Indiana Sex Offender Records
What is a Sex Offender?
A sex offender is any person who has committed and been convicted of a sex crime. Generally, each legal jurisdiction has different offenses that constitute sex crimes, including statutory rape, rape, child sexual abuse, and so on. Regardless of the jurisdiction, sex offenses are serious and attract severe consequences under state and federal laws.
Apart from the legal consequences, a sex offender is seen as a threat to society. The stigma affects the offender’s personal life, career, and relationships. In Indiana, for example, when the state courts convict individuals of being sex offenders, such persons are subject to the Indiana Sex and Violent Offender Registry. The registry was established pursuant to Zachary’s Law in 2003. The aim is to inform the public about a sex offender, including the convict’s identity, location, and some other details that distinguish the individual.
Who is Considered a Sex Offender in Indiana?
A person is considered a sex offender in Indiana if guilty of at least one of the sexual offenses highlighted in Indiana Code Article 11-8-8-4.5. In Indiana, anyone convicted of any of the below offenses is a sex offender:
- Child molesting
- Child exploitation
- Vicarious sexual gratification (This includes performing sexual conduct in the presence of a minor.)
- Child solicitation
- Child seduction
- Sexual misconduct with a minor
- Sexual battery
- Kidnapping of a child less than 18 by someone who is not a parent or guardian
- Criminal confinement of a child younger than 18 years of age by a non-parent or guardian
- Possession of child pornography
- Promoting prostitution
- Promoting human sexual trafficking
- Promoting child sex trafficking
- Promoting sexual trafficking of a younger child
- Child sexual trafficking
- Human trafficking of a child younger than 18 years of age
- Sexual misconduct by a service provider with a supervised child
In addition, Indiana law describes a sex offender as a person required to register as a sex offender in any jurisdiction. Also, a child who is at least 14 years of age and is on parole, probation, or discharged from an Indiana Department of Correction (IDOC) facility for a sex crime, or because the court found the individual likely to repeat a sex crime, is a sex offender.
Furthermore, anyone convicted of a prior unrelated sex offense by the court is considered a repeat sexual offender. According to Indiana Code 35-50-2-14, such a person will face an additional sentence of not more than one year to the advisory sentence of the underlying offense.
What are the Different Types of Sex Offenses in Indiana?
There are different sex offenses in Indiana, and being convicted of any of them can result in a prison term, probation, registration as a sex offender, and other legal punishments. Some offenses that constitute sex crimes in Indiana are as follows:
Rape: Indiana Code 35-42-4-1 defines rape as the intentional act of having sexual intercourse with another person or intentionally causing another person to perform or submit to other sexual behaviors in the following ways:
- The other party submits through force or threat of force.
- The other person is unaware of the sexual intercourse or sexual conduct.
- The other person is mentally disabled or deficient and is incapable of consenting to sexual intercourse or other sexual conduct.
Anyone guilty of any of the above offenses in Indiana has committed a Level 3 felony. The penalty is a minimum prison term of 3 years and a maximum of 16 years. In addition, Level 3 felonies in Indiana are punishable by a fine of up to $10,000.
Furthermore, anyone who commits the above crimes while using or threatening deadly force or armed with a deadly weapon is guilty of a Level 1 felony in Indiana. Other offenses that are considered Level 1 felonies include:
- Rape of a person by force
- Rape when the victim is unaware or disabled, where it results in serious bodily harm to a person other than the defendant
- Rape by drugging the victim or while knowing the victim has been drugged
The minimum sentence for a Level 1 felony in Indiana is 20 years.
Child molesting: Indiana Code 35-42-4-3 describes child molesting as:
- The act of having sexual intercourse or other sexual conduct with a child under 14 years of age. Anyone convicted of this offense is guilty of a Level 3 felony. This crime can become a Level 1 felony if:
- Committed by a person of at least 21 years of age.
- Committed by the use or threatened use of deadly force or while armed with a deadly weapon.
- It resulted in severe bodily injury.
- Committed by drugging the victim without the person’s knowledge or knowing that the victim was furnished with drugs or other controlled substances without the victim’s knowledge.
- It resulted in the transmission of a serious sexually transmitted disease, and the offender knew that they had the disease.In Indiana, a Level 3 felony is punishable by a minimum prison term of 3 years, while a Level 1 felony attracts a minimum of 20 years in prison.
