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Legislation Megan's Law by State

Megan’s Law for Indiana

updated 10/1/13

Contact Person:

Indiana Sheriffs’ Association
7215 E. 21st St., #E
(317) 356-3633 (phone)

Indiana Department of Correction
302 W. Washington St., E334
Indianapolis, IN 46204
(317) 232-1232 (phone)
(317) 234-1953 (fax)

Offenders Required to Register:

A sex or violent offender means a person described in one or more of the following categories:

Adults or Juveniles Convicted as Adults

  1. Rape (IC 35-42-4-1).
  2. Criminal deviate conduct (IC 35-42-4-2).
  3. Child molesting (IC 35-42-4-3).
  4. Child exploitation (IC 35-42-4-4(b)).
  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 as a Class A, Class B, or Class C felony (IC 35-42-4-9) unless:
    1. The person is convicted of sexual misconduct with a minor as a Class C felony; and
    2. The person is not more than four (4) years older than the victim if the offense was committed after June 30, 2007; and
    3. The sentencing court finds that the person should not be required to register as a sex or violent 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(c)).
  14. Promoting prostitution (IC 35-45-4-4) as a Class B felony.
  15. Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
  16. Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
  17. Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less than eighteen (18) years of age.
  18. Murder (IC 35-42-1-1).
  19. Sexual misconduct by a service provider with a detained child (IC 35-44.1-3-10(c)).
  20. Voluntary manslaughter (IC 35-42-1-3).
  21. An attempt or conspiracy to commit a crime listed in subdivisions (1) through (20).

Adjudicated Delinquents

The term sex or violent offender includes a child who has committed a delinquent act and who:

  1. is at least fourteen (14) years of age;
  2. is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in “Adults or Juveniles Convicted as Adults” if committed by an adult; and
  3. is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in “Adults or Juveniles Convicted as Adults”.

Out-of-State Offenders

The term sex or violent offenders includes offenders who are required to register as a sex or violent offender in any jurisdiction or offenders that have committed a crime under the laws of another jurisdiction, including a military court that is substantially equivalent to any of the offenses listed under “Adults or Juveniles Convicted as Adults”.

The following sex and violent offenders are required to register with the sheriff’s department in the county where the offender intends to live, work, study, or own real property.

  • A sex and violent offender who spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a 180 day period or an offender who owns real property in Indiana and returns to Indiana at any time,
  • A sex and violent offender who works or carries on a vocation or intends to work or carry on a vocation in Indiana either full-time or part-time exceeding seven (7) consecutive days or for more than fourteen (14) days during any calendar year,
  • A sex and violent offender who is enrolled or intends to be enrolled on a full-time or part-time basis in any public or private educational institution in Indiana.
Information Collected:

The registration required under IC 11-8-8 must include the following information:

  1. The sex or violent offender’s full name, alias, any name by which the sex or violent offender was previously known, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, driver’s license number or state identification card number, vehicle description and vehicle plate number for any vehicle the sex or violent offender owns or operates on a regular basis, principal residence address, other address where the sex or violent offender spends more than seven (7) nights in a fourteen (14) day period, and mailing address, if different from the sex or violent offender’s principal residence address.
  2. A description of the offense for which the sex or violent offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.
  3. The name and address of each of the sex or violent offender’s employers in Indiana and the name and address of each campus or location where the sex or violent offender is enrolled in school.
  4. A recent photograph of the sex or violent offender.
  5. Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex or violent offender uses or intends to use.
  6. Any other information required by the department.

If the information described this subsection changes, the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender’s principal address not later than seventy-two (72) hours after the change and submit the new information to the local law enforcement authority. Upon request of the local law enforcement authority, the sex or violent offender shall permit a new photograph of the sex or violent offender to be made.

If a sex or violent offender who is on probation, parole, or under court supervision registers any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex or violent offender uses or intends to use, the offender authorizes the:

  1. search of the sex or violent offender’s personal computer or device with Internet capability, at any time; and
  2. installation on the sex or violent offender’s personal computer or device with Internet capability, at the sex or violent offender’s expense, of hardware or software to monitor the sex or violent offender’s Internet usage.
Administrating Agency:

Offenders are required to register with the sheriffs’; department in each county where they intend to live, work, or attend school.  The Indiana Sex and Violent Offender Registry is maintained by the Indiana Department of Correction.

Indiana Sheriffs’ Association
7215 E. 21st St., #E
(317) 356-3633 (phone)
www.insor.org

Indiana Department of Correction
302 W. Washington St., E334
Indianapolis, IN 46204
(317) 232-1232 (phone)
(317) 234-1953 (fax)

Timeframe for Registration:

Sexually Violent Predators

Sex or violent offenders that have been released from the Indiana Department of Correction, sentenced directly to community supervision (e.g., probation, community corrections, etc.), or have relocated from another jurisdiction and are identified as sexually violent predators will report in person and register with the local law enforcement authority in the counties where he/she intends to live or owns real property within 72 hours of arrival.  If an offender identified as sexually violent predator plans to work or attend school, he/she must register in person with the appropriate local law enforcement authorities within 72 hours of arrival in these locations as well. 

A sexually violent predator shall (1) report in person to the local law enforcement authority, (2) register, and (3) be photographed by the local law enforcement authority in each location where the offender is required to register every 90 days.  If an offender works or attends school, the offender shall provide documentation to the local law enforcement authority providing evidence that the offender is working or attending school at the registered location.

