Understanding the Criminal Justice System
Indiana law prohibits a convicted sex offender from using an “unmanned aerial vehicle” (popularly known as a “drone”) for certain purposes. The law doesn’t prohibit all drone use by sex offenders, however. Certain conditions have to be met.
First, the person must meet the definition of “sex offender,” meaning they have been convicted of any one of the roughly 20 crimes that fall within the legal definition of the term. Second, as a condition of the sex offender’s release, they must be prohibited from “following, contacting, or capturing images or recordings” of one or more individuals.
If those two conditions apply, then the sex offender is prohibited from operating a drone “for the purpose of” following, contacting, or capturing images or recordings of one or more individuals. If they do so, they can be convicted of a Class A misdemeanor or, if they have previously been convicted of the same crime, a Level 6 felony.
If you have served your time for a sex crime in Indiana and have been released, you may want to think twice about operating a drone, especially in a populated area. The fact is that drones make people nervous, and with a recent spike in unexplained drone sightings, people are more inclined than ever to report when drones are in their neighborhoods. In addition, cities and towns across the country, including in Indiana, are increasingly banning or regulating drone use within their borders. Fort Wayne, for example, requires drone operators to notify the city before operating drones in certain areas. Carmel prohibits drones at public events unless registered in advance with the Carmel Police Department.
Operating a drone draws attention, and even if you inadvertently photograph or observe someone while using a drone, you could be charged with violating Indiana’s law that restricts drone use by sex offenders. The question then would be whether your use of the drone was “for the purpose of” following, contacting, or taking images or recordings of one or more “other individuals.”
If you were convicted of a sex offense and have been released and are facing allegations that you violated Indiana’s law against certain types of drone use by a sex offender, contact Razumich & Associates for help. Prosecutors must be able to show that you were intentionally using the drone for purposes that the statute prohibits, and proving that may be difficult depending on the circumstances.
The fact is that once convicted of a sex offense, you may face an uphill battle when it comes to defending yourself against new allegations of criminal conduct – even if it’s unauthorized drone use. You need an experienced attorney by your side who knows how to protect your rights and who will vigorously defend you against the allegations you face. Call Razumich & Associates today at 317-983-5333 or use our contact form to get in touch with us. We will set up a confidential consultation to discuss your case and let you know how we can help.
