Sex Offender Residency Restrictions
Most people know that when you are required to register as a sex offender that there are certain life restrictions that come along with it. The civil consequences can be overwhelming and cumbersome. What a lot of people don’t realize is that there are, at times and given the type of sex crime conviction they have, limitations on where they can live. Unfortunately, many people only discover this after they are convicted because the attorney on record fails to disclose it when going over the sex-based conditions. Sadly, by then, it is too late. So what are the restrictions and which convictions apply?
According to IC 35-42-4-11, anyone that is labeled an offender against children and/or a sexually violent predator according to IC 35-38-1-7.5 or has been convicted of one of the following offenses:
- Child Molest
- Child Exploitation
- Child Solicitation
- Child Seduction
- Kidnapping if the victim is less than eighteen (18) years of age and the person is not the child’s parent or guardian,
- Attempt to commit or conspiracy to commit any offense listed in 1-5 above
- An offense in any other jurisdiction similar in nature to 1-6 above.
If you qualify under the conditions above, the restrictions discussed below apply to you. A common question a lot of people ask is what does it mean to “reside” somewhere. Surprisingly for most people, “reside” is defined as any location you spend more than three nights in consecutively, within a 30-day window. Therefore, motels/hotels/short stay residencies all fall under this rule. This also applies to places you go to on vacation if you are staying at the same location for three days or more in a row.
Nevertheless, if you fall into the rules above, you are restricted from living within 1,000 feet (as the crow flies from the closest point of your property line to the nearest point of the property line) of:
- A school property (non-secondary)
- A youth program
- A public park, or
- Establish a residency within one mile of the victim of your offense.
If you violate any of these conditions, you can be charged with a Level 6 felony, which is punishable by up to 2.5 years in jail! As such, it is essential that you understand where you can and cannot live. Ignorance of the law is not a defense in Indiana, so you cannot avoid prosecution by saying you didn’t realize that was the law.
Should you or a loved one be facing a sex offense, this is but one example (of many) that can impact your every day life. It is essential that you hire a trusted, respected, and experienced Indianapolis Sex Crimes Attorney to assist you through the emotional process. You can reach us 24/7/365 at email@example.com or by calling 317.870.0019.