1. (a) A sex or violent offender who is a resident of Indiana shall obtain and keep in the sex or violent offender's possession:

   1. (1) a valid Indiana driver's license; or

   2. (2) a valid Indiana identification card (as described in IC 9-24-16 ) or a photo exempt identification card (as described in IC 9-24-16.5 );

      that contains the offender's current address and current physical description.

2. (b) A sex or violent offender required to register in Indiana who is not a resident of Indiana shall obtain and keep in the sex or violent offender's possession:

   1. (1) a valid driver's license issued by the state in which the sex or violent offender resides; or

   2. (2) a valid state issued identification card issued by the state in which the sex or violent offender resides;

      that contains the offender's current address and current physical description.

3. (c) A person who knowingly or intentionally violates this section commits failure of a sex or violent offender to possess identification, a Class A misdemeanor. However, the offense is a Level 6 felony if the person:

   1. (1) is a sexually violent predator; or

   2. (2) has a prior unrelated conviction:

      1. (A) under this section; or
      2. (B) based on the person's failure to comply with any requirement imposed on an offender under this chapter.

4. (d) It is a defense to a prosecution under this section that:

   1. (1) the person has been unable to obtain a valid driver's license, state issued identification card, or photo exempt identification card because less than thirty (30) days have passed since the person's release from incarceration;
   2. (2) the person possesses a driver's license, state issued identification card, or photo exempt identification card that expired not more than thirty (30) days before the date the person violated subsection (a) or (b); or
   3. (3) the person possesses a valid driver's license, state issued identification card, or photo exempt identification card, but the card does not reflect the person's current address or current physical description because fewer than thirty (30) days have passed since the person changed the person's current address or physical characteristics.

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.23; P.L.214-2013, SEC.11; P.L.158-2013, SEC.173; P.L.168-2014, SEC.22; P.L.197-2015, SEC.14.