Offenses that Qualify as Sexually Violent Predator, In Indiana

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Posted in On April 22, 2019
I.C. Code Offense Special Circumstances
35-4—4-1 Rape None
35-42-4-3 Child Molest Must be a Class A or B felony(under old law) or level 1, 2, 3 or 4 felony under the current law.
35-42-4-5 Vicarious Sexual Gratification, Fondling in Presence of Minor This statute includes causing or directing a minor to fondle their own person, encouraging or causing a minor under 16 to have intercourse with another minor under 16, or an adult fondling themselves in front of a minor under age of 14
35-38-1-7.5 Prior Sex Crime Conviction Commits a sex offense while having a prior conviction for a sex offense.  This basically includes any prior registerable sex offense even if the offense was committed as a juvenile
35-38-1-7.5 Exclusion of crimes Several of the crimes are excluded if the victim was above the age of 12, the victim and defendant are within 4 years of age of each other, the person has not ever committed a prior sex offense, the person did not have a position of authority over the victim, and the Court finds they should not be a sexually violent predator.  However, if the offense was rape, criminal deviate conduct, an offense using or threatening the use of deadly force or with a deadly weapon, results in serious bodily injury, uses a controlled substance, then they are a sexually violent predator as a matter of law, regardless of the circumstances outlined above.