Persons convicted of sex offenses prior to 1994, may no longer need to register as sex offenders in the State of Indiana. In an appeal brought by Indianapolis criminal attorney, Kathleen M. Sweeney, the Indiana Supreme Court held that requiring a person, who was convicted a sex offense prior to 1994, to register as a sex offender violates the Indiana Constitution prohibiting ex post facto laws (http://www.indianadefenders.com).
The case, Wallace v. State, has profound implications for civil and constitutional rights of individuals with these types of criminal convictions. Wallace was convicted of child molesting in 1988 and completed his probation in 1989. According to Sweeney, Indiana did not create a sex offender registry until 1994. However, Indiana expanded the registry in 2001 and 2006. Wallace did not receive notice until 2003 that he was required to register. He refused, was prosecuted and convicted of failing to register. Wallace appealed and finally prevailed on April 30, 2009 when the Indiana Supreme Court issued its opinion (http://www.indianadefenders.com/
“The Indiana Supreme Court’s decision is a great victory for the liberty of Indiana citizens,” said Sweeney. Most notable is that the Indiana Supreme Court becomes one of the first courts in the country to find that the sex offender registry, in certain circumstance, is punitive and continuation of a person’s criminal sentence. Most courts have held that the sex offender registry is a civil action and not subject to the constitutional restrictions.
It is clear that any person convicted of a sex offender crime (http://www.indianadefenders.com/
Kathleen M. Sweeney has practiced law for over 24 years representing people accused of crimes and protecting their rights throughout the State of Indiana.
