§ 14

Ind. Code § 35-42-4-14

Unlawful entry by a serious sex offender

As added by P.L.235-2015, SEC.4. Amended by P.L.13-2016, SEC.17; P.L.87-2018, SEC.2; P.L.142-2020, SEC.67; P.L.218-2025, SEC.18; P.L.92-2026, SEC.33; P.L.111-2026, SEC.5; P.L.145-2026, SEC.297.

  1. (a) As used in this section, "serious sex offender" means a person required to register as a sex offender under IC 11-8-8 who is:

    1. (1) found to be a sexually violent predator under IC 35-38-1-7.5 ; or

    2. (2) convicted of one (1) or more of the following offenses:

      1. (A) Child molesting ( IC 35-42-4-3 ).
      2. (B) Child exploitation ( IC 35-42-4-4 ).
      3. (C) Possession of child sex abuse material ( IC 35-42-4-4 (d) or IC 35-42-4-4 (e)) (before July 1, 2026), or a child sex abuse material offense under IC 35-42-4-4.5 (after June 30, 2026).
      4. (D) Vicarious sexual gratification ( IC 35-42-4-5 (a) and IC 35-42-4-5 (b)).
      5. (E) Performing sexual conduct in the presence of a minor ( IC 35-42-4-5 (c)).
      6. (F) Child solicitation ( IC 35-42-4-6 ).
      7. (G) Child seduction ( IC 35-42-4-7 ).
      8. (H) Sexual misconduct with a minor ( IC 35-42-4-9 ).

  2. (b) A serious sex offender who knowingly or intentionally enters:

    1. (1) school property; or

    2. (2) a:

      1. (A) facility; or

      2. (B) location holding an event;

        that provides entertainment or programming primarily directed toward a child less than eighteen (18) years of age;

        commits unlawful entry by a serious sex offender, a Level 6 felony.

  3. (c) It is a defense to a prosecution under subsection (b) that:

    1. (1) a religious institution or house of worship is located on the school property; and

    2. (2) the person:

      1. (A) enters the school property or other entity described in IC 35-31.5-2-285 (1)(A) through IC 35-31.5-2-285 (1)(D) when classes, extracurricular activities, or any other school activities are not being held:

        1. (i) for the sole purpose of attending worship services or receiving religious instruction; and
        2. (ii) not earlier than thirty (30) minutes before the beginning of the worship services or religious instruction; and
      2. (B) leaves the school property not later than thirty (30) minutes after the conclusion of the worship services or religious instruction.

As added by P.L.235-2015, SEC.4. Amended by P.L.13-2016, SEC.17; P.L.87-2018, SEC.2; P.L.142-2020, SEC.67; P.L.218-2025, SEC.18; P.L.92-2026, SEC.33; P.L.111-2026, SEC.5; P.L.145-2026, SEC.297.

Log InSign Up