A man who moved back to Indiana in 2013 after he was convicted of child molesting in 1989 must still register as a sex offender, the Indiana Supreme Court ruled Tuesday. His registration does not cause an ex post facto violation nor place an additional punishment on him.
Kevin Ammons committed child molesting in 1988 and was convicted in 1989, before the passage of any part of Indiana’s Sex Offender Registry Act. He registered as a sex offender after being released and moved to Iowa in 2009, where he was convicted of not registering as a sex offender. After serving his sentence, moved back to Indiana in 2013. He challenged the state compelling him to register as a sex offender in 2014, saying registration violated the ex-post facto clause of the Indiana Constitution.
In the per curiam decision, the justices said “statutes requiring an Indiana resident to register were non-punitive in intent and effects when applied to an offender already required to register in another jurisdiction.”
“Because Ammons was already under obligation to register, and Indiana Code sections 11-8-8-5(b)(1) and -19(f) do not impose any additional punishment on him, we find no ex post facto violation,” the justices wrote in Kevin Allyn Ammons v. State of Indiana, 45S03-1604-CR-167.