2006 Indiana Code - CHAPTER 8. SEX OFFENDER REGISTRATION

IC 11-8-8
     Chapter 8. Sex Offender Registration

IC 11-8-8-1
"Correctional facility"
     Sec. 1. As used in this chapter, "correctional facility" has the meaning set forth in IC 4-13.5-1-1.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-2
"Local law enforcement authority"
     Sec. 2. As used in this chapter, "local law enforcement authority" means the:
        (1) chief of police of a consolidated city; or
        (2) sheriff of a county that does not contain a consolidated city.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-3
"Principal residence"
     Sec. 3. As used in this chapter, "principal residence" means the residence where a sex offender spends the most time. The term includes a residence owned or leased by another person if the sex offender:
        (1) does not own or lease a residence; or
        (2) spends more time at the residence owned or leased by the other person than at the residence owned or leased by the sex offender.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-4
"Register"
     Sec. 4. As used in this chapter, "register" means to provide a local law enforcement authority with the information required under section 8 of this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-5
"Sex offender"
     Sec. 5. (a) As used in this chapter, "sex offender" means a person convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4(b)).
        (5) Vicarious sexual gratification (IC 35-42-4-5).
        (6) Child solicitation (IC 35-42-4-6).
        (7) Child seduction (IC 35-42-4-7).
        (8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9).
        (9) Incest (IC 35-46-1-3).         (10) Sexual battery (IC 35-42-4-8).
        (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
        (12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
        (13) Possession of child pornography (IC 35-42-4-4(c)), if the person has a prior unrelated conviction for possession of child pornography (IC 35-42-4-4(c)).
        (14) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (13).
        (15) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (14).
    (b) The term includes:
        (1) a person who is required to register as a sex offender in any jurisdiction; and
        (2) a child who has committed a delinquent act and who:
            (A) is at least fourteen (14) years of age;
            (B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
            (C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-6
"Sexually violent predator"
     Sec. 6. As used in this chapter, "sexually violent predator" has the meaning set forth in IC 35-38-1-7.5.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-7
Persons required to register; registration locations; time limits; photographs
     Sec. 7. (a) Subject to section 19 of this chapter, the following persons must register under this chapter:
        (1) A sex offender who resides in Indiana. A sex offender resides in Indiana if either of the following applies:
            (A) The sex offender spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a one hundred eighty (180) day period.
            (B) The sex offender owns real property in Indiana and returns to Indiana at any time.
        (2) A sex offender who works or carries on a vocation or intends to work or carry on a vocation full-time or part-time for

a period:
            (A) exceeding fourteen (14) consecutive days; or
            (B) for a total period exceeding thirty (30) days;
        during any calendar year in Indiana, whether the sex offender is financially compensated, volunteered, or is acting for the purpose of government or educational benefit.
        (3) 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, including any secondary school, trade, or professional institution, or institution of higher education in Indiana.
    (b) Except as provided in subsection (e), a sex offender who resides in Indiana shall register with the local law enforcement authority in the county where the sex offender resides. If a sex offender resides in more than one (1) county, the sex offender shall register with the local law enforcement authority in each county in which the sex offender resides. If the sex offender is also required to register under subsection (a)(2) or (a)(3), the sex offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (c) or (d).
    (c) A sex offender described in subsection (a)(2) shall register with the local law enforcement authority in the county where the sex offender is or intends to be employed or carry on a vocation. If a sex offender is or intends to be employed or carry on a vocation in more than one (1) county, the sex offender shall register with the local law enforcement authority in each county. If the sex offender is also required to register under subsection (a)(1) or (a)(3), the sex offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (d).
    (d) A sex offender described in subsection (a)(3) shall register with the local law enforcement authority in the county where the sex offender is enrolled or intends to be enrolled as a student. If the sex offender is also required to register under subsection (a)(1) or (a)(2), the sex offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b) or (c).
    (e) A sex offender described in subsection (a)(1)(B) shall register with the local law enforcement authority in the county in which the real property is located. If the sex offender is also required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex offender shall also register with the local law enforcement authority in the county in which the offender is required to register under subsection (b), (c), or (d).
    (f) A sex offender committed to the department shall register with the department before the sex offender is released from incarceration. The department shall forward the sex offender's registration information to the local law enforcement authority of every county in which the sex offender is required to register.
    (g) This subsection does not apply to a sex offender who is a

