OF CORRECTION, et al,
Appeal from the United States District Court for the
Southern District of Indiana, Indianapolis Division.
No. 1:16-cv-02865-RLY-TAB — Richard L. Young, Judge.
ARGUED JANUARY 14, 2020 — DECIDED JANUARY 6, 2021
Before ROVNER, WOOD, and ST. EVE, Circuit Judges.
ROVNER, Circuit Judge. Sex offender registration and notification
laws have a unique place at the intersection of criminal
and civil law. These civil laws impose cumbersome and
often lifelong burdens on former criminal perpetrators, many
of whom have finished all forms of imprisonment and post-imprisonment
supervision. For this reason, they are frequently
challenged as unconstitutional. In this case, the plaintiffs
have challenged Indiana’s Sex Offender Registration
Act (SORA) as it applies to offenders who have relocated
to Indiana from other states after the enactment of SORA, and
who are forced to register under the law, but would not have
been required to do so had they committed their crimes as
residents of Indiana prior to the enactment of the relevant
portions of SORA and maintained citizenship there. The district
court found the registration requirements to be unconstitutional,
and we uphold the district court’s finding that this
application of SORA violates the plaintiffs’ right to travel.
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