Indiana sex offender rules

After his child solicitation conviction, Douglas Kirby was sentenced to 18 months, all suspended to probation, and was ordered to register as a sex offender for 10 years. After initially losing his bid for post-conviction relief, Kirby successfully argued before the Indiana Court of Appeals that the statute was unconstitutional as applied to him because it amounts to a retroactive punishment in violation of the Ex Post Facto Clause. The state sought transfer of Douglas Kirby v. The Boone County Prosecutor, in his official capacity, et al. That ruling, however, led to the filing of Senate Bill , which would allow sex offenders to attend church only 30 minutes before or after worship services if the church property also houses an educational institution. The Supreme Court also granted transfer to a juvenile case last week, T.
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Which Indiana Sex Crimes Convictions Require Sex Offender Registration

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ACLU says Indiana sex offender law is tougher on new Hoosiers

The violent offender law requiring registration and a registry of violent offenders is unconstitutionally retroactive under the Indiana Constitution as applied to violent offenders who committed their offenses in Indiana before the date the law went into effect, July 1, , except insofar as the persons are required to register as a current condition of probation or parole. If you have been classified as violent offender as a result of committing the offense in Indiana prior to July 1, , and you are not currently required to register as a condition of probation or parole, the Indiana Department of Correction has been ordered to remove your name and all information concerning you from the sex and violent offender registry, unless you are convicted of other offenses that allow you to be currently classified as a sex or violent offender. This will be done automatically unless the Department of Correction cannot determine when the person committed the offense or whether he or she is required to register as a condition of probation or parole. If this occurs, the individual will receive a notice at his or her last known address with instructions as to how to contact the Indiana Department of Correction. And, if you are in the above category, the Sheriff of your county in Indianapolis, the Indianapolis Metropolitan Police Department has been ordered to cease imposing any registration requirements on persons classified as violent offenders as a result of committing the offense prior to July 1, , unless the person has committed other offenses that allow the person to be currently classified as a sex or violent offender. Additionally, the Sheriff in Indianapolis, the Indianapolis Metropolitan Police Department and the local Prosecutor have been ordered not to arrest or prosecute any persons in the above category for failing to register as a violent offender unless, the persons are required to register for another offense. Washington St.
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ACLU says Indiana sex offender law is tougher on new Hoosiers

The Indiana Sex Offender Registry was originally enacted in Despite being nearly a quarter-century old, there is still a great deal of misunderstanding about the registry. Many of these misunderstandings relate to things people think the registry requires. Violating the sex offender registry laws can lead to additional criminal charges.
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While your legal obligations may seem straightforward, sex offender registration rules can be complicated. Different sex offenses impose registration duties, and the duration of your responsibility to register varies. Still, there may be strategies to defend against the charges and obtain a favorable outcome.
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