sexually violent predator. A sex offender not committed to the department shall register not more than seven (7) days after the sex offender:
        (1) is released from a penal facility (as defined in IC 35-41-1-21);
        (2) is released from a secure private facility (as defined in IC 31-9-2-115);
        (3) is released from a juvenile detention facility;
        (4) is transferred to a community transition program;
        (5) is placed on parole;
        (6) is placed on probation;
        (7) is placed on home detention; or
        (8) arrives at the place where the sex offender is required to register under subsection (b), (c), or (d);
whichever occurs first. A sex offender required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the sex offender's arrival in that county or acquisition of real estate in that county.
    (h) This subsection applies to a sex offender who is a sexually violent predator. A sex offender who is a sexually violent predator shall register not more than seventy-two (72) hours after the sex offender:
        (1) is released from a penal facility (as defined in IC 35-41-1-21);
        (2) is released from a secure private facility (as defined in IC 31-9-2-115);
        (3) is released from a juvenile detention facility;
        (4) is transferred to a community transition program;
        (5) is placed on parole;
        (6) is placed on probation;
        (7) is placed on home detention; or
        (8) arrives at the place where the sexually violent predator is required to register under subsection (b), (c), or (d);
whichever occurs first. A sex offender who is a sexually violent predator required to register in more than one (1) county under subsection (b), (c), (d), or (e) shall register in each appropriate county not more than seventy-two (72) hours after the offender's arrival in that county or acquisition of real estate in that county.
    (i) The local law enforcement authority with whom a sex offender registers under this section shall make and publish a photograph of the sex offender on the Indiana sex offender registry web site established under IC 36-2-13-5.5. The local law enforcement authority shall make a photograph of the sex offender that complies with the requirements of IC 36-2-13-5.5 at least once per year. The sheriff of a county containing a consolidated city shall provide the police chief of the consolidated city with all photographic and computer equipment necessary to enable the police chief of the consolidated city to transmit sex offender photographs (and other identifying information required by IC 36-2-13-5.5) to the Indiana

sex offender registry web site established under IC 36-2-13-5.5. In addition, the sheriff of a county containing a consolidated city shall provide all funding for the county's financial obligation for the establishment and maintenance of the Indiana sex offender registry web site established under IC 36-2-13-5.5.
    (j) When a sex offender registers, the local law enforcement authority shall:
        (1) immediately update the Indiana sex offender registry web site established under IC 36-2-13-5.5; and
        (2) notify every law enforcement agency having jurisdiction in the county where the sex offender resides.
The local law enforcement authority shall provide the department and a law enforcement agency described in subdivision (2) with the information provided by the sex offender during registration.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-8
Required registration information
     Sec. 8. The registration required under this chapter must include the following information:
        (1) The sex offender's full name, alias, any name by which the sex 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 sex offender's principal residence address.
        (2) 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.
        (3) If the person is required to register under section 7(a)(2) or 7(a)(3) of this chapter, 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 sex offender stays or intends to stay while in Indiana.
        (4) A recent photograph of the sex offender.
        (5) If the sex offender is a sexually violent predator, that the sex offender is a sexually violent predator.
        (6) If the sex offender is required to register for life, that the sex offender is required to register for life.
        (7) Any other information required by the department.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-9
Informing sex offenders of duty to register; registration time limits
     Sec. 9. (a) Not more than seven (7) days before an Indiana sex offender who is required to register under this chapter is scheduled to be released from a secure private facility (as defined in

