CRIMINAL LAWAND PROCEDURE
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a sex offense if committed by an adult)
against any other person.
35-42-4-10. Unlawful employment near
children by a sexual predator.
(a) As used in this section, “offender against
children” means a person who is an offender
against children under IC 35-42-4-11.
(b) As used in this section, “sexually violent
predator” means a person who is a sexually vio-
lent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender
against children who knowingly or intentionally
works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by
a sexual predator, a Level 6 felony. However, the
offense is a Level 5 felony if the person has a prior
unrelated conviction based on the person’s failure
to comply with any requirement imposed on an
offender under IC 11-8-8.
35-42-4-11. Sex offender registry offense.
(a) As used in this section, and except as pro-
vided in subsection (d), “offender against children”
means a person required to register as a sex or vio-
lent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator
under IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the
following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-
4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the
victim is less than eighteen (18) years
of age, and the person is not the child’s
parent or guardian.
(F)Attempt to commit or conspiracy to
commit an offense listed in clauses
(A) through (E).
(G) An offense in another jurisdiction
that is substantially similar to an
offense described in clauses (A)
through (F).
A person is an offender against children by oper-
ation of law if the person meets the conditions
described in subdivision (1) or (2) at any time.
(b) As used in this section, “reside” means to
spend more than three (3) nights in:
(1) a residence; or
(2) if the person does not reside in a resi-
dence, a particular location;
in any thirty (30) day period.
(c) An offender against children who know-
ingly or intentionally:
(1) resides within one thousand (1,000)
feet of:
(A) school property, not including
property of an institution providing
post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1)
mile of the residence of the victim of the
offender’s sex offense;
commits a sex offender residency offense, a Level
6 felony.
(d) This subsection does not apply to an
offender against children who has two (2) or more
unrelated convictions for an offense described in
subsection (a). A person who is an offender
against children may petition the court to consider
whether the person should no longer be considered
an offender against children. The person may
file a petition under this subsection not earlier
than ten (10) years after the person is released from
incarceration or parole, whichever occurs last (or,
if the person is not incarcerated, not earlier than
ten (10) years after the person is released from pro-
bation). A person may file a petition under this
subsection not more than one (1) time per year. A
court may dismiss a petition filed under this sub-
section or conduct a hearing to determine if the
person should no longer be considered an offender
against children. If the court conducts a hearing,
the court shall appoint two (2) psychologists or
psychiatrists who have expertise in criminal behav-
ioral disorders to evaluate the person and testify
at the hearing. After conducting the hearing and
considering the testimony of the two (2) psy-
chologists or psychiatrists, the court shall deter-
mine whether the person should no longer be
considered an offender against children. If a court
finds that the person should no longer be consid-
