Internet Use Restrictions After a Sex Crime Conviction Involving a Juvenile
When a person is convicted of certain types of criminal offenses under the Indiana Code, they are then subject to certain internet restrictions with their probation or parole. More specifically, a conviction for a sex offense under IC 11-8-8-5.2 and IC 11-8-8-4.5 will result in conditions of probation or parole that restrict the use of certain social networking platforms as well as internet communication platforms under IC 35-38-2-2.7.
It is important to understand these restrictions if you are currently facing charges for a sex offense involving a juvenile, or if you have been convicted of such an offense and are currently on probation or parole. Allegations of a violation could lead to serious repercussions. Our Indianapolis sex crime defense attorneys can explain this section of the Indiana Code in more detail, and we can speak with you today about the particular details of your case and options for your defense.
Prohibition on Use of Social Media, Instant Messaging, or Chat Rooms
While various types of criminal convictions can result in restrictions on certain types of computer or internet use, it is important for anyone who is facing charges for a sex offense or has been convicted of a sex offense to understand the specific restrictions outlined under 35-38-2-2.7.
Under this section of the Indiana Code, it is a condition of probation or parole for a person who has been convicted of a sex offense that the person is prohibited from “using a social networking site or an instant messaging or chat room program to communicate with a child less than sixteen (16) years of age.” The only exception is if a court permits a person convicted of a sex offense to use one of the above named programs to communicate with either:
- Convicted person’s own child, stepchild, or sibling; or
- Another relative who has been named in a court order.
Defining “Sex Offense” for the Prohibitions on Social Media and Other Internet Use
For a person to be restricted from the types of internet communications discussed above, the person must have been convicted of a sex offense as defined in IC 11-8-8-5.2. That section of the Indiana Code directs to IC 11-8-8-4.5, to a person convicted of any of the following offenses (with some of the following having additional requirements concerning the degree or severity of the offense):
- Rape;
- Criminal deviate conduct (prior to appeal of this specific offense);
- Child molesting;
- Child exploitation;
- Vicarious sexual gratification;
- Child solicitation;
- Child seduction;
- Sexual misconduct with a minor;
- Incest;
- Sexual battery;
- Kidnapping;
- Criminal confinement;
- Possession of child pornography;
- Promoting prostitution;
- Promotion of human sexual trafficking;
- Promotion of child sexual trafficking;
- Promotion of sexual trafficking of a younger child;
- Child sexual trafficking; and/or
- Sexual misconduct by a service provider with a detained or supervised child.
Contact Our Indianapolis Sex Crime Defense Lawyers for Assistance with Your Defense or Probation Violation Case
Whether you are facing criminal charges for a sex crime that could result in the types of restrictions discussed above, or you have been accused of violating the conditions of your probation or parole as a result of certain internet use, it is critical to seek legal advice as soon as possible. One of the experienced Indianapolis sex crime defense attorneys at Rigney Law LLC can discuss options for your defense, whether it is defending against initial sex crime charges or defending against allegations of a probation or parole violation. Do not hesitate to reach out to our firm to learn more about the services we provide to individuals facing charges in Indiana and how we can help you with your case.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/