School Properties and Sex Offense Convictions: What You Should Know

The Indiana Code recognizes more than a dozen separate sex crime offenses, and many of these offenses are specific felonies that involve juvenile victims. Even when a particular offense does not require a juvenile victim as an element of the offense, a violation of one of these offenses in which there is a juvenile victim can be an aggravating or elevating factor, which can result in a more serious charge. In nearly all cases where a person is convicted of a sex crime involving a juvenile victim, that person will be convicted of a felony and will be sentenced according to the level of the felony offense under Indiana law.

If you were convicted of a sex crime in Indiana, it is critical to know that you may be banned from entering a school property — even if you have no intention of engaging in any type of criminal act. Indeed, for certain convicted sex offenders who enter school property, the result can be a separate felony charge that can result in an additional prison sentence as well as other penalties. Our Indianapolis criminal defense lawyers can explain in more detail.

Certain Convicted Sex Offenders Are Prohibited from Entering School Properties 

Under IC 35-42-4-14, a person who has been classified as a “serious sex offender” upon conviction of an offense cannot knowingly or intentionally enter a school property. If a person categorized as a serious sex offender knowingly or intentionally does enter a school, that person “commits unlawful entry by a serious sex offender,” which is a Level 6 felony offense unto itself.

What results in a person being classified as a serious sex offender? According to the statute, the person has been determined to be a “sexually violent predator” under Indiana law or has been convicted of at least one of the following offenses:

• Child molesting;
• Child exploitation;
• Possession of child pornography;
• Vicarious sexual gratification;
• Performing sexual conduct in the presence of a minor;
• Child solicitation;
• Child seduction; or
• Sexual misconduct with a minor.

Defenses to Unlawful Entry of School Property By a Serious Sex Offender 

There is a specific statutory defense to this crime that you should know about, which is: You knowingly or intentionally entered the property to attend a religious institution or house of worship located within the school property, and all of the following are also true:

• You entered when neither classes nor school activities were being held;
• You entered for the sole purpose of attending worship services or receiving religious instruction; and
• You entered within 30 minutes prior to the beginning of worship or religious instruction and within the 30 minutes after the services or religious instruction concluded.

In addition to this statutory defense, other potential defenses may include, for example:

• You did not realize you were entering a school property, so you did not knowingly or intentionally enter;
• Your sex crime conviction did not result in your classification as a “serious sex offender”; or
• It was not you who entered the school property.

Contact Our Indianapolis Sex Crimes Defense Lawyers for Assistance 

If you were arrested for entering a school property as a convicted sex offender, it is critical to seek legal help with your defense as quickly as possible. You may be able to rely on one of the statutory defenses we discussed above, or you may have other defense options available to you based on the facts of your arrest. One of the experienced Indianapolis sex crime defense attorneys at Rigney Law LLC can speak with you today about your case. Contact us for more information about the criminal defense services we provide in Indiana.

Sources:

law.justia.com/codes/indiana/title-35/article-42/chapter-4/

law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-14/