FAQ

Registration Laws

Where do I find Indiana's registration statute?

Indiana's registration statute can be found in Indiana Code (IC 11-8-8).

Who is required to register?

Indiana law IC 11-8-8-5 defines a sex offender as:

An individual who has been convicted of any of the following offenses:

Rape (IC 35-42-4-1)

Criminal Deviate Conduct (IC 35-42-4-2)

Child Molesting (IC 35-42-4-3)

Child Exploitation (IC 35-42-4-4b)

Vicarious Sexual Gratification (IC 35-42-4-5)

Child Solicitation (IC 35-42-4-6)

Child Seduction (IC 35-42-4-7)

Sexual Misconduct with a Minor as a Class A, B, or C felony (IC 35-42-4-9)

Incest (IC 35-46-1-3)

Sexual Battery (IC 35-42-4-8)

Kidnapping, if the victim is less than 18 (IC 35-42-3-2)

Criminal Confinement, if the victim is less than 18 (IC 35-42-3-3)

Possession of Child Pornography if the person has a prior unrelated conviction for Possession of Child Pornography (IC 35-42-4-4c)

An individual who has been convicted of attempting to commit or conspiring to commit any of the above-listed offenses;
An individual who is required to register as a sex offender in any jurisdiction;
An individual who has been convicted of a crime, convicted of attempting to commit a crime, or convicted of conspiring to commit a crime under the laws of another state or in a military court that is substantially equivalent to any of the above-listed offenses; or
A child who is at least 14 years of age and is on probation or parole or is discharged from a facility by the department of correction, discharged from a secure private facility, or discharged from a juvenile detention facility as a result of being adjudicated as a delinquent child for an act that would be an offense listed above if committed by an adult (IC 31-37-1-1 to -2) and is found by a court to be likely to repeat an act that would be an offense listed above if committed by an adult (IC 31-37-19-5 (b)(1)).

The following sex offenders are required to register with the Sheriff's Department in the county where the offender intends to live, work or study for longer than seven (7) days (IC 11-8-8-7). In Marion County, offenders must register with the Indianapolis Metropolitan Police Department.

A sex offender who spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a 180 day period or an offender who owns real property in Indiana and returns to Indiana at any time,
A sex offender who works or carries on a vocation or intends to work or carry on a vocation in Indiana either full-time or part-time for more than 14 days in a row during any calendar year,
A sex offender who works or carries on a vocation or intends to work or carry on a vocation in Indiana either full-time or part-time for a total of more than 30 days whether or not they are in a row during any calendar year, and
A sex offender who is enrolled or intends to be enrolled on a full-time or part-time basis in any public or private educational institution in Indiana.

Are youth under the age of 18 required to register?

If a child who is at least 14 years of age has been adjudicated as a delinquent child for an act that would require registration if committed by an adult and is found by a court to be likely to repeat an act that would require registration if committed by an adult, then he or she is required to register with local law enforcement officials in Indiana (IC 11-8-8-5(b)).

What information is a sex offender required to provide at registration?

IC 11-8-8-8 requires the following information to be collected at registration:

The offender's full name; alias; any name by which the offender was previously known; date of birth; sex; race; height; weight; hair color; eye color; any scars, marks, or tattoos; Social Security number; driver's license number or state identification number; principal residence address; and mailing address, if different from the offender's principal residence address.
A description of the offense for which the sex offender was convicted, the date of conviction, the county of the conviction, the cause number of the conviction, and the sentence imposed, if applicable.
If the person is required to register under section IC 11-8-8-7(a)(2) or IC 11-8-8-7(a)(3) , the name and address of each of the sex offender's employers in Indiana, the name and address of each campus or location where the sex offender is enrolled in school in Indiana, and the address where the offender stays or intends to stay while in Indiana.
A recent photograph of the sex offender.
If the sex offender is a sexually violent predator, that the sex offender is a sexually violent predator.
If the sex offender is required to register for life, that the sex offender is required to register for life.
Any other information required by the department.

Where do sex offenders register?

Each of the following registration requirements may apply to an offender depending on his or her particular circumstances (IC 11-8-8-7):

Offenders who reside in Indiana -- Must register with the Sheriff's Department in the county where the offender resides. If an offender resides in more than one county, the offender must register with the Sheriff's Department in each county. (In Marion County offenders must register with the Indianapolis Metropolitan Police Department).

