Win in Indiana with ties to Florida
Some good news came out of the Indiana Supreme Court yesterday. Though the case does nothing to help us here in Florida (unless you plan on moving from here), it has an interesting tie to Florida and its lifetime registration requirement.
In 2013, Peters was convicted of sexual abuse in Illinois. He was ordered to be on the Illinois sex offender registry for 10 years. Three years later, he moved to Indiana. Indiana law has it’s own registration period, but in order to avoid people moving to Indiana just to reduce their period of registration, their law states that the person has to register for the longer of the period prescribed by Indiana law, or the period he or she is required to register in the other jurisdiction.
Since Indiana and Illinois were both 10-year periods, Peters’ registration was set to expire in October of 2023. That was all fine, except that in 2021 took a vacation in Florida. He never moved to Florida, just visited. But because Florida requires a sex offender to register a “temporary address” if they stay someplace for three or more days, Peters did the right thing and complied with Florida’s registration requirements.
We in Florida all know what happens next… Florida never removes you from their registry. Even if your only tie to Florida is a short (three day or more) vacation or business trip, you will remain on Florida’s registry for life! Well, shortly after Peters returned to Indiana, the Sheriff’s department notified him that instead of getting off in 2023, because of his vacation in Florida, he now had to register in Indiana for life!!!
Peters, having just had a major rug pulled out from under him, sued and lost in the trial court. Thankfully, Peters had the resilience and the resources to appeal. But the Court of Appeals affirmed (he lost). Both the trial and appellate courts basically ruled that Peters’ lifetime requirement in Florida (even though he’s no longer in Florida, didn’t commit his crime in Florida, never actually lived in Florida, just made a very unfortunate (and probably unknowing) decision to visit here briefly), triggered a lifetime registration requirement in Indiana.
Even more thankfully, Peters didn’t give up. Where most people would have run out of steam (or more likely, run out of money) he fought his case to the Indiana Supreme Court. And Won!!!
The Court ruled that Peters’ didn’t actually have a registration obligation in Florida since he was no longer working, living, or attending school in the state. Because he didn’t have to register in Florida, it can’t be used to extend his Indiana registration. Just because the State of Florida is unnecessarily cruel and chooses to continue to display the listings of people who are no longer in the state [NOTE That’s FAC commentary, not what the Court found], it can’t be used to move the finish line on his Indiana registration obligation.
The opinion can be found here:
Peters v. Quackenbush
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
Marge
There are only 50 states. Please go troll elsewhere.
That’s a good outcome although it seems like they had to get creative with the law to arrive at it. But does that apply if the crime was originally registered in Florida and the registrant was a resident of Florida? Because taken to its logical conclusion, this could strike down any lifetime registration.
So the moral of the story is never, ever go to Florida. If you’re in Florida get out! I did and my life is wonderful. I can go where I want, live where I want and not be bothered.
If anybody wants to relocate let me know. I’ll be glad to help.
Vinny
Relocate to where??
To Vinny can you tell me more about the relocate cause I’m in Florida and would love to have a fresh start in life without the stress of this registration
I sold my house in Florida and moved back to MA. I lived in Florida 6 years and never experienced what Florida required of me. I couldn’t even take my wife to a hospital because it was within 1000 feet of a restricted area.
I sued the county with three other men and won on constitutional grounds.
I left and now live in MA, the true land of the free.
That is what I need. The officer at the registration office told me I could move and not have to register anymore, he also said I could of had that happen here in Florida but I got a DUI in 2021 Foolish Mistake but he did say that I could move out of state and not have to worry. Are there any places there where I could park a RV and receive mail temporarily till I get situated, I’m disabled and really don’t make much per month. I was also charged as a minor in 1993 and what gets me on that when I was on house arrest my PO called me in and said I had to take a picture. But from what I was told any new sex offences after October of 93 would require that person to take the picture and all that stuff, I was charged in September of 93 as a minor 2 counts L&L I need a fresh start in life
Not only can you park an RV the state can help you get a personal care attendant for you if you need help with ADLs
The last time I was in Florida was 31 years ago; given the massive human rights abuses and having to register if longer than a couple of days, I don’t foresee myself ever visiting again.
I will never step foot in Florida again.
Convicted of sexual abuse? Must be on registry for life in IN, IL, FL and all 51 states.
51 states, Marge? Really?
Just saying
Jess all 51
LoL
Perhaps you should check out some of the sentences people are receiving because of the term “sexual abuse” I assure you many of the people on the registry are no more a sex offender than you or I. What a terrible thing to post.
Yes. Convicted by a jury of sexual abuse. The jury decided. The evidence was enough to send to prison. The jury of his peers have spoken. Abuse, molestation, battery, rape, predatory any and every thing…..straight to the registry in all 52 states, commonwealths, territories. Plus go on the registry for Canada and Mexico.
I’ll pray for you. You sound like you’ve been hurt and have a lot of resentments built up. Would you care to share why you feel the way you do towards people on the registry?
I’m in Massachusetts
I graduated from college over 40 years ago so maybe I have lost my mind, but when did we get a 51st state? Now I have to buy new flags.
I seem to live in the state of confusion.
Didn’t we acquire Canada or Greenland? /s
Cherokee, I think there’s only a couple trolls that get on here. They just use different names.
@marge
And just how does having someone on the registry for the rest of their life bring their reformation to completion after they get out of jail??