IC 31-9-2-115), or released from a juvenile detention facility, an official of the facility shall do the following:
        (1) Orally inform the sex offender of the sex offender's duty to register under this chapter and require the sex offender to sign a written statement that the sex offender was orally informed or, if the sex offender refuses to sign the statement, certify that the sex offender was orally informed of the duty to register.
        (2) Deliver a form advising the sex offender of the sex offender's duty to register under this chapter and require the sex offender to sign a written statement that the sex offender received the written notice or, if the sex offender refuses to sign the statement, certify that the sex offender was given the written notice of the duty to register.
        (3) Obtain the address where the sex offender expects to reside after the sex offender's release.
        (4) Transmit to the local law enforcement authority in the county where the sex offender expects to reside the sex offender's name, date of release or transfer, new address, and the offense or delinquent act committed by the sex offender.
    (b) Not more than seventy-two (72) hours after a sex offender who is required to register under this chapter is released or transferred as described in subsection (a), an official of the facility shall transmit to the state police the following:
        (1) The sex offender's fingerprints, photograph, and identification factors.
        (2) The address where the sex offender expects to reside after the sex offender's release.
        (3) The complete criminal history data (as defined in IC 10-13-3-5) or, if the sex offender committed a delinquent act, juvenile history data (as defined in IC 10-13-4-4) of the sex offender.
        (4) Information regarding the sex offender's past treatment for mental disorders.
        (5) Information as to whether the sex offender has been determined to be a sexually violent predator.
    (c) This subsection applies if a sex offender is placed on probation or in a community corrections program without being confined in a penal facility. The probation office serving the court in which the sex offender is sentenced shall perform the duties required under subsections (a) and (b).
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-10
Duty to transmit fingerprints to Federal Bureau of Investigation
     Sec. 10. Notwithstanding any other law, upon receiving a sex offender's fingerprints from a correctional facility, the state police shall immediately send the fingerprints to the Federal Bureau of Investigation.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
IC 11-8-8-11
Change in registration location or status; duty to register or notify; updates
     Sec. 11. (a) If a sex offender who is required to register under this chapter changes:
        (1) principal residence address; or
        (2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place where the sex offender stays in Indiana;
the sex offender shall register not more than seventy-two (72) hours after the address change with the local law enforcement authority with whom the sex offender last registered.
    (b) If a sex offender moves to a new county in Indiana, the local law enforcement authority referred to in subsection (a) shall inform the local law enforcement authority in the new county in Indiana of the sex offender's residence and forward all relevant registration information concerning the sex offender to the local law enforcement authority in the new county. The local law enforcement authority receiving notice under this subsection shall verify the address of the sex offender under section 13 of this chapter not more than seven (7) days after receiving the notice.
    (c) If a sex offender who is required to register under section 7(a)(2) or 7(a)(3) of this chapter changes the sex offender's principal place of employment, principal place of vocation, or campus or location where the sex offender is enrolled in school, the sex offender shall register not more than seventy-two (72) hours after the change with the local law enforcement authority with whom the sex offender last registered.
    (d) If a sex offender moves the sex offender's place of employment, vocation, or enrollment to a new county in Indiana, the local law enforcement authority referred to in subsection (c) shall inform the local law enforcement authority in the new county of the sex offender's new principal place of employment, vocation, or enrollment by forwarding relevant registration information to the local law enforcement authority in the new county.
    (e) If a sex offender moves the sex offender's residence, place of employment, vocation, or enrollment to a new state, the local law enforcement authority shall inform the state police in the new state of the sex offender's new place of residence, employment, or enrollment.
    (f) A local law enforcement authority shall make registration information, including information concerning the duty to register and the penalty for failing to register, available to a sex offender.
    (g) A local law enforcement authority who is notified of a change under subsection (a) or (c) shall immediately update the Indiana sex offender registry web site established under IC 36-2-13-5.5.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-12
Temporary residence
     Sec. 12. (a) As used in this section, "temporary residence" means