Offenders who own real property in Indiana and return to Indiana at any time -- Must register with the Sheriff's Department in the county in which the real property is located. (In Marion County offenders must register with the Indianapolis Metropolitan Police Department)

Offenders who work or carry on a vocation or intend to work or carry on a vocation in Indiana either full-time or part-time for more than 14 days in a row during any calendar year or for a total of more than 30 days whether or not they are in a row during any calendar year -- Must register with the Sheriff's Department in the county where the offender is or intends to be employed or carry on a vocation. If an offender is or intends to be employed or carry on a vocation in more than one county, the offender must register with the Sheriff's Department in each county. (In Marion County offenders must register with the Indianapolis Metropolitan Police Department)

Offenders who are enrolled or intend to be enrolled on a full-time or part-time basis in any public or private educational institution in Indiana -- Must register with the Sheriff's Department in the county where the offender is enrolled or intends to be enrolled as a student. (In Marion County offenders must register with the Indianapolis Metropolitan Police Department)

When does registration occur?

Registration must occur not more than 72 hours after the offender arrives in each jurisdiction where the offender intends to live, work or study, either after being released from a secure facility or moving to Indiana from another state (IC 11-8-8-7). Any time an offender changes the location of his/her address, place of employment or study the offender must re-register with the Sheriff who has jurisdiction in that location within 72 hours.

When does the duty to register expire?

Except as noted below, the duty to register expires ten (10) years after the date the offender is released from a penal facility or a secure juvenile detention facility, placed in a community transition program, placed on parole, or placed on probation, whichever occurred last (IC 11-8-8-19).

For individuals that have convictions that fall into the following categories, the duty to register is for life:

A sex offense committed when the offender was 18 years of age or older against a victim who was less than 12 years old at the time of the crime,
A sex offense in which the offender caused serious bodily injury or death to the victim used force or the threat of force against the victim or a member of the victim's family; or rendered the victim unconscious or otherwise incapable of giving voluntary consent,
Two or more unrelated sex offenses, and
An individual found to be a sexually violent predator (IC 35-38-1-7.5(b)). A sexually violent predator's duty is to register for life unless a court, assisted by a board of experts, finds that the offender is no longer a sexually violent predator.

Are people who were convicted of a sex offense before Indiana had a registration law required to register?

Indiana's sex offender registration law initially required people convicted of specific sex offenses after June 30, 1994 and those convicted of certain violent offenses after June 30, 1998 to register with local law enforcement authorities in the communities where they intended to live, work, or study. Effective July 1, 2001, these dates were removed from Indiana's sex offender registration law.

Consequently, offenders who may now be required to register because specific registration dates have been removed from the law may previously have been told that they did not need to register. Indiana law requires that offenders must be provided with all of the following forms of notice (IC 11-8-8-9):

The offender must be notified both orally and in writing of his/her duty to register;
The offender must sign statements acknowledging receipt of oral and written notifications of the duty to register (or, if the offender refuses to sign, the soliciting officer must certify that the offender was notified of the duty to register both orally and in writing);
The offender must be provided with a registration form; and
The offender must be given at least 72 hours to register.

How will a sheriffs Department know that a sex offender who is scheduled to be released from a secure facility plans to move to the county in which the department has jurisdiction?

Indiana law requires that prior to the offender's release, an official of the secure facility must provide the offender's name, offense, date of release or transfer, and expected address to the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) having jurisdiction in the area where the offender expects to reside (IC 11-8-8-7).

Will local law enforcement agencies in my city or town know that a sex offender has registered with the Sheriff's Department in my county?

When an offender completes a registration form, the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) must notify every law enforcement agency having jurisdiction in the area where the offender resides (IC 11-8-8-7).

What is the penalty for failing to comply with Indiana's sex offender registration law?

A sex offender who knowingly or intentionally fails to register commits a Class D Felony. The offense is a Class C Felony if the individual has a prior offense for failure to register (IC 11-8-8-17).

Address Verification

How often is a registered sex offender's address verified?

At least once a year (or at least once every 90 days for individuals determined to be sexually violent predators) the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) must mail a registration form to each offender to verify the offender's address (IC 11-8-8-13). If an offender fails to return a signed registration form by mail or in person, the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) is required to notify the prosecuting attorney and the Indiana Department of Correction.

What happens if a registered offender changes the place where he or she lives, works, or studies?

Any time an offender changes the location of his/her address, place of employment or study the offender must re-register with the Sheriff who has jurisdiction in that location (IC 11-8-8-11).

In addition, if an individual who is required to register changes his or her home address or the place where he or she stays in Indiana, the individual is required to submit a new registration form not more than 72 hours after the address change to the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) with whom the individual last registered. The law enforcement authority with whom the individual last registered must inform the Sheriff's Department in the new county (or, in Marion County, the Indianapolis Metropolitan Police Department) by sending them a copy of the new registration form so they can verify the new address.

