Indiana’s Sex and Violent Offender Registry and the Crimes that Require Registering

A Quick Look at Indiana’s Sex or Violent Offender Registry Requirements

 Most criminal cases bring some sort of self-shame to a defendant’s life. Whether it is the requirement to check “yes” on a background application question on criminal history or being unable to own or possess a firearm from a felony, etc. — we all know criminal convictions have a huge impact on peoples’ lives. Moreover, obviously, some crimes have larger effects than others. And, you don’t have to be an expert on criminal law to typically list the common criminal convictions in order of most life-changing to least.

Consequently, when it comes to all the crimes listed under Indiana statute, without reservation, sex-based crimes have one of the largest stigmas and lasting impacts on people’s lives — even beyond their possible imprisonment terms and heavy restrictions through Sex-based Probation. Why? Because of the requirement that defendants list their names on Indiana’s Sex or Violent Offender Registry.

As most people have seen, Indiana’s Sex or Violent Offender Registry is a database that is viewable to anyone and anybody with an internet connection and a morbid curiosity. On that registry, defendant’s booking photos are posted, where they live, what they are charged with, and how long the registry lasts. Being listed on this registry can cause consternation with neighbors, embarrassment, and restrictions on privacy — that’s why it’s incredibly important that anyone facing these charges hire an attorney that understands the laws, the ramifications, and can explain how the registry can impact a person’s life.

As a result of the huge effect sex registry can have on a person’s life, as criminal defense attorneys in Indiana, without hesitation, one of the most often questions we receive in any sex-based crime is, “if I’m convicted, how long will I have to register as a sex offender?” There are so many caveats and nuances of the law, it’s almost impossible to answer that question succinctly and quickly. As such, we found it necessary to take all the sex crimes in Indiana and place them in a chart so that defendants and other curious visitors to our website can visually see which charges in Indiana require a 10-year registry or a lifetime registration.

Below is a chart that breaks down all the crimes based on two categories: (1) Registration for 10 years or (2) Registration for Life.

 SEX OFFENDER REGISTRY CHART:

             As a general matter, if you are classified as a “sex or violent offender,” registration is required for 10 years. If classified as a “sexually violent predator” or in select other situations, registration is required for life.

A “Sex or Violent Offender” is a defendant convicted of one of the following crimes under I.C. 11-8-8-5(a):

  1. Rape,
  2. Child Molesting,
  3. Child Exploitation,
  4. Vicarious Sexual Gratification,
  5. Child Solicitation, Child Seduction,
  6. Sexual Misconduct with a Minor as a Class A, B, or 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),
  7. Incest,
  8. Sexual Battery,
  9. Kidnapping (if the victim is less than 18 and the person who kidnapped the victim is not a parent or guardian),
  10. Criminal Confinement (if the victim is less than 18 and the person who confined them was not a parent or guardian),
  11. Possession of Child Pornography,
  12. Promoting Prostitution,
  13. Promotion of Human Trafficking (if the victim is under 18),
  14. Sexual Trafficking of a Minor,
  15. Human Trafficking (if the victim is less than 18),
  16. Murder,
  17. Voluntary Manslaughter,
  18. Sexual Misconduct by a Service Provider, or
  19. Conspiracy to Commit any of those crimes.
Registration for 10 Years Registration for Life
A defendant charged with the following Sex or Violent Offenses, and is NOT a Sexually Violent Predator: The defendant is deemed a Sexually Violent Predator under I.C. 35-38-1-7.5
Rape (unless it meets the criteria of a Sexually Violent Predator) A defendant who is convicted of a Sex or Violent Offense under IC 11-8-8-5(a), and:

  1. The defendant was at least 18 years of age, and
  2. The victim was less than 12 years of age.
Child Molesting (less than a Level 1 or Level 3 Felony) A defendant who is convicted of a Sex or Violent Offense under IC 11-8-8-5(a), and:

  1. Serious bodily injury or death results therefrom,
  2. Force or threat of force against the victim or their family (unless Sexual Battery as a Level 6 Felony), or
  3. The victim was rendered unconscious or incapable of giving voluntary consent.
Child Exploitation A defendant is convicted of at least two (2) unrelated Sex or Violent Offenses under IC 11-8-8-5(a):
Vicarious Sexual Gratification (including performing sexual conduct in the presence of a minor), unless deemed a Sexually Violent Predator Child Molesting as a Level 1 or Level 3 Felony
Child Solicitation Vicarious Sexual Gratification under sections 35-42-4-5(a)(1)-(3), (b)(1) as a Level 4 or Level 5 Felony, (b)(2), or (b)(3) as a Level 2 or Level 3 Felony
Child Seduction Conspiracy to commit Rape, Child Molest as a Level 1 or Level 3 Felony, and/or Vicarious Sexual Gratification under sections 35-42-4-5(a)(1)-(3), (b)(1) as a Level 1 or Level 3 Felony, (b)(2), or (b)(3) as a Level 1 or Level 3 Felony
Sexual Misconduct with a Minor as a Level 1, Level 4, or Level 5 Felony [i] A crime under the laws of another jurisdiction which is substantially similar to a crime listed above
Incest Committing a second sex offense while having a previous unrelated adjudication as a delinquent child where the court found the person was likely to repeat or was required to register as a sex or violent offender
Sexual Battery If after a hearing, the court finds that the person suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense
Kidnapping[ii]
Criminal Confinement[iii]
Possession of Child Pornography
Promoting Prostitution as a Level 4 Felony
Promotion of Human Trafficking[iv]
Sexual Trafficking of a Minor
Human Trafficking[v]
Murder
Voluntary Manslaughter
Sexual Misconduct by a Service Provider with a Detained Child
Any attempt or conspiracy to commit a crime listed above
A crime under the laws of another jurisdiction which is substantially similar to a crime listed above
Anyone who is required to register as a sex or violent offender in another jurisdiction
A delinquent child committing an act above and who the court finds, by clear and convincing evidence, is likely to be a repeat offender


Therefore, if you or a loved one is currently facing any of the crimes above, it is essential that you hire an experienced sex crimes attorney who has the knowledge, skills, and litigation success that you need to get through this situation. Give us a call 24/7/365 at 317.870.0019 or email us at info@banksbrower.com. Let the veteran Indianapolis Criminal Defense Attorneys at Banks & Brower, LLC help you through all your legal needs.As anyone can see, the law is very specific as to what crimes constitute 10 year and lifetime registries. Some may argue that some of the crimes don’t belong on the list, 10 years is too harsh for the first offense, or the complete opposite. Regardless, this is the current breakdown of sex-based crimes in Indiana, and the ramifications are enormous.

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[i] Exception: the person is not more than 4 years older than the victim; sentencing court finds the person should not be required to register.

[ii] If the victim is less than 18 years of age and the person who confined or removed the victim is not the victim’s parent or guardian.
[iii] If the victim is less than 18 years of age and the person who confined or removed the victim is not the victim’s parent or guardian.
[iv] Unless the offense is sexual battery as a Level 6 Felony.
[v] If the victim is less than 18 years of age.
[vi] If the victim is less than 18 years of age.