Ind. Code § 35-46-1-15.1 : CRIMINAL LAW AND PROCEDURE — MISCELLANEOUS OFFENSES — OFFENSES AGAINST THE FAMILY —46-1-15.1 - Invasion of privacy; offense; penalties

(a) A person who knowingly or intentionally violates:

(1) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);

(2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);

(3) a workplace violence restraining order issued under IC 34-26-6;

(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;

(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;

(6) a no contact order issued as a condition of probation;

(7) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);

(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;

(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);

(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:

(A) tribe;

(B) band;

(C) pueblo;

(D) nation; or

(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.);

that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;

(11) an order issued under IC 35-33-8-3.2; or

(12) an order issued under IC 35-38-1-30;

commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this subsection.

(b) It is not a defense to a prosecution under subsection (a) that the accused person used or operated an unmanned aerial vehicle in committing the violation.

(c) A sex offender under IC 11-8-8-4.5 who:

(1) establishes a new residence within a one (1) mile radius of the residence of the victim of the offender's sex offense;

(2) intends to reside (as defined in IC 35-42-4-11(b)) at the residence; and

(3) at the time the sex offender established the residence, knew or reasonably should have known that the residence was located within a one (1) mile radius of the residence of the victim of the offender's sex offense;

commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony if the sex offender has a prior unrelated conviction under this subsection.

(d) The victim of the sex offender's sex offense may not be prosecuted under subsection (c) if the victim's liability is based on aiding, inducing, or causing the offender to commit the offense described in subsection (c).

(e) Subsection (c) does not apply to a sex offender who has obtained a waiver of residency under IC 35-38-2-2.5 or IC 35-38-1-33.

IC 35-46-1-15.1

Amended by P.L. 266-2019,SEC. 15, eff. 7/1/2019.

Amended by P.L. 87-2018,SEC. 3, eff. 7/1/2018.

Amended by P.L. 107-2017,SEC. 10, eff. 7/1/2017.

Amended by P.L. 65-2016, SEC. 37, eff. 7/1/2016.

Amended by P.L. 158-2013, SEC. 557, eff. 7/1/2014.

As added by P.L. 1-1991, SEC.201. Amended by P.L. 49-1993, SEC.14; P.L. 242-1993, SEC.5; P.L. 1-1994, SEC.170; P.L. 23-1994, SEC.17; P.L. 303-1995, SEC.1; P.L. 1-1997, SEC.153; P.L. 37-1997, SEC.3; P.L. 1-1998, SEC.199; P.L. 1-2001, SEC.42; P.L. 280-2001, SEC.53; P.L. 1-2002, SEC.150; P.L. 133-2002, SEC.67; P.L. 104-2008, SEC.22; P.L. 94-2010, SEC.12.