- Performing or submitting to any fondling or touching of oneself or a child under 14 years old to arouse or satisfy the sexual desires of the child or oneself. This offense is a Level 4 felony in Indiana. However, the crime becomes a Level 2 felony if:
- It was committed with the use of deadly force or by threatening the use of deadly force.
- It was committed while the offender was armed with a deadly weapon.
- It occurred while the victim was drugged or under the influence of other controlled substances without their knowledge, or while the offender was aware that the victim was furnished with drugs or other controlled substances without the victim’s knowledge.In Indiana, the minimum sentence for a Level 4 felony is 2 years, while the minimum for a Level 2 felony is 10 years.
- A person may also be convicted of attempted child molesting of a child under 14 years of age if the person believed the child was under 14 years old when the offender attempted to commit the crime. It is a defense if the accused reasonably believed that the child was 16 years old or older, except when:
- The offense resulted in serious bodily harm.
- The offense was committed with the use of or by threatening deadly force or while armed with a deadly weapon.
- The victim was drugged and did not know when the offense was committed, or the offender was aware that the victim was furnished with drugs or other controlled substances without their knowledge.
Other sex offenses under the Indiana Code include:
- Child exploitation
- Vicarious sexual gratification
- Child solicitation
- Child seduction
- Sexual battery
- Sexual misconduct with a minor
- Unlawful employment by a sexual predator
- Sex offender internet offense
- Sex offender unmanned aerial vehicle offense
- Inappropriate communication with a child
- The unlawful entry of school property by a serious sex offender
What Types of Sex Offenders Exist in Indiana
The Indiana Code does not have tiers or classes for sex offenders convicted in the state. Instead of a tier-based classification for sex offenders, the state categorizes sex offenders into two types:
10-year registrants: All sexual or violent offenders in Indiana must register for a minimum of 10 years. During this period, the offenders must report to their local law enforcement yearly to verify their registration information.
Lifetime registrants: Lifetime registrants in Indiana are the sex offenders who will have their names registered on the Sex Offender Registry for life. Indiana requires lifetime registration under three circumstances:
- If the convicted individual is a sexually violent predator. Indiana Code 35-38-1-7.5 defines a sexually violent predator as any person who has a personality disorder or mental abnormality that makes them likely to repeatedly commit sex offenses. Also, the term refers to anyone who is convicted and identified as a sexually violent predator in another jurisdiction. Notably, a person may only be tagged a sexually violent predator by the court.
- If the offender committed a registerable offense and the victim was less than 12 years of age while the predator was at least 18.
- If the offender caused serious bodily harm during the sexual offense, used force or the threat of force against the victim or a family member, or made the victim unconscious or incapable of giving consent.
In Indiana, lifetime sex offenders registrants must present themselves at their local enforcement every 90 days to verify their registration information.
How to Find a Sex Offender Near Me in Indiana
Anyone can find a sex offender around them in Indiana by searching the Indiana Sex and Violent Offender Registry.
Also, since January 1, 2003, the Indiana sheriffs have been keeping records of individuals who registered as sexual or violent offenders, as a requirement of Zachary’s Law. However, in Marion County, this information is maintained by the Indianapolis Metropolitan Police Department. Interested persons can contact these police departments for sex offender information. The contact information and addresses of the local sheriffs can be obtained from the Indiana Sheriffs’ Association site.
Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
Indiana Sex Offender Registry
Per Zachary’s Law, sheriff departments in Indiana are required to jointly establish the Indiana Sex and Violent Offender Registry, which became effective in January 2003. The registry has information on all registered sex or violent offenders in the state. Hence, interested members of the public may obtain information on sex offenders who live, work, or school in their environments. The Sex and Violent Offender Registry can reveal the identity, location, and general appearance of sexual or violent offenders.
Previously, the Indiana Criminal Justice Institute was in charge of supervising sex or violent offender registration in the state. However, the Indiana Department of Correction took over the responsibility on July 1, 2006.
With the registry, Indiana residents can search for offenders in their areas using different search criteria:
- Name: Here, whoever is searching must input the offender’s first or last name or any aliases. All matches will be displayed in the results.
- City: This allows a resident to find published offenders by their city of residence.
- Non-compliant: This search feature is used to find non-compliant offenders.
- Internet names/email addresses: When searching for an offender by an internet name or email address, only exact matches will be provided.
