An Indiana appellate court has decided that requiring an individual with an out of state conviction who moves to Indiana to register as a sex offender, even when the registry didn’t exist in Indiana or in the state of conviction, does not violate Indiana’s Ex Post Facto constitutional prohibition.

The court analyzed whether the Legislature’s intent was to create a civil, non-punitive regulatory scheme, then considered seven factors to ascertain whether the registration requirement was so punitive as to transform it into a criminal penalty. They found that it was not.

You can read the opinion here: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=xPxjpsq5FraaH0Y9Mu5xmXGsYIxuEk9u0am-OIs0rrHSatATI_uIfqp_WNPc-1SY0

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