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Wednesday, February 17, 2010

Ind. Law - More on: (1) 'Sexting' bill headed for study; (2) Procedure for resolving 'Wallace' issues discussed

Supplementing this ILB just-posted entry, two items:

Sexting. A reader wrote last evening:

I was interested in your entry on Tuesday that mentioned the proposed sexting legislation, particularly the South Bend Tribune article that referenced Steve Johnson's observation that it is "clear some policy issues had not been thought through."

Last year, Judge Riley issued an opinion that touched on a related issue (with a dissent from Judge Vaidik). Judge Riley (with Judge Darden concurring) held that the "dissemination of matter harmful to minors" statute is unconstitutionally vague as applied to 16 and 17 year olds, in part because it is legal for adults to have sexual intercourse with 16 and 17 year olds in Indiana. The case is Herbert Salter v. State, and the opinion was issued on May 20, 2009. The opinion, particularly the full paragraph on p. 19, addresses concerns similar to those of Steve Johnson.

The ILB for some reason did not summarize Salter at the time (or any other case decided that day), but certainly should have!

Wallace. A brief story today in the Gary Post Tribune reports:

Lake Superior Court Judge Thomas Stefaniak Jr., ordered a Gary man released from jail and a felony count of failure to register as a sex or violent offender dismissed after determining the law was being applied retroactively.

Kevin Terrell Swafford, 34, spent three months in the Lake County Jail on the charge filed Nov. 16.

Defense attorney Alex Woloshansky filed a motion to dismiss the case. Melissa Iglesias-Inayat, the Lake County Sex and Violent Offender coordinator, said the crime of sexual battery, for which Swafford was required to register as a sex offender for 10 years, changed to a lifetime registration in 2007.

Swafford's 10-year registration ended in December 2005, but when he was released after serving time for battery, he was informed he had to register with the Lake County police.

He did register in January and June 2009, but when he was pulled over in November, it was learned he wasn't living at the address he'd provided.

Woloshansky pointed to a recent Indiana Supreme Court decision that prohibits the sex offender law from going into effect retroactively.

Richard P. Wallace v. State was decided last April, 2009.

Posted by Marcia Oddi on February 17, 2010 10:52 AM
Posted to Indiana Law