A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:

1. (1) is a sexually violent predator (as described in IC 35-38-1-7.5 );

2. (2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting ( IC 35-42-4-3 ) or sexual misconduct with a minor ( IC 35-42-4-9 ) against a child less than sixteen (16) years of age:

   1. (A) by using or threatening the use of deadly force;
   2. (B) while armed with a deadly weapon; or
   3. (C) that resulted in serious bodily injury; or

3. (3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of:

   1. (A) an offense described in:

      1. (i) IC 35-42-4-1 ;
      2. (ii) IC 35-42-4-2 (before its repeal);
      3. (iii) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
      4. (iv) IC 35-42-4-5 (a)(1);
      5. (v) IC 35-42-4-5 (a)(2);
      6. (vi) IC 35-42-4-5 (a)(3);
      7. (vii) IC 35-42-4-5 (b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
      8. (viii) IC 35-42-4-5 (b)(2); or
      9. (ix) IC 35-42-4-5 (b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
   2. (B) an attempt or conspiracy to commit a crime listed in clause (A); or
   3. (C) a crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in clauses (A) and (B).

As added by P.L.131-2009, SEC.5. Amended by P.L.158-2013, SEC.303; P.L.214-2013, SEC.22; P.L.168-2014, SEC.37; P.L.187-2015, SEC.25.