Similarly, if an individual who is required to register changes his/her principal place of employment, principal place of vocation, or campus or location where he/she is enrolled in school, the individual is required to submit a new registration form not more than 72 hours after the change to the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) with whom the individual last registered. The law enforcement authority with whom the individual last registered informs the Sheriff's Department in the new county (or, in Marion County, the Indianapolis Metropolitan Police Department) by sending them a copy of the new registration form.

What happens if a sex offender registered in Indiana moves to another state?

If an individual who is required to register moves his/her residence, place of employment, or school enrollment to a new state, the Sheriff's Department (or, in Marion County, the Indianapolis Metropolitan Police Department) is required to inform the state police in the new state (IC 11-8-8-11(e)).

What happens if a sex offender registered in another state moves to Indiana?

Law enforcement officials in other states typically inform Indiana authorities if they know or suspect that a registered sex offender has moved to Indiana (IC 11-8-8-20).

Community Placement

How is the public notified when a sex offender moves into the neighborhood?

Community law enforcement officials are notified whenever a sex offender is moving into their area and all sex offenders are required to register with local law enforcement within seven (7) days of release from prison; sexually violent predators are required to register within 72 hours of release. Also, neighborhood associations are free to request information from their local law enforcement agencies about any registered sex offenders moving into the neighborhood (IC 11-8-2-12.4).

Are sex offenders allowed to live near the person who was the victim of their offense?

As a condition of probation or parole, sex offenders are prohibited from residing within one (1) mile of the victim of the offender's offense unless a waiver as been obtained from the court or parole board.

Are there any other restrictions for where sex offenders may live?

Yes. Offenders whose crimes are against children are not allowed to live or reside within 1,000 feet of school property, public parks, or youth program center (IC 35-42-4-11).

Definitions for school property, public parks, and youth program centers can be found by clicking on the respective links above.

Why is an offender being released into my neighborhood?

When offenders are released from prison, they usually return to live in the same area of the state where they lived when they committed their crime. For many offenders, this is also the county where they were convicted. Sometimes, though, offenders are released to another area because they have family support there, or there is treatment available there that is not available elsewhere, or they have found a job in the area that will lead to a productive lifestyle. For offenders who are on supervision, decisions about where the offender lives are made on a case-by-case basis.

What can we do, as concerned citizens, to keep an offender from moving into our community?

It is important to realize that sex offenders have always lived in the community. It is only now, with current laws, that law enforcement is able to inform the community of releases of sex offenders. A community notification meeting called by local law enforcement to discuss the release of a sex offender is not a forum for preventing either the release or the placement of the offender. Concerned citizens can attend the meeting to learn as much as possible about the offender so they can take a proactive approach to safety every day.

Will I be told if an offender moves out of my neighborhood?

No. It is impossible for law enforcement officials to set aside the resources necessary to inform all members of a community when sex offenders move. If you want to know if a sex offender is still in the community you may contact local law enforcement or check the Indiana Sex Offender Registry.

Sexually Violent Predators

What is the difference between a sexually violent predator and a sex offender?

Sexually violent predator is a term applied to those individuals at least eighteen (18) years of age convicted of rape (IC 34-42-4-1), criminal deviate conduct (IC 35-42-4-2), child molesting (IC 35-42-4-3) at the A and B Felony level, or vicarious sexual gratification (IC 35-42-4-5). Sexually violent predators are subject to life-long reporting to the sex offender registry, as well as more stringent reporting requirements than other sex offenders (IC 35-38-1-7.5).

Is it legal for an offender to make an extended visit to family in another community?

Any sexually violent predator that will be away from his/her principle address from more than seventy-two (72) hours must provide notice to local law enforcement either in person or in writing. The offender must provide the location they will be visiting, the length of stay, and any other information requested by local law enforcement (IC 11-8-8-18). Local law enforcement will then notify law enforcement officers in the area to which the offender is visiting that a sexually violent predator will be present.

Are there restrictions on where sexually violent offenders may work?

Yes. Sexually violent predators are forbidden to work or volunteer on school property, at a youth program center, or at a public park (IC 35-42-4-10). Failure to abide by these rules is considered a Class D felony for a first offense or a Class C felony for a subsequent offense.

Can a sexually violent predator appeal their classification?

Yes. Ten (10) years after an offender is released from incarceration they may petition the sentencing court to remove the sexually violent predator classification. The court makes the final decision regarding classification, and the offender may only petition the court one time per year.

Victim Assistance

Who can I turn to for assistance as a victim of a sex offense?

Many Indiana counties provide services for victims of crime. These services typically are provided through the county prosecuting attorneys office, local courts, or through a victim services agency. When contacting the county prosecuting attorneys office, request to speak to their Victim Advocates Division.