Sex or Violent Offenders (Non Sexually Violent Predators)

Sex or violent offenders that have been released from the Indiana Department of Correction, sentenced directly to community supervision (e.g., probation, community corrections, etc.), or have relocated from another jurisdiction and are not identified as sexually violent predators will report in person and register with the local law enforcement authority in the counties where he/she intends to live or owns real property within 7 days of arrival.  If an offender not identified as sexually violent predator plans to work or attend school, he/she must register in person with the appropriate local law enforcement authority within 72 hours of arrival in these locations as well. 

An offender not identified as a sexually violent predator shall (1) report in person to the local law enforcement authority, (2) register; and (3) be photographed by the local law enforcement authority in each location where the offender is required to register at least once annually.  If an offender works or attends school, the offender shall provide documentation to the local law enforcement authority providing evidence that the offender is working or attending school at the registered location.

All Registerable Offenders

If a sex or violent offender (regardless if the offender is a predator or not) moves his/her principal residence, where real property is owned, work address, or school attended while registered with a local law enforcement authority, the offender is required to register these changes with the local law enforcement authority he/she is currently registered with not more than 72 hours after the change.  After changing principal residence, where real property is owned, work address, or school attended, the offender must register in person within 72 hours with the local law enforcement authority in the new counties in which he/she is required to register.  If an offender works or attends school, the offender shall provide documentation to the local law enforcement authority providing evidence that the offender is working or attending school at the registered location.

If a sex or violent offender who is required to register under IC 11-8-8 changes or obtains a new electronic mail address, instant messaging username, electronic chat room username, or social networking web site username, the sex or violent offender shall report in person to the local law enforcement authority having jurisdiction over the sex or violent offender’s current principal address or location and shall provide the local law enforcement authority with the new address or username not more than seventy-two (72) hours after the change or creation of the address or username.

Applies to Out of State Offenders: Yes.
Duration of Requirement:

As a part of the Registration required under IC 11-8-8, sex or violent offenders are required to register for life if they have been:

  • identified as sexually violent predators;
  • convicted of at least 1 offense that the sex or violent offender committed when he/she was at least 18 years of age and against a victim who was less than 12 years of age at the time of the crime; or
  • committed an offense that proximately caused serious bodily injury or death to the victim, used force or the threat of force against the victim or a member of the victim’s family, or rendered the victim unconscious or otherwise incapable of giving voluntary consent
  • convicted of at least two (2) unrelated offenses under IC 11-8-8.

All other offenders are required to register until the expiration of 10 years after the date the sex or violent offender:

  1. is released from a penal facility (as defined in IC 35-41-1-21) or a secure juvenile detention facility of a state or another jurisdiction;
  2. is placed in a community transition program;
  3. is placed in a community corrections program;
  4. is placed on parole; or
  5. is placed on probation;

for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated.

A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.

Verification of Address:

To verify a sex or violent offender’s current residence, the local law enforcement authority having jurisdiction over the area of the sex or violent offender’s current principal address or location shall do the following:

Sexually Violent Predators

Contact each offender in a manner approved or prescribed by the department at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section IC 11-8-8-11 or IC 11-8-8-20 or the date the sex or violent offender is:

  1. released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
  2. placed in a community transition program;
  3. placed in a community corrections program;
  4. placed on parole; or
  5. placed on probation;

whichever occurs first.

Personally visit each sex or violent offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under IC 11-8-8-7 or the date the sex or violent offender is:

  1. released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
  2. placed in a community transition program;
  3. placed in a community corrections program;
  4. placed on parole; or
  5. placed on probation;

whichever occurs first.

Sex and Violent Offenders (Non Sexually Violent Predators)

Contact each offender in a manner approved or prescribed by the department at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section IC 11-8-8-11 or IC 11-8-8-20 or the date the sex or violent offender is:

  1. released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
  2. placed in a community transition program;
  3. placed in a community corrections program;
  4. placed on parole; or
  5. placed on probation;

whichever occurs first.

Personally visit each sex or violent offender in the county at the sex or violent offender’s listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under IC 11-8-8-7 or the date the sex or violent offender is:

  1. released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
  2. placed in a community transition program;
  3. placed in a community corrections program;
  4. placed on parole; or
  5. placed on probation;

whichever occurs first.

Penalties for Non-Compliance:

A sex or violent offender who knowingly or intentionally:

  1. fails to register when required to register under this chapter;
  2. fails to register in every location where the sex or violent offender is required to register under this chapter;
  3. makes a material misstatement or omission while registering as a sex or violent offender under this chapter;
  4. fails to register in person as required under this chapter; or
  5. does not reside at the sex or violent offender’s registered address or location;

commits a Class D felony.

The offense described in subsection (a) is a Class C felony if the sex or violent offender has a prior unrelated conviction for an offense:

  1. under this section; or
  2. based on the person’s failure to comply with any requirement imposed on a sex or violent offender under this chapter or under IC 5-2-12 before its repeal.

It is not a defense to a prosecution under this section that the sex or violent offender was unable to pay the sex or violent offender registration fee or the sex or violent offender address change fee described under IC 36-2-13-5.6.

Access to Information: The Indiana Sex and Violent Offender Registry presents detailed information, including photographs and addresses, about individuals who register as sex or violent offenders at Indiana sheriffs departments. This information is available at www.insor.org.
Confidentiality Provision: According to Indiana Code 5-2-5-5, any person who misuses limited criminal history information commits a Class A misdemeanor.
Number Registered: 9,282
Percent Compliance: Not known
Internet Access: www.insor.org