Current through P.L. 167-2020
Section 35-42-4-14 - Unlawful entry of school property by a serious sex offender(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) found to be a sexually violent predator under IC 35-38-1-7.5; or(2) convicted of one (1) or more of the following offenses: (A) Child molesting (IC 35-42-4-3 ).(B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c) ).(C) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e) ).(D) Vicarious sexual gratification (IC 35-42-4-5(a) and IC 35-42-4-5(b) ).(E) Performing sexual conduct in the presence of a minor (IC 35-42-4-5(c) ).(F) Child solicitation (IC 35-42-4-6 ).(G) Child seduction (IC 35-42-4-7 ).(H) Sexual misconduct with a minor (IC 35-42-4-9 ). (b) A serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony.(c) It is a defense to a prosecution under subsection (b) that: (1) a religious institution or house of worship is located on the school property; and(2) the person: (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: (i) for the sole purpose of attending worship services or receiving religious instruction; and(ii) not earlier than thirty (30) minutes before the beginning of the worship services or religious instruction; and(B) leaves the school property not later than thirty (30) minutes after the conclusion of the worship services or religious instruction.Amended by P.L. 142-2020,SEC. 67, eff. 7/1/2020.Amended by P.L. 87-2018,SEC. 2, eff. 7/1/2018.Amended by P.L. 13-2016, SEC. 17, eff. 7/1/2016.Added by P.L. 235-2015, SEC. 4, eff. 7/1/2015.