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 (b) or IC 35-42-4-4 (c)).
      3. (C) Possession of child pornography ( IC 35-42-4-4 (d) or IC 35-42-4-4 (e)).
      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 school property 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.