a residence:
        (1) that is established to provide transitional housing for a person without another residence; and
        (2) in which a person is not typically permitted to reside for more than thirty (30) days in a sixty (60) day period.
    (b) This section applies only to a sex offender who resides in a temporary residence. In addition to the other requirements of this chapter, a sex offender who resides in a temporary residence shall register in person with the local law enforcement authority in which the temporary residence is located:
        (1) not more than seventy-two (72) hours after the sex offender moves into the temporary residence; and
        (2) during the period in which the sex offender resides in a temporary residence, at least once every seven (7) days following the sex offender's initial registration under subdivision (1).
    (c) A sex offender's obligation to register in person once every seven (7) days terminates when the sex offender no longer resides in the temporary residence. However, all other requirements imposed on a sex offender by this chapter continue in force, including the requirement that a sex offender register the sex offender's new address with the local law enforcement authority.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-13
Verification of current residences
     Sec. 13. (a) To verify a sex offender's current residence, the local law enforcement authority shall do the following:
        (1) Mail a reply form to each sex offender in the county at the sex offender's listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section 11 or 20 of this chapter or the date the sex offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
        (2) Mail a reply form to each sex offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section 11 or 20 of this chapter or the date the sex offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;             (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
        (3) Personally visit each sex offender in the county at the sex offender's listed address at least one (1) time per year, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
        (4) Personally visit each sex offender who is designated a sexually violent predator under IC 35-38-1-7.5 at least once every ninety (90) days, beginning seven (7) days after the local law enforcement authority receives a notice under section 7 of this chapter or the date the sex offender is:
            (A) released from a penal facility (as defined in IC 35-41-1-21), a secure private facility (as defined in IC 31-9-2-115), or a juvenile detention facility;
            (B) placed in a community transition program;
            (C) placed in a community corrections program;
            (D) placed on parole; or
            (E) placed on probation;
        whichever occurs first.
    (b) If a sex offender fails to return a signed reply form either by mail or in person, not later than fourteen (14) days after mailing, or appears not to reside at the listed address, the local law enforcement authority shall immediately notify the department and the prosecuting attorney.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-14
Annual reporting, registration, and photograph
     Sec. 14. At least once per calendar year, a sex offender who is required to register under this chapter shall:
        (1) report in person to the local law enforcement authority;
        (2) register; and
        (3) be photographed by the local law enforcement authority;
in each location where the offender is required to register.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-15
Possession of valid Indiana driver's license or identification card required      Sec. 15. (a) A sex offender who is a resident of Indiana shall obtain and keep in the sex offender's possession:
        (1) a valid Indiana driver's license; or
        (2) a valid Indiana identification card (as described in IC 9-24-16).
    (b) A sex offender required to register in Indiana who is not a resident of Indiana shall obtain and keep in the sex offender's possession:
        (1) a valid driver's license issued by the state in which the sex offender resides; or
        (2) a valid state issued identification card issued by the state in which the sex offender resides.
    (c) A person who knowingly or intentionally violates this section commits failure of a sex offender to possess identification, a Class A misdemeanor. However, the offense is a Class D felony if the person:
        (1) is a sexually violent predator; or
        (2) has a prior unrelated conviction:
            (A) under this section; or
            (B) based on the person's failure to comply with any requirement imposed on an offender under this chapter.
    (d) It is a defense to a prosecution under this section that:
        (1) the person has been unable to obtain a valid driver's license or state issued identification card because less than thirty (30) days have passed since the person's release from incarceration; or
        (2) the person possesses a driver's license or state issued identification card that expired not more than thirty (30) days before the date the person violated subsection (a) or (b).
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-16
Name changes
     Sec. 16. (a) A sex offender who is required to register under this chapter may not petition for a change of name under IC 34-28-2.
    (b) If a sex offender who is required to register under this chapter changes the sex offender's name due to marriage, the sex offender must register with the local law enforcement authority not more than seven (7) days after the name change.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-17
Registration violations; penalty
     Sec. 17. A sex offender who knowingly or intentionally:
        (1) fails to register when required to register under this chapter;
        (2) fails to register in every location where the sex offender is required to register under this chapter;
        (3) makes a material misstatement or omission while registering as a sex offender under this chapter; or
        (4) fails to register in person and be photographed at least one (1) time per year as required under this chapter; commits a Class D felony. However, the offense is a Class C felony if the sex offender has a prior unrelated conviction for an offense under this section or based on the person's failure to comply with any requirement imposed on a sex offender under this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-18
Sexually violent predator; duty to notify
     Sec. 18. (a) A sexually violent predator who will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours shall inform the local law enforcement authority, in person or in writing, of the following:
        (1) That the sexually violent predator will be absent from the sexually violent predator's principal residence for more than seventy-two (72) hours.
        (2) The location where the sexually violent predator will be located during the absence from the sexually violent predator's principal residence.
        (3) The length of time the sexually violent predator will be absent from the sexually violent predator's principal residence.
    (b) A sexually violent predator who will spend more than seventy-two (72) hours in a county in which the sexually violent predator is not required to register shall inform the local law enforcement authority in the county in which the sexually violent predator is not required to register, in person or in writing, of the following:
        (1) That the sexually violent predator will spend more than seventy-two (72) hours in the county.
        (2) The location where the sexually violent predator will be located while spending time in the county.
        (3) The length of time the sexually violent predator will remain in the county.
Upon request of the local law enforcement authority of the county in which the sexually violent predator is not required to register, the sexually violent predator shall provide the local law enforcement authority with any additional information that will assist the local law enforcement authority in determining the sexually violent predator's whereabouts during the sexually violent predator's stay in the county.
    (c) A sexually violent predator who knowingly or intentionally violates this section commits failure to notify, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section based on the person's failure to comply with any requirement imposed on a sex offender under this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-19
Expiration of duty to register; lifetime registration
     Sec. 19. (a) Except as provided in subsections (b) through (e), a