- Phone number: This allows a resident to find registered offenders by their phone numbers.
Members of the public may also register for email alerts to notify them when an offender establishes residence in their county or within a mile of their address.
Anyone can access the Indiana Sex and Violent Offender Registry. However, everyone who obtains information from the site is warned against using it to harass sex offenders or their family members.
What Happens When You Register as a Sex Offender in Indiana?
Typically, anyone who has been convicted of a sex offense in Indiana must register as a sex offender in the state. Per Indiana Code 11-8-8-8, the required registration information includes:
- The offender’s full name (including aliases and former names)
- Recent photograph
- Date of birth
- Hair color
- Eye color
- Scars, marks, and tattoos (if any)
- Social security number
- Driver’s license number or state ID card number
- Vehicle description
- Vehicle identification number
- Principal residential address
- Other addresses where the offender spends over seven nights in a 14-day period
- Mailing address (if different from the principal residential address)
- The offense, including the date and county of conviction, etc.
If the registrant moves to a new address, they must inform their registering law enforcement agency.
Anyone sex offender who fails or refuses to register or violates the Indiana Sex Offender Registration Act (Indiana Code 11-8-8-1, et seq.) is guilty of a Level 6 felony. It is a Level 5 felony if the individual has a prior unrelated conviction.
After registering as a sex offender in Indiana, a person is exempted from having a private life, as most personal information provided during registration becomes available to members of the public via the Sex and Violent Offender Registry.
Regardless of the crime that led to registration as a sex offender in Indiana, people generally see sex offenders as threats to public safety. As such, the stigma lives with the offender forever, even if they never commit a crime again. Furthermore, the offender’s lifestyle will be affected, and getting employment or housing may become difficult. For one, the offender cannot live within a mile of a victim unless a waiver is granted.
Upon registration as a sex offender in Indiana, registrants must update their information occasionally: 10-year registrants must do this annually in person at their local law enforcement agencies, while lifetime registrants must visit their registering agencies every 90 days.
What is the Indiana Sex Offender Registry?
The Indiana sex and violent offender registry is a periodically updated database of known sex offenders and sexually violent predators residing within the state. The registry contains information such as the name, address, city, description, and zip code of known offenders in the state. The registry seeks to inform citizens about the identity, location, and appearance of sex and violent offenders who reside, work, or study in Indiana. Anyone found guilty of a sex crime while living, schooling, or working in Indiana must register with the sheriff’s office or local police department, according to the Indiana Sex Offender Registration Act. Depending on the level of the sex offense, registration may last either for ten years or for life.
Who Can View the Indiana Sex Offender Registry?
The Indiana sex and violent offender registry is available to the general public. Anyone can access the Indiana Sex Offender Registry to locate sex or violent offenders residing in their neighborhood. The registry was created to raise community safety, awareness and promote access to sex offender information for public protection. However, the registry’s information should not be used to harass or threaten sex offenders or their families. Every form of intimidation, stalking, or threat will amount to a violation of Indiana law.
The local law enforcement agency that registers a sex offender is required to publish the information of the sex offender on the Indiana sex and violent offender registry website under IC 36-2-13-5.5. It should be stated that while efforts are made to ensure the accuracy of the information, not all information in the registry is accurate. This is because although the majority of the information is from official records of the state, some information is gotten from the sex offenders themselves. This information required from them by law regarding where they live, work, attend school, or own property may be incomplete or false.
What are the Sex Offender Laws in Indiana?
In 1994, Indiana passed its first sex offender law, called Zachary’s Law statute 5-2-12. It was in honor of Zachary Snider, a ten-year-old boy who was molested and murdered by a neighbor that had been convicted of child molesting previously. The law required convicted sex offenders to register with the local law enforcement authority in their county of residence. In 2006, this law was replaced by the Indiana statute IC 11-8-8. This statute spells out the duties of law enforcement agencies and convicted sex offenders in the state. It also provides the various types of sex offenders in the state, persons required to register, time limits, registration guidelines and standards, and registration violations and penalties.
How Long Do Sex Offenders Have to Register in Indiana?
