Hevner v. State

RUCKER, Justice.

We consider a claim that the Indiana Sex Offender Registration Act ("the Act") constitutes retroactive punishment forbidden by the Ex Post Facto Clause contained in the Indiana Constitution because it requires the defendant to register as a sex offender, when the Act contained no such requirement at the time the defendant committed the triggering offense.

Facts and Procedural History

Between October and November of 2005, Indiana resident Gary M. Hevner downloaded on his computer a number of sexually graphic files depicting children. As a consequence, on April 28, 2006, the State…