of the following requirements:
- an Indiana law enforcement agency has notified them of a change in Indiana sex offender registry requirements that will directly impact them and previously denied protests, if any;
- the offender hasn’t received any update for 30 days or longer about a request for removal, change in information, or exclusion from the registry.
Registered sex offenders in Indiana who meet one of the above conditions can petition for removal in the following cases:
- the individual is innocent, and the registry has incorrectly included their name;
- the registry’s decision is based on incorrect public information that needs to be changed;
- the registry’s decision is based on public information that the registry shouldn’t have used;
- the registry hasn’t considered some public information that would have influenced their decision.
It’s important to understand that there are strict procedures and deadlines that must be respected. Each request must be submitted in writing and feature a sign by the person requesting the removal, exclusion, or change in information. If the offender doesn’t receive an answer from the Indiana sex offender registry within 30 days, a follow-up request must be submitted within seven days after the 30-day period.
Any errors in the process from the offender’s side can compromise their chances for removal, especially if they have only one opportunity to protest or appeal. An experienced attorney may increase the chances of a favorable resolution.
Indiana Sex Offender Notification Laws
Aside from implementing Megan’s Law by maintaining a statewide sex offender registry, all 92 county sheriffs in Indiana have adopted OffenderWatch. Among other things, this software is a community notification tool that brings sex offender data to citizens’ fingertips in a user-friendly way. Citizens can also sign up for email alerts regarding offenders near their important addresses through each county’s website.
Alternatively, people search engines offer a broader range of information for those who want to take their research to the next level or want to check for data other than sex offender information.
Sex offender laws in Indiana regarding community notification make sex offenders convicted after June 30, 1994, who committed crimes against victims younger than 18 subject to broader community notification. Indiana provides a paper copy of the registration information on the state registry plus the offenders’ home addresses to all public and non-public schools, state agencies that license or hire individuals working with children, and registered childcare facilities.
Indiana Sex Offender Residency Laws
Some Indiana registered sex offenders face residency restrictions, and all of them face discrimination regarding renting a home. Most often than not, landlords ask applicants to undergo a tenant screening procedure, which unveils information about credit score, sex offender status, previous evictions, etc.
Credit score data shows that formerly incarcerated individuals typically have bad credit scores. Aside from the Indiana sex offender laws regarding resident restrictions, this is another reason that makes it hard for them to find stable housing. This situation further limits their ability to work and maintain a normal life that won’t trigger new offenses. In addition, these individuals often cluster in the worst neighborhoods, an environment that makes them more prone to reoffending.
The sex offender residency laws in Indiana prohibit child sex offenders from:
- living within 1,000 feet of schools, excluding post-secondary schools, public parks, youth program centers, licensed IC 12-17.2 daycare centers;
- residing within one mile of their victim’s residence;
- living in a home where a childcare provider provides childcare services.
A sexual offender in Indiana with a non-minor victim is also prohibited from establishing a residence within one mile of the victim’s home unless they get a waiver. A violation of the Indiana sex offender residency restrictions is a Level 6 felony. Offenders can easily end up with multiple felonies that will show on criminal background checks just by failing to comply with any of the sex offender requirements.
Unlike in some states, there are no Indiana sex offender laws regarding churches. Sex offenders can attend service even when children are present.
Sex Offender Work Restrictions
Indiana sex offender laws forbid child sex offenders and sexual predators in Indiana from accepting employment:
- within 1,000 feet of school properties, excluding post-secondary school properties, public parks, youth program centers, licensed daycare centers, or work in some of these institutions;
- within one mile of the residence of their victim;
- in a place where a child care provider provides child care services or works as a child care provider;
- as a provider of respite care services, other support services for primary or family caregivers, adult day care services, or childcare services.
Violation of these employment restrictions in Indiana is a Level 6 felony.
Job opportunities for sex offenders are minimal, even outside Indiana registered sex offender employment restrictions, as most employers partner with pre-employment background check companies to verify candidates.
Background check statistics show that employers are afraid to hire sex offenders because of the social stigma. This is especially true for small business owners, whose reputations can be damaged just by hiring one wrong employee. If people in the community find out a sex offender works at a business, they are most likely to avoid it and impose harsh judgments on those who hired the offender.
