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Strange Indiana Ruling on Residency Restrictions

By Corey Rayburnyung

A helpful reader drew my attention to this lower court ruling in Indiana (on the Indiana Law Blog) concerning residency restrictions in the state.  In analyzing whether the residency restrictions were designed to punish offenders, the court seemed to make an odd distinction:Had the Indiana General Assembly simply sought to penalize sex offenders if they had ever lived near a school or park, that would imply some sort of vendetta against the sex offenders themselves.  In this case, the General Assembly simply seeks to prohibit current behavior; that of a sex offender, someone who poses a risk to our children, from residing in zones with greater concentrations of children.This argument is almost the entirety of the court's explanation for why the statute is not designed to punish sex offenders which would raise ex post facto questions...continue to full post

Full post as published by Sex Crimes on February 27, 2008 (boomark / email).