IC 11-8-8-7(a) prescribes who is to register as a sex offender and how long they are to register. It provides that the following persons must register:
- A sex or violent offender that lives in Indiana
- A sex or violent offender that works or intends to work for a period of time in Indiana
- A sex or violent offender that is enrolled or plans to be enrolled in any educational institution in Indiana
A juvenile may be required to register as a sex offender. This is where the juvenile was at least 14 years old at the time of the offense, has been released from confinement in a juvenile facility or other state institution, and is likely to repeat a sex offense if committed by an adult.
Generally, the initial registration of sex offenders is to be done within seven days. Sexually violent predators are required to register within three days. Offenders that work, volunteer, attend school, or own real estate in a county different from where they reside are to register in person in each county within three days of arriving in the county or counties. The registration period begins when the offender is released from prison or is placed on parole or probation, whichever happens last.
A sex or violent offender that moves or changes employment must update their address within seven days. For sexually violent predators, they must update the new address within three days of the change. IC 11-8-8-12 provides that transients, “temporary residents” in transitional housing, or homeless sex offenders must register every seven days.
IC 11-8-8-8 provides the information required for registration to include the offender’s full name, alias, previous name, date of birth, sex, race, weight, height, and other personal details for identification purposes. An offender must also provide a Social Security number, driver’s license number or state identification card number, description, plate number, and identification number, principal address, mailing address, and any other address where the offender spends more than seven nights in a 14-day period. In addition, a description of the sex offense committed, the date of conviction, county of conviction, cause number of the conviction, and any sentence imposed (if applicable).
An offender may be required to register for ten years or for life. This is dependent on the level of sex offense committed. Sex offenses that require a ten-year registration include:
- Rape (unless the offender is labeled sexually violent)
- Sexual Battery
- Child Molesting
- Child Solicitation
- Possession of Child Pornography
Offenders that are required to register for life are usually called sexually violent predators. The sex offenses that require the offender to register for life include:
- Where an adult commits a sex crime and the victim is under 12 years old
- Where in the commission of a sex crime, the offender causes serious bodily injury or death
- Where the victim was unconscious or not capable of providing consent to sexual conduct
- Where an offender is convicted for two sex crimes related to a single incident
- Where the offender has prior sex crimes conviction, one of which requires the offender to register
- Where the offender is convicted in another state for a sex
- Where the offender was convicted in another state for a sex offense that requires lifetime registration
Sexually violent predators are required to update the sheriff’s department every 90 days under IC 11-8-8-13. In line with IC 11-8-8-14, all other types of sex offenders must update the sheriff’s department on an annual basis.
Can a Sex Offender Live With Their Family in Indiana?
Sex offenders in Indiana can live with their family members. They, however, may be required to disclose to their roommates or family members residing with them that they are sex offenders. Also, in certain cases, where a sex offender is under parole supervision for life, a sex offender may be restricted from living with a family member.
Do Sex Offenders Have to Notify Neighbors in Indiana?
Sex offenders residing, schooling, or working in Indiana are not required to notify their neighbors of their crimes or sex offender status. However, most times, sex offenders may be required to disclose to their roommates or family members residing with them that they are sex offenders. Generally, sex offenders are mandated by law to register with the law enforcement authority in their county of residence. They are also to notify the law enforcement authority of the county where they move to a new address. This notification must be in person.
Since sex offender information is made available to the public online, residents are advised to visit the registry to find sex offenders residing in their area. They can carry out searches by using the various functions and filters of the registry. They can also sign up for notification emails for when a sex offender relocates to their neighborhood.
Do Sex Offenders Have to Put Up a Sign in Their Yard in Indiana?
Indiana sex offenders do not need to put up a sign in their yard. They may, however, be required to wear GPS trackers or monitoring devices in certain circumstances. In those instances, sex offenders will be supervised, providing 24-hour information on the offender’s location and notifying the appropriate officials of any violation. The monitoring device is ordered to home detention, and the appropriate officials are notified within an hour of violation of terms.
How Close Can a Sex Offender Live to a School in Indiana?
Generally, Indiana sex offender law does not prohibit registered sex offenders from attending picnics where children are present, going to schools or living near bus stops, or having contact with children. However, there are restrictions for sexually violent predators and offenders against children. These offenders are prohibited by IC 35-42-4-11 from residing within 1,000 feet of school property, youth program center, public park, or a daycare center licensed under IC 12-17.2. They also cannot establish a residence within one mile of the residence of the victim of their sex offense. In addition, they cannot work for pay or volunteer on school property, at a youth program center, or at a public park.
