Indiana Code
Ind. Code § 35-42-4-12 (2026)
Sex offender Internet offense
✓ current as of May 2026
Sec. 12. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5).
(b) A sex offender who knowingly or intentionally violates a:
(1) condition of probation;
(2) condition of parole; or
(3) rule of a community transition program;
that prohibits the offender from using a social networking web site or an instant messaging or chat room program to communicate with a child less than sixteen (16) years of age commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(c) It is a defense to a prosecution under subsection (b) that the person reasonably believed that the child was at least sixteen (16) years of age.
As added by P.L.119-2008, SEC.18. Amended by P.L.247-2013, SEC.8; P.L.158-2013, SEC.448; P.L.168-2014, SEC.73; P.L.5-2022, SEC.4.
Notes of Decisions
Cited in 6
cases, 2013–2014 · leading case: Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013).
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013). “21 See Ind. Code § 35-42-4-12 (e).7 Applying an intermediate level of scrutiny to the content neutral statute, the Seventh Circuit Court held that Indiana Code § 35-42-4-12 was unconstitutional because it was “not narrowly tailored to serve the state’s interest” as it “broadly…”
John Doe v. Prosecutor, Marion C, 705 F.3d 694 (7th Cir. 2013). “It defined the class as: all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who have been found to be a sexually violent predator under Indiana law or who have been…”
Wayne L. Patton v. State of Indiana, 990 N.E.2d 511 (Ind. Ct. App. 2013). “2013), in support of his contention that his First Amendment rights were violated in light of this probation condition, we note that the United States Court of Appeals for the Seventh Circuit interpreted Indiana Code section 35-42-4-12, which prohibited certain sex offenders…”
John Doe v. Kamala Harris, 772 F.3d 563 (9th Cir. 2014). “5 (2013) (banning the use of commercial social networking websites by any registered sex offender) and Ind.Code § 35-42-4-12 (2014) (prohibiting sex offenders from using social networking websites, instant messaging services, and chat room programs).”
State v. Packingham, 748 S.E.2d 146 (N.C. Ct. App. 2013). “2013), the Seventh Circuit declared Indiana Code § 35-42-4-12 (2011) to be unconstitutional: the statute prohibited registered sex offenders convicted of offenses involving a minor (including, inter alia, child molesting, possession of child pornography, and sexual conduct in…”
— Ind. Code § 35-42-4-12(a) — 2 cases
John Doe v. Prosecutor, Marion C, 705 F.3d 694 (7th Cir. 2013). “It defined the class as: all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who have been found to be a sexually violent predator under Indiana law or who have been…”
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(b)(1) — 1 case
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(b)(2) — 2 cases
John Doe v. Prosecutor, Marion C, 705 F.3d 694 (7th Cir. 2013). “It defined the class as: all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who have been found to be a sexually violent predator under Indiana law or who have been…”
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(c) — 1 case
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(d) — 1 case
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(d)(2) — 1 case
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
— Ind. Code § 35-42-4-12(e) — 2 cases
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013). “21 See Ind. Code § 35-42-4-12 (e).7 Applying an intermediate level of scrutiny to the content neutral statute, the Seventh Circuit Court held that Indiana Code § 35-42-4-12 was unconstitutional because it was “not narrowly tailored to serve the state’s interest” as it “broadly…”
— Ind. Code § 35-42-4-12(f) — 1 case
Michael L. Harris v. State of Indiana, 985 N.E.2d 767 (Ind. Ct. App. 2013). “Ind. Code § 35-42-4-12 1. Statute at Issue Sexually violent predators and certain sex or violent offenders are outright banned from using those social networking sites, instant messaging programs, or chat room programs that are accessible by persons under the age of eighteen.”
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