Criminal Defense Counsel for Failure to Register as a Sex Offender in Indianapolis
Sex offenders under Indiana law are subjected to a host of registration requirements, and failure to do so can mean even more penalties for the offender. Complying with these requirements is essential for offenders. If you have to comply with any of these registration requirements, you should seek the assistance of a seasoned criminal defense counsel, such as Chris Eskew of Eskew Law, LLC, as soon as possible to ensure your compliance and prevent any additional charges.
Publication of Registry Information
According to Ind. Code § 11-8-8-7, the local law enforcement authority with whom a sex offender registers is required to make and publish a photograph of the offender on the Indiana sex offender registry website. They must also notify every law enforcement agency having jurisdiction in the county where they reside and update the National Crime Information Center National Sex Offender Registry data base.
When an offender registers, he or she must provide the following information:
- Identifying information including full name, alias, any previous names, date of birth, sex, race, height, weight, hair color, eye color, any scars, marks, or tattoos, social security number, driver’s license or state ID card number, vehicle plate number or identification number that the registering offender owns or operates on a regular basis, principal residence address, other addresses where the offender spends more than seven nights in a fourteen-day period, and mailing address, if different from the principal residence address;
- A description of the offense for which the sex offender was convicted, the date of conviction, the county of conviction, and the sentence imposed, if applicable;
- A recent photograph of the offender;
- The name and address of each of the offender’s employers or schools enrolled in Indiana, and the address where the offender stays or intends to stay while in Indiana;
- Any designation as a sexually violent predator or any requirements to register for life; and
- Any electronic mail address, instant messaging username, electronic chat room username, or social networking web site username that the sex offender uses or intends to use.
If a sex offender changes his or her principal residence address, or the place where the offender stays in Indiana, he or she is required under Ind. Code § 11-8-8-11 to report to the local law enforcement authority with jurisdiction over the offender’s current principal address or location no more than 72 hours after the address change. The same applies if the offender changes his or her principal place of employment, vocation, campus or school enrollment location. Additionally, if the offender changes or obtains a new email address, instant messaging username, electronic chat room username, or social networking web site username, he or she must report in person to the local law enforcement authority no more than 72 hours after the change or creation of the address or username and provide the new address or username.
Registered sex offenders also have an annual reporting requirement. Under Ind. Code § 11-8-8-14, they must report in person to the local law enforcement authority once every 365 days to register and be photographed.
Under Ind. Code § 11-8-8-17, a sex offender is guilty of a Level 6 felony punishable by up to two and a half years of imprisonment and a fine not exceeding $10,000 as provided by Ind. Code § 35-50-2-7 if he or she knowingly or intentionally:
- Fails to register when required to register under this chapter;
- Fails to register in every location where the sex or violent offender is required to register;
- Makes a material misstatement or omission while registering as a sex offender;
- Fails to register in person as required; or
- Does not reside at the sex offender’s registered address or location.
If the offender who committed a registration violation has a prior unrelated conviction for an unrelated registration violation offense, or any other requirement for sex offenders, it is considered a Level 5 felony punishable by a possible prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6.
If you are seeking to ensure compliance with these registration requirements in Indianapolis or anywhere in the Central Indiana area, or if you are facing charges of registration violations, you must contact an experienced criminal defense attorney immediately. Call Eskew Law, LLC at (317) 974-0177 or submit our online consultation request form. We will review your case, conduct a thorough analysis, and help you determine your next steps.