Apart from the above, by IC 11-13-3-4(g)(2)(B), sex offenders on parole or probation may be prohibited from residing within 1,000 feet of school property (as defined in IC 35-31.5-2-285) for the period of their parole or probation. They can only reside within 1,000 feet of the school property, where they obtain the written approval from the parole board.
How to Look Up Sex Offenders in Indiana?
The Indiana Sex and Violent Offender Registry was established by the Indiana Sheriff’s Department. The registry is maintained by the Indiana Department of Correction and made accessible to the general public online. Residents can search for sex offender information on a statewide basis or at the county level. Statewide searches can be done by area, sex offender name, city, non-compliant offenders, internet names/email, or phone number. Users can obtain the list of all published offenders in the state. Users can also register to receive email notifications when a published offender registers within the selected radius of the user’s desired addresses.
County residents can also conduct county-based searches to locate registered offenders residing in any neighborhood of the county by providing a name or a local address. The search result lists all registered sex offenders living within a one-mile radius of the provided address.
Sex offender information is also available at the various local library and county clerk offices. Interested persons can also contact the Indiana Department of Correction by calling (317) 232-1232 or the Indiana Sheriffs’ Association by calling (800) 622-4779 or (317) 356-3633 to obtain sex offender information.
Can You Expunge a Sex Offender Charge in Indiana?
Indiana makes provisions for non-incarcerated registrants to appeal their inclusion in the state’s sex and violent offender registry to have it removed from the list. Since 2013, law enforcement authorities in Indiana were obligated to notify individuals before including their names in the sex and violent offender registry. Upon receiving the notification, the individual has the right to appeal the decision as long as the conditions required are met. In compliance with the Registration Appeal Procedure in Indiana for Non-Incarcerated Registrants, an individual can appeal the decision on one of the following grounds:
- Incorrect inclusion of the individual’s name, implying the individual’s innocence
- The decision was based on incorrect public information that needs to be changed
- The decision was derived from public information that should not have been accessed
- The decision was made by overlooking certain public information that should have been referred to when the decision was made
The non-incarcerated registrant whose name has to be included in the registry must submit a written document to the local law enforcement authority. The document is to state that the decision is incorrect or wrong under any of the above grounds.
Is Public Urination a Sex Offense in Indiana?
Public urination is not a sex offense in Indiana. It is, however, an offense to urinate in public because it falls under the definition of “nudity” under IC 35-45-4-1(d). It amounts to a Class C misdemeanor. Where the offender had the intent to be seen by another person, it is a Class B misdemeanor. It is a Class A misdemeanor where the offender does it in a school ground or public park. In that situation, if the offender has a prior unrelated conviction, the offense is a Level 6 felony.
What is Indecent Exposure in Indiana?
Acts that amount to indecent exposure are acts considered to fall under “public indecency” but done in a private place, although with the intent to be seen by the public. According to IC 35-45-4-1(e), a person commits indecent exposure where the person, in a place other than a public place and with the intent to be seen by persons other than invitees and occupants of that place does any of the following:
- Engages in sexual intercourse
- Engages in deviate sexual conduct
- Fondles genitals or the genitals of another person, or
- Appears in a state of nudity.
Indecent exposure is a Class C misdemeanor punishable by up to 60 days in jail and a fine of up to $500.
How to Report a Sex Offender in Indiana?
A resident of Indiana can report a sex offender where it is believed that a child may be at risk from the sex offender. Also, a resident may report a sex offender where it is noticed that the sex offender registered wrong information or failed to register. To make reports, residents can contact the Indiana Department of Correction Sex and Violent Offender Registry at:
Indiana Department of Correction
Attn: Indiana Sex and Violent Offender Registry
302 West Washington Street
Indiana Government Center South, E329
Indianapolis, IN 46204-2038
Phone: (317) 232-1232
Fax: (317) 234-1953
They can also contact the Indiana Sheriffs’ Association at:
Indiana Sheriffs’ Association
7124 East County Road 150 S
Avon, IN 46123
Phone: (317) 356-3633
A sex offender commits a level 6 felony where the offender knowingly or intentionally:
- Fails to register;
- Fails to register in the locations where the offender is required to register;
- Makes a material omission or misstatement while registering as a sex or violent offender;
- Fails to register in person as required under IC 11-8-8;
- Does not reside at the address registered by the offender.