sex offender is required to register under this chapter until the expiration of ten (10) years after the date the sex offender:
        (1) is released from a penal facility (as defined in IC 35-41-1-21) or a secure juvenile detention facility of a state or another jurisdiction;
        (2) is placed in a community transition program;
        (3) is placed in a community corrections program;
        (4) is placed on parole; or
        (5) is placed on probation;
whichever occurs last. The department shall ensure that an offender who is no longer required to register as a sex offender is notified that the obligation to register has expired.
    (b) A sex offender who is a sexually violent predator is required to register for life.
    (c) A sex offender who is convicted of at least one (1) sex offense that the sex offender committed:
        (1) when the person was at least eighteen (18) years of age; and
        (2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
    (d) A sex offender who is convicted of at least one (1) sex offense in which the sex offender:
        (1) proximately caused serious bodily injury or death to the victim;
        (2) used force or the threat of force against the victim or a member of the victim's family; or
        (3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
    (e) A sex offender who is convicted of at least two (2) unrelated sex offenses is required to register for life.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.

IC 11-8-8-20
Interstate compacts; relocation to Indiana
     Sec. 20. (a) The governor may enter into a compact with one (1) or more jurisdictions outside Indiana to exchange notifications concerning the release, transfer, or change of address, employment, vocation, or enrollment of a sex offender between Indiana and the other jurisdiction or the other jurisdiction and Indiana.
    (b) The compact must provide for the designation of a state agency to coordinate the transfer of information.
    (c) If the state agency receives information that a sex offender has relocated to Indiana to reside, engage in employment or a vocation, or enroll in school, the state agency shall inform in writing the local law enforcement authority where the sex offender is required to register in Indiana of:
        (1) the sex offender's name, date of relocation, and new address; and
        (2) the sex offense or delinquent act committed by the sex

offender.
    (d) The state agency shall determine, following a hearing:
        (1) whether a person convicted of an offense in another jurisdiction is required to register as a sex offender in Indiana;
        (2) whether an out of state sex offender is a sexually violent predator; and
        (3) the period in which an out of state sex offender who has moved to Indiana will be required to register as a sex offender in Indiana.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.