Overview of Zachary's Law

Zacharys Law Overview

Zachary’s Law was passed in 1994 in honor of Zachary Snider, a 10 year old Cloverdale, Indiana boy who was molested and murdered by a neighbor who had been previously convicted of child molesting. Under Zachary’s Law, convicted sex offenders are required to register with the local law enforcement authority of their county of residence. The Zachary Law statute 5-2-12 was replaced in July of 2006 by Indiana statute IC 11-8-8. This statute now details the duties and responsibilities of law enforcement agencies across the state, as well as the responsibilities of the convicted offender.

There are three types of offenders:
Sexually Violent Predators (defined in IC 35-38-1-7.5)
Offenders Against Children (defined in IC 35-42-4-11)
Sex Offenders (defined in IC 11-8-8-5)

There are two registration periods; 10 year and lifetime.

Sexually Violent Predators and other offenders convicted of a sex offense against a victim who was under the age of 12, or offenders who were convicted of using force or the threat of force must register for life.

Offenders not described above must register for 10 years. This registration period starts the day the offender is released from incarceration or the day the offender is placed on parole or probation, which ever occurs last.

All sex offenders are required to notify the local law enforcement authority (in Allen County this means The Allen County Sheriff's Department) within 3 days of any change in principal address, employment, or schooling.

If an offender has been living, working, or going to school at an address other than the address listed on the Allen County Sex Offender Registry or the Indiana Sex Offender Registry, that offender MAY be in violation of the law.

Please call the Allen County Sheriff's Department's S.O.R.N Team at (260) 449-3074 so they can determine the offender's status. You can also submit information anonymously at www.indianasmostwanted.com

Below you will find a brief overview of the law. You can view the complete text of all of Indiana's statutes by visiting Access Indiana at www.in.gov

Remember these 16 highlights are brief simplified statements concerning the law. Please refer to Indiana Code 11-8-8 for the complete text of the law.

Offenders must register their “principal address” with Sheriff’s Department in the county where they live. This must be done within 7 days of their release from custody. Sexually Violent Predators must register within 3 days of their release from custody.

“Principal address” means the address where an offender spends the most time.

In addition to registering with the county they live in, offenders must register in each county where they work or go to school. This must be done within 3 days of arriving in that county or counties.

If an offender changes their principal address, place of employment, or place of schooling, they must notify each Sheriff’s Department having jurisdiction over those addresses within 3 days of any change in address, employment, or schooling.

Offenders must have and keep with them a valid driver’s license or state issued identification card from their state of residence.

An offender who lives at a temporary residence such as The Fort Wayne Rescue Mission, a group home, or halfway house, must register IN-PERSON with the sheriff’s department at least once every 7 days during their stay at the temporary residence .

If an offender is planning on moving out of the county or to another state the offender must notify the Sheriff’s Department in writing AND register with the new county of residence within 3 days of the address change.

Offenders are required to register IN-PERSON at least once per year with the Sheriff’s Department in each county where they are required to register. Sexually Violent Predators are required to register every 90 days and they must register for LIFE. There are two types of registration periods, ten-year registration and lifetime registrations. The registration period starts the day an offender is released from incarceration, placed on parole or probation whichever occurs last.

If an offender visits or vacations in a different location for more than 7 days the offender is required by law to inform the Sheriff’s Department in the offender’s county of residence and the Sheriff’s Department in the county which the offender will be visiting

The Sheriff’s Department is required to personally visit an offender’s principal address at least once per year, or once every 90 days if the offender has been designated a Sexually Violent Predator.

A Sexually Violent Predator who will be away from his/her principal address for more than 72 hours must inform the Sheriff’s Department, in person or in writing,

AND

If a Sexually Violent Predator will be staying in another county for more than 72 hours he or she must notify the Sheriff’s Department in that county, in person or in writing,

That he / she will be in the county for more than 72 hours.
Where he / she will be staying.
How long he / she will stay in the county.

By definition a Sexually Violent Predator is an Offender Against Children, this means that BOTH Sexually Violent Predators and Offenders Against Children are CANNOT live within one thousand (1,000) feet of:
            (A) school property;
            (B) a youth program center; or
            (C) a public park

Sexually Violent Predators and Offenders Against Children CANNOT live within one (1) mile of the residence of the victim of the offender's sex offense.

A Sexually Violent Predator CANNOT work or volunteer:
        (1) on school property;
        (2) at a youth program center; or
        (3) at a public park;

If an offender :
        (1) fails to register;
        (2) fails to register in every county where they live, work, or go to school;
        (3) ; or
        (4) fails to register in person and be photographed at least one (1) time per year;
the offender could be charged with Failure to Register a Class D felony.

Offenders must register for life if ANY of the following apply :

victim was under 12 years old.
The offender used force or the threat of force against the victim or a member of the victim’s family;
The offender has been convicted of more than one sex offense.
The offender is a Sexually Violent Predator.