Modern-day employers also collaborate with social media background screening companies to gain more insight into the prospective candidates’ personalities, views, and behaviors. This means offenders must be very careful about how they present themselves on social platforms.
Indiana Sex Offender Travel Restrictions
Indiana sex offenders can travel statewide unless specific parole, probation, and supervised release requirements restrict them. They must report any change of residence, even if it’s for a short period, within 72 hours.
Regarding international travel, Indiana doesn’t follow the Sex Offender Registration and Notification Act (SORNA), which requires offenders to report out-of-state travel plans and itineraries at least 21 days before the intended travel date.
Sex offenders traveling to Indiana must adhere to strict procedures. The Indiana sex offender laws regarding out-of-state travelers demand that every offender visiting the Hoosier State registers if they stay for seven or more days within six months. Moreover, any amount of time spent in a single day within the state counts as a full day.
Indiana sex offender laws for visitors require them to register if they move to Indiana, work, volunteer, or attend school, whether full-time or part-time. In addition, a sex offender moving to Indiana and those who own properties in the state are also subject to Indiana sex offender registry laws. It’s a strategic restriction to prevent out-of-state offenders from buying properties in Indiana and an indirect way to keep sexual assault numbers under control.
Sex or violent offenders who visit Indiana to carry on a vocation or work for more than seven consecutive days or a total period of 14 days during a calendar year are required to report to the local law enforcement agency. Registration in multiple locations might be required for offenders who reside in one area and work or attend school in another. These offenders must register within 72 hours of arrival in each location.
Other Restrictions For Registered Sex Offenders in Indiana
Offenders on parole, probation, or supervised release might face additional restrictions defined in their parole, probation, or supervised release terms and conditions.
Penalties For Failing to Register on the Sexual Offenders List in Indiana
An Indiana registered sex offender who knowingly or intentionally fails to register on the sexual offender list in Indiana according to the registration requirements, provides incorrect information, or doesn’t reside at their registered location will be guilty of a Level 6 felony. In addition, data on incarcerated individuals shows that many registrants end up behind bars again due to failure to comply with these requirements.
Indiana Sex Offender Laws FAQs
What are the sex offender registration laws in Indiana?
Sex and violent offenders in Indiana must adhere to complex and strict registration laws. Depending on their crime, they have to report in person yearly or every 90 days for ten years or life. Every change in information must be reported within 72 hours or no longer than seven days, depending on the situation.
How long does someone have to register as a sex offender in Indiana?
Sexually violent offenders, offenders who have committed crimes against victims younger than 12, and registered sex offenders in Indiana who have used force or threatened to do so while committing sex crimes are required to register for life. In contrast, all other offenders must register for ten years.
What are the restrictions for sex offenders in Indiana?
Indiana sex offender restrictions include multiple work and residency restrictions, travel limits, harsh registration requirements, and social stigma.
Can a sex offender get off the registry in Indiana?
Since 2013, Indiana must notify offenders that they will be placed on the Indiana state sex offender registry. To appeal this decision, offenders have to meet one of these two conditions:
- there has been a change in Indiana sex offender laws and requirements that affects them;
- they haven’t received any updates for 30 days or longer on their request for removal, exclusion, or altering information on the registry.
If they meet one of these two conditions, they can challenge the court’s decision to register or request exclusion or change in information. This is only possible if they are innocent and can prove that the information on the registry is incorrect or shouldn’t have been used, or essential information hasn’t been considered in the court’s decision.
Can a sex offender go to a state park in Indiana?
Indiana sex offender laws regarding state parks restrict only child sex offenders from visiting them.
Where can sex offenders live in Indiana?
According to Indiana sex offender laws, unless they get a waiver, all offenders are prohibited from living within one mile of their victim’s residence. Child sex offenders must look for homes at least 1,000 feet away from schools (except post-secondary schools), public parks, daycare centers licensed under IC 12-17.2, and youth program centers. They also are not allowed in homes where a childcare provider provides childcare services.
