- Associated Press - Friday, November 6, 2015

INDIANAPOLIS (AP) - The Indiana Supreme Court has heard oral arguments on two cases that deal with registration of out-of-state sex offenders when they move to Indiana.

Since 2006, Indiana law has required sex offenders who must register in home states to also register in Indiana when moving there. The court heard the cases Thursday, wrestling with the question of whether the requirement stands for convictions prior to 2006, The (Munster) Times (https://bit.ly/1Nhicuq ) reports.

In one case, 27-year-old Sidney Tyson is accused of failing to register as a sex offender for a 2002 conviction in Texas after moving to Indiana in 2009. He was judged a juvenile delinquent as a 13-year-old for sexually assaulting a 10-year-old, and was required to register in Texas as a sex offender until 2014.

Tyson was stopped by Merrillville police in 2012, and was arrested for failing to register as a sex offender per the 2006 statute. His trial is on hold pending his challenge to the law. The Indiana Court of Appeals ruled in March that the trial should proceed.

Tyson’s attorney, Kristin Mulholland, told the Supreme Court that it’s unconstitutional for Indiana to require him to register because his conviction predated the law.

“You need to look at the date the offense was committed to determine if the law is ex post facto,” she said.

Deputy Attorney General J.T. Whitehead said the date of Tyson’s move is what matters. Whitehead said Tyson had plenty of notice that he would have to register.

Mulholland also separately argued that Tyson shouldn’t have had to register because the requirement applies only to offenders who were at least 14 years old when the crime was committed. Whitehead said that argument is a misreading of the requirement, and that Tyson was required to register because he moved to Indiana after turning 14.

A ruling by the Indiana Supreme Court is expected early next year.

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Information from: The Times, https://www.thetimesonline.com


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