Tennessee governor OKs bill allowing death penalty for child rape convictions
The new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child.
sex offenders
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Closing the gap?: New law clears up ‘black hole’ between adult, juvenile courts
A new law should erase a “jurisdictional gap” that has allowed people who commit offenses before their 18th birthday to essentially avoid legal consequences as long as charges weren’t filed until after they turned 21.
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Web Exclusive: COA considering legislation limiting child sex abuse victim depositions
A one-year-old law is before the Indiana Court of Appeals, which is considering whether the Legislature properly placed restrictions on when defense attorneys can take a deposition of a minor child alleged to be a victim of a sex crime.
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Web Exclusive: Senate passes bill extending sex crimes statute of limitations
A bill that would have done away with the statute of limitations for certain child sex abuse crimes is making headway in the 2020 Indiana General Assembly. But some advocates are disappointed in how the bill has panned out.
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Articles
Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
7th Circuit affirms release condition for convicted sex offender that failed to register
The 7th Circuit Court of Appeals affirmed Thursday a district court’s ruling to impose a supervised release condition on a convicted rapist that failed to register as a sex offender in Indiana.
Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
7th Circuit again reverses judgment for sex offenders who challenged registration requirement
Requiring sex offenders who are already subject to registration elsewhere to also register in Indiana rationally promotes public safety, the 7th Circuit Court of Appeals has ruled in reversing a district court’s judgment.
Indiana Supreme Court denies transfer, admonishes appellant for abusive behavior
The Indiana Supreme Court has denied transfer to a sex offender registration case, issuing a published opinion admonishing the appellant for abusing the appellate system and the clerk’s office staff.
Suspended Indiana priest avoids prison in sex abuse case
A suspended Indianapolis priest has avoided prison after pleading guilty to a lesser charge in a case alleging that he sexually abused a teenage boy.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
Lifetime registration affirmed for sexual offender despite statute change
A man required to register as a sex offender for the rest of his life after committing sexual battery did not convince the Court of Appeals of Indiana that a later amendment overhauling Indiana’s registration requirement for the same crime should apply to his case.
COA: Out-of-state sex offender registration requirement does not violate Indiana Constitution
The Court of Appeals of Indiana has upheld a finding that the retroactive application of the state’s sex offender registration requirements does not violate the Indiana Constitution’s ex post facto clause.
COA: Trial court didn’t err in child porn case
A split Court of Appeals of Indiana has determined a trial court didn’t err when it sentenced a Dubois County man to 21 years in prison after finding thousands of videos depicting child pornography on a hard drive in his home.
COA: Trial court erred in allowing opinion testimony during child molesting case, but didn’t commit fundamental error
A trial court erred in admitting opinion testimony by a detective during a child molesting case, but it wasn’t enough to establish fundamental error, the Indiana Court of Appeals has ruled.
Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim
A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.
Sex offender names ordered removed for ‘right to travel’ violation
Six men required to register as sex offenders after moving to Indiana can have their names removed from the sex offender registry, the 7th Circuit has held, finding that the state’s registration law discriminates between offenders who have consistently lived in Indiana and those who more recently moved into the state. A dissenting judge, however, disagreed with the majority’s holding that the registration law burdens the plaintiffs’ right to travel.
COA affirms man’s child molesting conviction, sentence
The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.
COA reverses denial of man’s bid to remove sexually violent predator designation
The denial of a man’s petition to remove his sexually violent predator designation was reversed on Monday after the Indiana Court of Appeals found he did not meet the statutory definition of an SVP.
COA: Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
Good time credit restored after inmate wins habeas petition
In noting the state did not provide any evidence to support its arguments, the Southern Indiana District Court restored an inmate’s earned credit time which he had lost for refusing to participate in a sex offender program.
Order vacating man’s removal from sex offender registry affirmed
A trial court that vacated its prior order removing a man’s name from the Indiana Sex Offender Registry was correct in doing so because the Indiana Attorney General’s Office had not been notified of the offender’s request to be taken off the registry, the Indiana Court of Appeals ruled Thursday.
Bill extending sex crimes statute of limitations advances to full House
“How many more victims will there be?” Dawn Price, a survivor of childhood sexual abuse, posed that question before the Indiana House Courts and Criminal Code Committee on Wednesday while testifying in support of legislation that would extend the amount of time victims have to prosecute their perpetrators.