Herron v. State, 55A05-0906-CV-341
5th Dist., 12-29-09, Ind.App.
Attorney: Steven C. Litz
Holding: Defendant, who was required by Arizona to register as a sex offender for life when he committed his offense in 1983, is a “sex offender” who is required to register for life under Indiana’s Sex Offender Registration Act. I.C. 11-8-8-19(f) provides that a person required to register as a sex offender in any jurisdiction shall register in Indiana for the period required by the other jurisdiction. Defendant waived his ex post facto argument based on Wallace v. State, 905 N.E.2d 371 (Ind. 2009) because he did not present the issue to the trial court. Waiver notwithstanding, the Act is not an ex post facto law as applied to Defendant. In Jenkins v. State, 905 N.E.2d 384 (Ind. 2009), plurality of Court held that portions of Indiana’s Sex Offender Registration Act requiring lifetime registration may be applied retroactively if the offender was already required to register at time of his offense. This was the case with Defendant, who was required to register as a sex offender when he committed his offense. Wallace, unlike Defendant, was not required to register when he committed his offense and therefore could not be subjected to the entirety of the Act. Held, trial court’s order affirming Defendant’s lifetime obligation to register in Indiana as sex offender affirmed.
