IN: Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms

Source: 6/27/23

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.

In 2008, Kevin ____ was convicted in Kentucky of sexual abuse in the second degree. ____ received a one-year executed sentence with five months suspended to probation.

Under Kentucky law, a defendant convicted of that crime is required to register. Although the Kentucky court ordered ____ to register as a sex offender for 20 years, he never did.

____ moved to Indiana at some point after his conviction and placed his name on Indiana’s sex offender registry.

In April 2022, ____ petitioned the Madison Circuit Court to remove from the Indiana registry, but the trial court denied his request.

____ appealed, arguing that his registration as a sex offender in Indiana violates Indiana Code § 11-8-8-5 because the statute does not specifically define his Kentucky offense as a crime requiring registration.

____ also argued his registration constitutes an ex post facto punishment in violation of Article 1, Section 24 of the Indiana Constitution, and violates the privileges and immunities clause of Article 1, Section 23.

But the appellate court affirmed, with Judge Leanna Weissmann writing the unanimous opinion.

The COA rejected ____ ‘s argument that his Kentucky crime is unlike any of the specific offenses listed under I.C. 11-8-8-5 and, therefore, did not require him to be on Indiana’s sex offender registry.

“Our reading of the statute, however, convinces us that the out-of-state registration requirement independently requires his registration, regardless of any similarities, or lack thereof, with the crimes specifically listed there,” Weissmann wrote.

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Can Someone help me understand
if these laws are civil that carry a criminal charge for violating these civil laws then when a person cross state line (non sorna states for ease) then how can the new state say welcom to our civil law and your still must reg. as what the state where you were arrested says or here whichever is longer. i just dont understand

Wow, this is interesting. I actually have a friend I met at [non-government] treatment about 12 years ago that moved to Indiana; he was able to get a county judge to issue a ruling that said he wouldn’t have to register there. I’m wondering how this ruling would affect him. Sort of thinking I should text him, but then again, maybe not because it might just make him worry. I would assume the judge’s order would be enough?