A Quick Guide to Lifetime Sex Registry in Indiana
When you are facing a sex crime allegation, the stakes are incredibly high. Be it from a risk of significant time in jail, to high fines, to the sex registry, to the social stigma of the conviction, sex crimes are often thought of as the one of, if the not the most significant, charges you can face.
As such, without question, the sex registry is one of the most asked about ramifications from a sex-based conviction. Therefore, we, at Banks & Brower, field hundreds if not thousands of calls a year about this subject. This blog will address the sex registry, but more specifically, those crimes that require a lifetime registry — the longest registration period you can receive.
Here is a list of the ways you will have to register as a sex offender for life:
- SEXUALLY VIOLENT PREDATOR: If you are a sex or violent offender* (see below for list) AND also are labeled a “sexually violent predator,” defined as “a person who suffers from a mental abnormality or personality- disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2)(this determination must be made a judge at a hearing). Specifically, someone who:
- Is at least 18 years of age, commits an offense under:
- Rape (35-42-4-1)
- Child Molest (35-42-4-3) as a Class A or B Felony, or a Level 1, 2, 3, or 4 Felony
- Vicarious Sexual Gratification/Sexual Conduct in Presence of Minor
- (35-42-4-5(a)(1) & (2))
- (35-42-4-5(b)(1)) as a Class A or B Felony or Level 2, 3, or 4 Felony
- (35-42-4-5(b)(3)) as a Class A or B Felony or Level 2, 3, or 4 Felony
- Is at least 18 years of age, commits an offense under:
4. Conspiracy to commit any of the above
5. Any out of state jurisdiction conviction for a similar crime
6. Commits another sex offense under 11-8-8-5.2 while required to register for a previous conviction under IC 11-8-8
7. Commits another sex offense under 11-8-8-5.2 while having had a juvenile adjudication that would have been registerable as an adult
- 18 YEARS OLD, VICTIM LESS THAN 12: If you are a sex or violent offender* (see below for list) for a crime for which you were convicted that was committed when you were at least eighteen (18) and the victim was less than twelve (12) at the time of the crime
- SERIOUS INJURY, FORCE, UNCONSCIOUSNESS: If you are a sex or violent offender* (see below for list) for a crime for which you were convicted that:
- You proximately caused serious bodily injury or death to the victim
- You used force (or the threat of it) against the victim or their family (unless the offense is sexual battery or a Level 6 felony)
- You left the victim unconscious or was incapable of giving consent
- A PRIOR SEX CONVICTION: A sex or violent offender* (see below for list) who was convicted of at least two unrelated offenses under IC 11-8-8-4.5.
- SIMILAR CONVICTION IN ANOTHER STATE: A person can be required to register if they have a conviction in any other jurisdiction for which they had to register.
As anyone can see, there are very nuanced rules when it comes to sex-based convictions and their subsequent registration requirements. It is absolutely essential that you hire someone that has sex crimes experience. Give the experienced Indianapolis Sex Crimes Lawyers at Banks & Brower a call today. We are available 24/7/365. 317.870.0019 or email@example.com.
*Sex or Violent Offender Qualifying Crimes, IC 11-8-8-4.5 (normal 10 year registerable offenses unless mentioned above):
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (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 (IC 35-42-4-9) as a Class A, Class B, or Class 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), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014);
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be required to register as a sex offender.
(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, and the person who kidnapped the victim is not the victim’s parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).
(15) Promotion of human trafficking under IC 35-42-3.5-1(a)(2).
(16) Promotion of human trafficking of a minor under IC 35-42-3.5-1(b)(1)(B) or IC 35-42-3.5-1(b)(2).
(17) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
(18) Human trafficking under IC 35-42-3.5-1(d)(3) if the victim is less than eighteen (18) years of age.
(19) Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).
(20) An attempt or conspiracy to commit a crime listed in this subsection.
(21) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in this subsection.