Consequences of Being Classified as a Sexually Violent Predator
Anyone who is facing charges for a sex offense in Indiana should know that they could be classified as a “sexually violent predator” in the event of a conviction. While not all sex offense convictions result in this classification, many do, and the consequences can be life-altering. How and when is a person classified as a sexually violent predator, and what are the consequences of this classification? Our Indianapolis criminal defense lawyers can provide you with more information below, and we can discuss defense options with you for the sex crime charges that you or a family member currently are facing.
What is a Sexually Violent Predator Under Indiana Law?
Before we discuss the potential consequences of being classified as a sexually violent predator, it is important to understand what this classification is and how it is applied to individuals convicted of certain sex offenses under the Indiana Code. Under IC 35-38-1-7.5, a sexually violent predator is defined generally as “a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”
Under this section of the Indiana Code, a person can be designated as a sexually violent predator if they are at least 18 years old and are convicted of one of the following offenses under IC 35-42-4:
- Rape;
- Child molesting as a Level 1, 2, 3, or 4 felony; or
- Vicarious sexual gratification.
Other offense convictions can also result in this classification. In addition, having a previous sex offense conviction when you are convicted of a subsequent sex offense can result in this classification. If you were previously convicted as an adult of a sex offense that required sex offender registration, or a previous sex offense as a minor “that would have been a sex offense if committed by an adult,” then you can also be classified as a sexually violent predator.
Consequences of Being Classified as a Sexually Violent Predator
If you are classified as a sexually violent predator, the court will indicate on your criminal record that you have been convicted of an offense that makes you a sexually violent predator. All of the following are consequences of this classification:
- Required registration as a sex offender with local law enforcement under IC 11-8-8;
- Cannot knowingly or intentionally enter school property;
- Restrictions on your employment or volunteer work, including on school property, with a child care provider or adult day care provider, at a youth center, or any work that requires you to work in a public park; and
- Residency restrictions, preventing you from knowingly or intentionally living within 1,000 feet of a school property, a youth center, a day care center, or a public park, as well as within a mile of any victim associated with your conviction.
Contact Our Indianapolis Sex Crimes Defense Attorneys Today for Help Defending Against the Charges You Are Facing
Are you currently facing charges for a sex offense in Indiana? Convictions for sex crimes often have consequences that extend far beyond the terms of a term of imprisonment or fine. Most people who are convicted of sex offenses in Indiana will need to register as sex offenders, and that type of registration can have far-reaching consequences. In addition, as we discussed above, a conviction for a sex crime could result in your classification as a “sexually violent predator,” which can have even more restricting effects. The best way to avoid this classification is to work closely with an experienced Indianapolis sex crimes defense lawyer at Rigney Law LLC on your defense to avoid a conviction. Contact our firm today to discuss the details of your case with one of our attorneys. We can begin developing a defense strategy that is tailored to the facts of your case.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-1/section-35-38-1-7-5/