It is a difficult proposition to face the social stigma and bias attached to virtually all sex crimes. If convicted, each sex crime is sure to carry heavy fines and lengthy jail time as a penalty. While the punishments for sex crimes can be devastating to your life, a mandatory sex offender registration requirements can absolutely destroy your name and reputation. It’s important to make sure you have explored all of the avenues available. Call an Indiana sex offender attorney and get the best advice for your situation. We are available at (317) 721-9858 or email us at info@jksanchezlaw.com.
Let Indianapolis criminal defense attorney Jesse K. Sanchez fight for your rights and challenge the validity of you remaining a part of the sex offender registration that threatens . Even if you have already been convicted of a sex crime, we can use our experience in the courtroom to protect you from further harm by either having your registration waived or hidden. Contact us today to learn more about the legal options that may be available to you.
What Does Sex Offender Registration Affect?
While the United States Department of Justice and the Federal Bureau of Investigation must mean well by creating national sex offender registries, the end result is often the unnecessary destruction of the accused or convicted person’s life. Tantamount to a blacklist’ by those in the criminal justice system, being listed on the sex offender registry can completely dismantle someone’s ability to lead a normal life for the rest of their life. Indiana has a number of laws with provisions for a non-incarcerated sex offender registrant to appeal the inclusion of their name in the Sex Offender Registry in order to have their name removed from the list.
Some of the lifelong consequences of being on the Indiana registered sex offender list include the following:
- Loss of educational opportunities
- Automatic disqualification from certain jobs
- Restrictions in travel
- Difficulty in securing long term living arrangements
- Being seen as a social pariah
People who see a name on a sex offender registry do not view the person behind it, and quickly judge them without knowing the details of the case. In some situations, a false accusation, exaggeration, or misunderstanding led to the conviction. In turn, that conviction leads to the disintegration of their normal lives. It is a harsh system that needs to be challenged by defense attorneys.
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Indiana’s Sex Offender Registry
Registration will also include a variety of different requirements and conditions. Most registrants need to re-register and update their information once a year, or face criminal penalties. High risk level sex offenders may need to register as often as once every three months. Registrants of all sorts are also barred from living within certain distances of schools, and must notify new communities, educational institutions, and employers of their registrant status.
How Can You Be Removed from the Sex Offender Registry
In October 2013, all Indiana law enforcement agencies were required to notify an individual before their name was included on the Sex Offender Registry. After receiving notification of the inclusion, that individual has the right to appeal their inclusion on the list. They are able to appeal under the following conditions:
- The individual is innocent
- Inclusion was based on incorrect public information
- Inclusion was based on public information that should not have been accessible
- Some public information was overlooked, that should have been referred to while making the decision
After learning that the non-incarcerated person whose name is to be included in the Sex Offender Registry, they must submit a written document to the local law enforcement agency, which clearly states that the law enforcement agency’s decision is incorrect or that the law enforcement agency has not followed the correct procedure to arrive at its decision.
Who Can Access the Sex Offender List in Indiana?
In Indiana, the details of the sex offender list are available on the Indiana Sex Offender Registry, and online repository of information. The Indiana Sex and Violent Offender Registry can be accessed here.
Indiana Sex Offender Registry Information
Ind. Code § 11-8-8-7, the local law enforcement authority with whom a sex offender registers is required to make and publish a photograph of the offender on the Indiana sex offender registry website. They must also notify every law enforcement agency having jurisdiction in the county where they reside and update the National Crime Information Center National Sex Offender Registry data base.
When a convicted sex offender registers, the following information is required:
- Identifying information including full name, alias, any previous names, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, social security number, driver’s license or state ID card number, vehicle plate number or identification number that the registering offender owns or operates on a regular basis, principal residence address, other addresses where the offender spends more than seven nights in a fourteen-day period, and mailing address, if different from the principal residence address;
- A description of the offense for which the sex offender was convicted, the date of conviction, the county of conviction, and the sentence imposed, if applicable;
- A recent photograph of the offender;
- The name and address of each of the offender’s employers or schools enrolled in Indiana, and the address where the offender stays or intends to stay while in Indiana;
- Any designation as a sexually violent predator or any requirements to register for life; and
- Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex offender uses or intends to use.
If a sex offender changes his or her principal residence address, or the place where the offender stays in Indiana, he or she is required under Ind. Code § 11-8-8-11 to report to the local law enforcement authority with jurisdiction over the offender’s current principal address or location no more than 72 hours after the address change. The same applies if the offender changes his or her principal place of employment, vocation, campus or school enrollment location. Additionally, if the offender changes or obtains a new email address, instant messaging username, electronic chat room username, or social networking web site username, he or she must report in person to the local law enforcement authority no more than 72 hours after the change or creation of the address or username and provide the new address or username.
Registered sex offenders also have an annual reporting requirement. Under Ind. Code § 11-8-8-14, they must report in person to the local law enforcement authority once every 365 days to register and be photographed.
Registration Violations
Under Ind. Code § 11-8-8-17, a sex offender is guilty of a Level 6 felony punishable by up to two and a half years of imprisonment and a fine not exceeding $10,000 as provided by Ind. Code § 35-50-2-7 if he or she knowingly or intentionally:
- Fails to register when required to register under this chapter;
- Fails to register in every location where the sex or violent offender is required to register;
- Makes a material misstatement or omission while registering as a sex offender;
- Fails to register in person as required; or
- Does not reside at the sex offender’s registered address or location.
If the sex offender who committed a registration violation has a prior unrelated conviction for an unrelated registration violation offense, or any other requirement for sex offenders, it is considered a Level 5 felony punishable by a possible prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6.
The Indiana Sex Offender Law Does Not Rest and Neither Do We
Our Indiana sex crime attorneys understand that a conviction, arrest, or accusation can happen at any time at any location. To provide you with the most intelligent and responsive criminal legal representation when you need it the most. We offer legal consultations right over the phone and on a line that we can answer at any hour on any day. Just call (317) 721-9858 when you need competent, passionate and the best criminal defenses available for you. Just call our office to protect you from the severe consequences of the Indiana sex offender registration. Just do a search for “sex offender attorney near me”, and we’ll be right there!
FAQ
Q: In Indiana, is a sex offender required to notify neighbors?
A: Indiana statute IC 11-8-8, which was enacted in July of 2006, convicted sex offenders are required to register with the local law enforcement authority of their county of residence.
Q: Can a convicted sex offender have a social media account?
A: As of 2020, according to social media companies, such as Facebook, explicitly state that in their Terms of Service that they prohibit convicted sex offenders from using their account
Q: Can a sex offender go to church?
A: According to a ruling by the Indiana Court of Appeals, sex offenders are allowed to attend church services even if children are present to attend Sunday school
Q: Are sex offenders able to go to Indiana state parks?
A: Indiana law does not prohibit those on the sex offender registry from visiting public parks, and Indiana state parks do not have a policy restricting sex offenders from entering parks.
Q: How long must a violent sex offender register in Indiana?
A: In Indiana, a person who is a violent sex offender must register as a sex offender for life.
