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 the county where the sexually violent predator's principal
address is located, in person, 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, 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 Level 6 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 or violent offender
under this chapter.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Amended by P.L.216-2007, SEC.26; P.L.158-2013, SEC.175.
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 2009–2023 · leading case:
Jensen v. State, 905 N.E.2d 384 (Ind. 2009).
Jensen v. State, 905 N.E.2d 384 (Ind. 2009).
· cites it 6× “We do acknowledge at least two differences. Unlike other offenders, offenders determined to be sexually violent predators must (1) inform local law enforcement authorities of their plans to travel from their principal place of residence for more than 72 hours, Ind.”
Wallace v. State, 905 N.E.2d 371 (Ind. 2009).
· cites it 4× “Ind.Code § 11-8-8-18 (2006). Under a 2008 amendment, if the offender uses an electronic mail address, instant messaging username, electronic chat room username, or social networking web site, the offender must sign a consent form authorizing searches of the offender's personal…”
Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011).
· cites it 4× “2007); to inform in person local law enforcement authorities of their plans to travel from their principal place of residence for more than 72 hours and also notify in person local law enforcement authorities at their destination, I.C. § 11-8-8-18; and to re-register for life, I.”
Buss v. Harris, 926 N.E.2d 1110 (Ind. Ct. App. 2010).
· cites it 2× “Ind.Code § 11-8-8-18 (2006). An offender must also at all times keep in his or her possession a valid driver's license or identification card.”
Brian Hope v. Comm'r of Indiana Depart, 984 F.3d 532 (7th Cir. 2021).
“Ind. Code § 11-8-8-18 .3 And an “offender against children” may not work, volunteer, or reside within 1,000 feet of a school, a youth program center, or a public park.”
Vlado Kozlina v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 6× “His status as an SVP requires (among other things) that Kozlina take affirmative steps to notify law enforcement authorities of his whereabouts when he plans to spend more than seventy-two hours in a county other than Lake, specifically: A sexually violent predator who will…”
Shawn Spencer v. State of Indiana (Ind. Ct. App. 2020).
“Code § 11-8-8-18 . Moreover, the failure of an SVP to possess identification is a Level 6 felony instead of a Class A misdemeanor, as it is for a sex offender.”
Brian Hope v. Comm'r of Indiana Depart (7th Cir. 2021).
“Ind. Code § 11-8-8-18 .3 And an “offender against children” may not work, volunteer, or reside within 1,000 feet of a school, a youth program center, or a public park.”
Brian Hope v. Comm'r of Indiana Depart (7th Cir. 2021).
“Ind. Code § 11-8-8-18 .3 And an “offender against children” may not work, volunteer, or reside within 1,000 feet of a school, a youth program center, or a public park.”
Rucker v. Warden (N.D. Ind. 2023).
“The Warden does not cite any corollary to § 11-8-8-17 and § 11-8-8-18 for parole violations, and it seems unlikely that other Indiana criminal statutes would encompass violations of these types of parole terms.”
Ind. Code § 11-8-8-18(b): 1 case
Vlado Kozlina v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“His status as an SVP requires (among other things) that Kozlina take affirmative steps to notify law enforcement authorities of his whereabouts when he plans to spend more than seventy-two hours in a county other than Lake, specifically: A sexually violent predator who will…”
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