The Indiana Department of Correction provides a service whereby, upon request, victims and witnesses of crimes are notified in advance of an offender's release from a state correctional facility. The contact for the notification program offered by the Indiana Department of Correction is as follows:

Victim/Witness Notification Program
Indiana Department of Correction
302 W. Washington St.
Indianapolis, IN 46204
Tel: 866-959-8463
www.state.in.us/indcorrection

The Victim/Witness Service Program section strives to keep the most complete up-to-date and accurate referral and resource information available to effectively assist victims and witnesses. The Indiana Department of Correction is able to provide referrals to other agencies that provide various services to crime victims and witnesses. These include, but are not limited to:

Attorney General
Legal Assistance
Local Prosecutor's Office
Parole Districts
Probation Department
Shelter/Transitional Housing
Victim Assistance Agencies/Organizations
Violent Crime Compensation Division

General Frequently Asked Questions

Why is someone I'm looking for not listed in Indiana's Registry?

There are several possible reasons why you could not find the specific person(s) you were looking for:

The individual was not convicted of one of the offenses requiring registration in Indiana.
Until July 1, 2001, Indiana's sex offender registration law required people convicted of specific sex offenses after June 30, 1994 and those convicted of certain violent offenses after June 30, 1998 to register with local law enforcement authorities in the communities where they intended to live. Effective July 1, 2001, these dates were removed from Indiana's registration law. Consequently, some offenders who are now required to register may previously have been told that they did not need to register.
Some offenders know about their duty to register but have failed to register with local authorities. Knowingly or intentionally failing to register is a Class D Felony. The offense is a Class C Felony if the individual has a prior offense for failure to register.

If you suspect an individual is not registering as required by law, contact the sheriff's department in the county where this individual resides. Local sheriffs are the authorities that collect, maintain, and update the information found on the Indiana Sex Offender Registry. Contact information for sheriff departments can be found at http://www.indianasheriffs.org/isa/sheriffs.asp.

What should I do if I know or suspect that someone does not live in the city and county indicated in Indiana's Registry?

Any time an offender changes the location of his/her address, place of employment, or study, the offender is required to re-register within 72 hours with the sheriff who has jurisdiction in the new location. The offender also is required to inform the sheriff with whom the offender last registered within 72 hours.

If you know or suspect that someone has failed to update their registration, you should contact the sheriff's department in the county where this individual resides. Local sheriffs are the authorities that collect, maintain, and update the information found on the Indiana Sex Offender Registry. Contact information for sheriff departments can be found at http://www.indianasheriffs.org/isa/sheriffs.asp .

What should I do if I know or suspect that someone has committed a sex crime or is not complying with Indiana's sex offender registration law?

If you believe that someone has committed a crime (including failure to register as required by law) you should not hesitate to notify local law enforcement authorities in the area where you live (i.e., city or town police, county sheriff's department, or the county prosecuting attorney's office). These officials are authorized to investigate crime and enforce the law. Contact information for Indiana Sheriff Departments can be found at http://www.indianasheriffs.org/isa/sheriffs.asp .

What should I do if I suspect someone in my community of committing a sexual offense?

If you have reasonable suspicion that a member of your community is committing, or has committed, as sex offense then you should contact law enforcement immediately.

Is there a way to verify the identity of a sex offender?

Yes. All sex offenders living in Indiana must carry either a valid Indiana driver's license or a valid Indiana identification card at all times. Offenders who move into Indiana from another state must carry a valid driver's license or identification card from his or her home state at all times. Failure to carry proof of identity is considered a Class A misdemeanor or a Class D felony if the offender is a sexually violent predator or has a prior unrelated conviction (IC 11-8-8-15).

Can I get a full description and details of exactly what crime a sex offender committed?

The sex offender registry will contain a description of the offense committed, the date of conviction, the county of conviction, the cause number of the conviction, and the sentence imposed, if applicable (IC 11-8-2-13). All other information about the offender is subject to public information laws.

What if I move into an address formerly occupied by a sex offender? Will my address stay on the registry?

When an offender changes the location of his/her address the offender must re-register with the Sheriff of the new jurisdiction. This action will remove the previous address from the sex offender registry and replace it with the new one. If your address is still listed on the sex offender registry you should contact your local law enforcement agency and they will be able to guide you through the steps of removing your address.

How long will information about an offender stay on the Sex Offender Registry?

The Indiana sex offender registry established under IC 36-2-13-5.5 and maintained by the Department must contain the names of each offender who is or has been required to register under IC 11-8-8 (IC 11-8-2-13). Once an offender's name is added to the Registry it will remain on the site indefinitely.

Can an offender legally change their name to avoid detection?

No, sex offenders are prohibited from filing a petition for a change of name. Any offender whose name changes due to marriage must register with local law enforcement not seven (7) days after the change of name (IC 11-8-8-16).