IN: Sex offender ban includes grandparents

A grandparent who has been convicted as a sexually violent predator would not be able to care for his or her grandchildren under the current version of a bill barring predators from serving as child care providers. That possible scenario is perhaps the last remaining concern among legislators who have so far been unanimous in passing Senate Bill 258, resulting from a loophole found when an Anderson sexual offender advertised as a babysitter. Full Article

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IN: Northwest Indiana legislators support bills closing loopholes in sex offender laws

[chicagotribune.com – 1/25/19] Northwest Indiana legislators said they are in support of bills looking to close some of the loopholes in the state’s sex offender laws. One of those bills would ban sexually violent predators or offenders against children from working as a child care provider or baby sitter, while the other prevents a convicted sex or violent offender from petitioning for a name change. “A lot of the issues that I’ve taken on are all things just like that, where there’s this loophole where it’s a small issue that…

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IN: Sex offender questions meaning of ‘obscene’

[tribstar.com – 11/25/18] When community corrections officers went to check on Nathaniel Bennett, who was serving an in-home sentence for sexual misconduct with a minor, they found a cellphone with videos of a couple having sex. The phone also had what was described as “selfies” of Bennett and about 10 pictures of a nude woman. The contents of the phone violated a court order which barred Bennett from possessing obscene material, prosecutors maintain. Bennett also reportedly failed to make court payments. Marion County Superior Court Judge Lisa Borges removed Bennett…

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IN: Bill that prevents sex offenders from living near victims signed by governor

INDIANAPOLIS – A bill authored by State Sen. Mike Bohacek, R-Michiana Shores, that prevents sex offenders from living near victims was ceremonially signed into law Monday by Gov. Eric Holcomb. Senate Enrolled Act 12 makes it unlawful for a sex offender to intentionally establish residence within one mile of their victim. Although this is current law for victims who are minors, SEA 12 extends the protection to all victims regardless of age. Full Article

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IN: 7th Circuit prohibits sex offender from voting at local high school

[theindianalawyer.com 5/8/18] In a decision handed down one day before Indiana’s 2018 primary election, the 7th Circuit Court of Appeals found a rational relationship between an Indiana statute prohibiting sex offenders from entering school property and the state’s interest in protecting children. The court ruled the state does not violate a convicted sex offender’s voting rights by prohibiting him from voting at a polling place located in a high school, and instead requiring him to vote via one of three alternatives. In Brian Valenti v. Connie Lawson, et al., 17-3207,…

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IN: Indiana Supreme Court suggests declaratory judgment a better avenue to challenge collateral consequences

[floridaactioncommittee.org 4/30/18] Although the Indiana Supreme Court ruled against a registered sex offender father trying to attend his son’s school events, they did give him some guidance on how to go about his challenge. Douglas Kirby plead guilty to child solicitation eight years ago and was sentenced to eighteen months probation. While he was on probation (and until 2015) he was permitted to come on campus to see his son’s school activities. That was until Indiana passed a law in 2015 making it a felony for him to ” knowingly…

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IN: Justices to decide if sex offender dad can go to son’s school activities

The Indiana Supreme Court must decide if a Howard County father can attend his son’s school activities despite his serious sex offender status after hearing arguments Thursday on an ex post facto claim. After being convicted of child solicitation in 2010, _____ ____ was sentenced to 18 months of probation and was ordered to register as a sex offender for 10 years. However, the Howard Superior Court granted ____ special permission to continue attending his son’s school activities on school property, despite his sex offender status. But when the Unlawful…

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IN: Bill would limit sex offenders’ time at church schools

When Boone County law enforcement officials sent a letter telling registered sex offenders they couldn’t go to church where there were children’s programs, three of the letter recipients filed a lawsuit. The men claimed they couldn’t exercise their religion for fear of being arrested. They won their case with the Indiana Court of Appeals. Now, a state senator is trying to set a time limit under which sex offenders can attend churches when children are present. Full Article

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IN: Sex Offenders Sue Over Indiana Registry Requirement

[US News] INDIANAPOLIS (AP) — Three men have filed a lawsuit over an Indiana requirement that they register as sex offenders when moving to the state, saying they’re being treated differently than other residents in similar situations. Patrick Rice, Adam Bash and Scott Rush all were convicted out of state and before the enactment of the Indiana Sex Offender Registration Act, The Indianapolis Star reported. The men’s lawsuit says that in accordance with an Indiana Supreme Court ruling, the Department of Correction does not typically require sex offenders convicted before…

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MI: Zachery Anderson denied termination of probation

For someone who probably should not have been prosecuted in the first place, Zach Anderson is certainly continuing to get a raw deal from the system. Now 22, when Zach was 19 he had sex with someone he met on line who claimed she was 17. Turns out she was only 14. Even though she admitted to lying about her age, Zach was sentenced to jail time, probation and 25 years on Michigan’s sex offender registry. Full Article

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IN: Justices to decide if sex offender’s internet restriction unconstitutional

After being convicted of incest with his teenage niece, a Tippecanoe County man’s sentence contained several probation conditions, including a prohibition on accessing websites “frequented by children” and a prohibition on internet use without prior approval. Those conditions are the subject of an appeal now under review by the Indiana Supreme Court, which will decide whether the conditions, as applied, are unconstitutional. During oral arguments Thursday in Kristopher Weida v. State of Indiana, 79S02-1711-CR-00687, Brian Karle, counsel for Weida, argued against the constitutionality of the probation conditions, telling the justices the…

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