Indiana Code
Ind. Code § 35-38-2-2.4 (2025)
Conditions of probation for sex offenders
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 2.4. As a condition of probation, the court may require a sex offender (as defined in IC 11-8-8-4.5) to:
(1) participate in a treatment program for sex offenders approved by the court; and
(2) avoid contact with any person who is less than sixteen (16) years of age unless the probationer:
(A) receives the court's approval; or
(B) successfully completes the treatment program referred to in subdivision (1).
As added by P.L.11-1994, SEC.15. Amended by P.L.238-2001, SEC.20; P.L.116-2002, SEC.22; P.L.140-2006, SEC.25 and P.L.173-2006, SEC.25; P.L.1-2010, SEC.142.
Notes of Decisions
Cited in 6
cases, 2000–2017 · leading case: Smith v. State, 727 N.E.2d 763 (Ind. Ct. App. 2000).
Smith v. State, 727 N.E.2d 763 (Ind. Ct. App. 2000). “Whether Ind.Code § 35-38-2-2.4, the basis of the probationary condition which the trial court found was violated in this case, is vague under the Indiana and/or United States Constitutions.”
Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013). “In Rexroat, we pointed out that the probation condition at issue did not explicitly prohibit incidental contact, and we refused to construe the probation condition to include a prohibition against incidental contact with minors, especially since we had already held in Smith that…”
Ronald Rexroat v. State of Indiana, 966 N.E.2d 165 (Ind. Ct. App. 2012). “Thus, we upheld the probation condition as to intentional contact with persons under sixteen as constitutional, but we also held that “it is inherent in [Indiana Code Section 35-38-2-2.4] that a probationer is not required to avoid inadvertent or unintentional contact with…”
Marty L. Armes v. State of Indiana, No. 28A01-1207-CR-299 (Ind. Ct. App. Jan. 9, 2013). “Thus, our supreme court concluded, “[t]he probation condition in this case 1 Except for the list of what “contact” includes, Condition 17 is an almost verbatim recitation of Indiana Code section 35-38-2-2.4. 4 lacked sufficient clarity to provide the defendant with fair notice…”
In the Matter of the Termination of the Parent-Child Relationship of K.P., B.P., & R.P. (Child.), &, D.P. (Mother) & R.P. (Father) v. The Indiana Dep't of Child Servs. (mem. dec.), No. 15A01-1704-JT-901 (Ind. Ct. App. Oct. 31, 2017). “3 However, this particular 3 The general statutory basis for such a probation condition is found in Indiana Code Section 35-38-2-2.4, which states: As a condition of probation, the court may require a sex offender (as defined in IC 11-8-8- 4.”
John Norris v. State of Indiana (mem. dec.), No. 34A05-1507-CR-797 (Ind. Ct. App. Dec. 15, 2015). “Rather, he is required to receive court approval or successfully complete a court-approved sex offender treatment program pursuant to Indiana Code section 35-38-2-2.4 before having any contact.”
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