2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 42. Offenses Against the Person
Chapter 4. Sex Crimes
35-42-4-14. Unlawful entry of school property by a serious sex offender
Sec. 14. (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).
(I) A conspiracy or an attempt to commit an offense described in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (I).
(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.
As added by P.L.235-2015, SEC.4. Amended by P.L.13-2016, SEC.17; P.L.87-2018, SEC.2.