Ind. Code § 35-42-4-14

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.

IC 35-42-4-14

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.