Sec. 14. (a) As used in this section, "serious sex
offender" means a person required to register as a sex offender under
IC 11-8-8 who is:
(1) found to be a sexually violent predator under IC 35-38-1-7.5;
or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(C) Possession of child sex abuse material (IC 35-42-4-4(d) or
IC 35-42-4-4(e)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) and IC 35-42-4-5(b)).
(E) Performing sexual conduct in the presence of a minor (IC 35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor (IC 35-42-4-9).
(b) A serious sex offender who knowingly or intentionally enters
school property commits unlawful entry by a serious sex offender, a
Level 6 felony.
(c) It is a defense to a prosecution under subsection (b) that:
(1) a religious institution or house of worship is located on the
school property; and
(2) the person:
(A) enters the school property or other entity described in IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
classes, extracurricular activities, or any other school activities
are not being held:
(i) for the sole purpose of attending worship services or
receiving religious instruction; and
(ii) not earlier than thirty (30) minutes before the beginning
of the worship services or religious instruction; and
(B) leaves the school property not later than thirty (30) minutes
after the conclusion of the worship services or religious
instruction.
As added by P.L.235-2015, SEC.4. Amended by P.L.13-2016,
SEC.17; P.L.87-2018, SEC.2; P.L.142-2020, SEC.67; P.L.218-2025,
SEC.18.
IC 35-42-5Chapter 5. Robbery
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 2016–2021 · leading case:
Valenti v. Lawson, 889 F.3d 427 (7th Cir. 2018).
Valenti v. Lawson, 889 F.3d 427 (7th Cir. 2018).
· cites it 5× “Ind. Code § 35-42-4-14 (a)(2). Unsurprisingly, Indiana makes it a felony for these "serious sex offenders" to knowingly or intentionally enter school property.”
Kirby v. State, 95 N.E.3d 518 (Ind. 2018).
· cites it 8× “Ind. Code § 35-42-4-14 (a) (Supp. 2015). Child solicitation is one of those qualifying offenses, I.”
John Doe 1 v. The Boone Cnty. Prosecutor, in his Off. capacity, 85 N.E.3d 902 (Ind. Ct. App. 2017).
· cites it 7× “Ind. Code § 35-42-4-14 (b). “School property” is subsequently defined as (1) A building or other structure owned or rented by: (A) a school corporation; (B) an entity that is required to be licensed under IC 12-17.”
State of Indiana v. Douglas Kirby, 120 N.E.3d 574 (Ind. Ct. App. 2019).
· cites it 26× “In 2015, though, Indiana Code section 35-42-4-14 made it a Level 6 felony for a “serious sex offender” to knowingly or intentionally enter school property.”
Douglas Kirby v. State of Indiana, 83 N.E.3d 1237 (Ind. Ct. App. 2017).
· cites it 8× “Ind. Code § 35-42-4-14 (a)(l)(F). The Statute provides that a serious sex offender “who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony.”
Brian Hope v. Comm'r of Indiana Depart, 984 F.3d 532 (7th Cir. 2021).
“This case is before us now, however, because, despite the Wallace decision, persons with pre-SORA convictions who re- locate to Indiana from another state where registration was required or relocate from Indiana to another state requiring registration and then back again, must…”
State of Indiana v. Kenneth R. Trisler (mem. dec.) (Ind. Ct. App. 2016).
· cites it 3× “In 2015, the Indiana Legislature enacted Ind. Code § 35-42-4-14 ,1 (the “unlawful-entry statute”) which provided in part: (a) As used in this section, “serious sex offender” means a person required to register as a sex offender under IC 11-8-8 who is: (1) found to be a sexually…”
Brian Hope v. Comm'r of Indiana Depart (7th Cir. 2021).
“This case is before us now, however, because, despite the Wallace decision, persons with pre-SORA convictions who re- locate to Indiana from another state where registration was required or relocate from Indiana to another state requiring registration and then back again, must…”
Brian Hope v. Comm'r of Indiana Depart (7th Cir. 2021).
“This case is before us now, however, because, despite the Wallace decision, persons with pre-SORA convictions who re- locate to Indiana from another state where registration was required or relocate from Indiana to another state requiring registration and then back again, must…”
Ind. Code § 35-42-4-14(a): 2 cases
Kirby v. State, 95 N.E.3d 518 (Ind. 2018).
“Ind. Code § 35-42-4-14 (a) (Supp. 2015). Child solicitation is one of those qualifying offenses, I.”
State of Indiana v. Douglas Kirby, 120 N.E.3d 574 (Ind. Ct. App. 2019).
“In 2015, though, Indiana Code section 35-42-4-14 made it a Level 6 felony for a “serious sex offender” to knowingly or intentionally enter school property.”
Ind. Code § 35-42-4-14(a)(2)(F): 2 cases
Kirby v. State, 95 N.E.3d 518 (Ind. 2018).
“Ind. Code § 35-42-4-14 (a) (Supp. 2015). Child solicitation is one of those qualifying offenses, I.”
State of Indiana v. Douglas Kirby, 120 N.E.3d 574 (Ind. Ct. App. 2019).
“In 2015, though, Indiana Code section 35-42-4-14 made it a Level 6 felony for a “serious sex offender” to knowingly or intentionally enter school property.”
Ind. Code § 35-42-4-14(b): 2 cases
State of Indiana v. Douglas Kirby, 120 N.E.3d 574 (Ind. Ct. App. 2019).
“In 2015, though, Indiana Code section 35-42-4-14 made it a Level 6 felony for a “serious sex offender” to knowingly or intentionally enter school property.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.