Indiana § 35-42-4-10 - Unlawful employment by a sexual predator

§ 35-42-4-10. Unlawful employment by a sexual predator

Sec. 10. (a) As used in this section, "offender against children" means a person who is an offender against children under section 11 of this chapter.

(b) As used in this section, "sexually violent predator" means a person who is a sexually violent predator under IC 35-38-1-7.5.

(c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:

(1) on school property;

(2) at a youth program center;

(3) at a public park;

(4) as a child care provider (as defined by IC 31-33-26-1);

(5) for a child care provider (as defined by IC 31-33-26-1);

(6) as a provider of:

(A) respite care services and other support services for primary or family caregivers; or

(B) adult day care services;

(7) in any setting where the sexually violent predator or offender against children:

(A) has more than incidental and occasional contact with a child who is not accompanied by the child's parent, guardian, or custodian;

(B) has supervisory or disciplinary power over a child; or

(C) is expected to touch a child on a more than incidental and occasional basis; or

(8) at a facility or event that provides entertainment or programming primarily directed toward a child less than eighteen (18) years of age;

commits unlawful employment by a sexual predator, a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction under this section or based on the person's failure to comply with any requirement imposed on an offender under IC 11-8-8.

As added by P.L.6-2006, SEC.3; P.L.140-2006, SEC.31 and P.L.173-2006, SEC.31. Amended by P.L.1-2007, SEC.231; P.L.216-2007, SEC.46; P.L.158-2013, SEC.446; P.L.220-2019, SEC.3; P.L.156-2020, SEC.130; P.L.98-2025, SEC.3; P.L.111-2026, SEC.3.