Sec. 2.2. (a) As a condition of probation for a sex
offender (as defined in IC 11-8-8-4.5), the court shall:
(1) require the sex offender to register with the local law
enforcement authority under IC 11-8-8;
(2) prohibit the sex offender from residing within one thousand
(1,000) feet of school property (as defined in IC 35-31.5-2-285),
as measured from the property line of the sex offender's residence
to the property line of the school property, for the period of
probation, unless the sex offender obtains written approval from
the court;
(3) require the sex offender to consent:
(A) to the search of the sex offender's personal computer at any
time; and
(B) to the installation on the sex offender's personal computer
or device with Internet capability, at the sex offender's expense,
of one (1) or more hardware or software systems to monitor
Internet usage; and
(4) prohibit the sex offender from:
(A) accessing or using certain web sites, chat rooms, or instant
messaging programs frequented by children; and
(B) deleting, erasing, or tampering with information on the sex
offender's personal computer with intent to conceal an activity
prohibited by clause (A).
If the court allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2), the court shall
notify each school within one thousand (1,000) feet of the sex
offender's residence of the order. However, a court may not allow a sex
offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 to
reside within one thousand (1,000) feet of school property.
(b) As a condition of probation for a sex offender who is a sexually
violent predator under IC 35-38-1-7.5 or an offender against children
under IC 35-42-4-11, the court may:
(1) subject to subdivision (2), prohibit the sex offender from
having any:
(A) unsupervised contact; or
(B) contact;
with a person less than sixteen (16) years of age; and
(2) if the court finds it is in the best interests of the child, prohibit
the sex offender from having any:
(A) unsupervised contact; or
(B) contact;
with a child or stepchild of the sex offender, if the child or
stepchild is less than sixteen (16) years of age.
As added by P.L.11-1994, SEC.14. Amended by P.L.214-1999,
SEC.3; P.L.238-2001, SEC.19; P.L.116-2002, SEC.21; P.L.140-2006,
SEC.23 and P.L.173-2006, SEC.23; P.L.216-2007, SEC.40;
P.L.119-2008, SEC.16; P.L.114-2012, SEC.79; P.L.220-2019,
SEC.1.
Notes of Decisions
Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013).
· cites it 5× “, Ind.Code §§ 35-38-2-2.2; 35-38-2-2.4. Bratcher, however, does not challenge the statutes underlying the probation conditions.”
State v. Pollard, 908 N.E.2d 1145 (Ind. 2009).
· cites it 4× “for the period of parole, unless the sex offender obtains written approval from the parole board"); Ind.Code § 35-38-2-2.2 (providing that as a condition of probation for a sex offender the court shall "prohibit the sex offender from residing within one thousand (1,000) feet of…”
Wayne L. Patton v. State of Indiana, 990 N.E.2d 511 (Ind. Ct. App. 2013).
· cites it 6× “” I.C. § 35-38-2-2.2(4). In our view, this internet restriction while Patton is on probation is reasonably and directly related to deterring Patton from having contact with children and to protecting the public.”
Hevner v. State, 919 N.E.2d 109 (Ind. 2010).
· cites it 2× “Ind.Code § 35-38-2-2.2 provides in relevant part, "As a condition of probation for a sex offender .”
Doe v. Prosecutor, Marion Cnty., Ind., 566 F. Supp. 2d 862 (S.D. Ind. 2008).
· cites it 2× “The same public law that added section 8(b)’s requirements for all persons who must register also added nearly identical consent-to-search provisions for sex offenders who are paroled (section 10, amending Indiana Code § 11 — 13—3—4(g)(2)), or who are put on probation (section…”
Jones v. State, 789 N.E.2d 1008 (Ind. Ct. App. 2003).
· cites it 2× “2 compels the trial court when imposing conditions of probation for those offenders to require offenders to register with local law enforcement officials and to prohibit those offenders from residing within one thousand feet of school property. The regular judge had the power to…”
Freije v. State, 709 N.E.2d 323 (Ind. 1999).
“…fee, see id. § 35-38-2-2.1, and those convicted of sex offenses must register with local law enforcement. See id. § 35-38-2-2.2.”
Randall D Johnson v. State of Indiana (Ind. Ct. App. 2023).
· cites it 4× “Indiana Code Section 35-38-2-2.2(b), however, provides: As a condition of probation for a sex offender who is a sexually violent predator under IC 35-38-1-7.”
— Ind. Code § 35-38-2-2.2(4) — 2 cases
Wayne L. Patton v. State of Indiana, 990 N.E.2d 511 (Ind. Ct. App. 2013).
“” I.C. § 35-38-2-2.2(4). In our view, this internet restriction while Patton is on probation is reasonably and directly related to deterring Patton from having contact with children and to protecting the public.”
Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013).
“, Ind.Code §§ 35-38-2-2.2; 35-38-2-2.4. Bratcher, however, does not challenge the statutes underlying the probation conditions.”
— Ind. Code § 35-38-2-2.2(b) — 1 case
Randall D Johnson v. State of Indiana (Ind. Ct. App. 2023).
“Indiana Code Section 35-38-2-2.2(b), however, provides: As a condition of probation for a sex offender who is a sexually violent predator under IC 35-38-1-7.”
— Ind. Code § 35-38-2-2.2(b)(2) — 1 case
Randall D Johnson v. State of Indiana (Ind. Ct. App. 2023).
“Indiana Code Section 35-38-2-2.2(b), however, provides: As a condition of probation for a sex offender who is a sexually violent predator under IC 35-38-1-7.”
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