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ATTORNEY FOR APPELLANT Alan K. Wilson Muncie, Indiana

ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Nicole Dongieux Wiggins Deputy Attorney General Indianapolis, Indiana

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Indiana Supreme Court
_________________________________ No. 18S04-1009-CR-502 JEFFERY SLOAN,

In the

FILED
Jun 01 2011, 10:34 am
of the supreme court, court of appeals and tax court

CLERK

Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Delaware County Circuit Court, No. 18C02-0806-FA-03 The Honorable Richard Dailey, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 18A04-0909-CR-544 _________________________________ June 1, 2011 David, Justice. We hold that once concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code section 35-41-4-2(h) (2008) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant. We also hold that under the facts of this case there was no double jeopardy violation because each challenged offense was established by separate and distinct facts.

Facts and Procedural History M.A., the victim, was born on May 1, 1978. Jeffrey L. Sloan is M.A.`s step-uncle and is approximately eleven-and-a-half years older than her. Sloan began molesting M.A. when she was six-years old and regularly molested her until she was thirteen. Over the seven years, Sloan inserted his finger into M.A.`s vagina hundreds of times and sometimes fondled and licked her breasts. After every occurrence, Sloan warned M.A. not to tell anyone. On at least one occasion, Sloan told M.A. she would go to jail if she disclosed the molestations. The last molestation occurred in 1991. From that point onward, M.A began to have less contact with Sloan. She saw him infrequently at family gatherings and would stay away from him if possible. In 2007, M.A. told her stepfather about the molestations. M.A. disclosed the information because Sloan was dating a woman who had two daughters, and M.A. was concerned for their well-being. M.A.`s stepfather called Sloan to confront him; Sloan responded, I thought she wanted it. On June 9, 2008, M.A. and her stepfather reported Sloan`s actions to the author ities. A few days later, Sloan made several recorded admissions. Shortly after, the State charged Sloan with Class A felony child molesting 1 and Class C felony child molesting.2 Before trial, Sloan filed a motion to dismiss the Class C felony charge, arguing that it was filed well after the applicable five-year statute of limitations.3 At the motion hearing, the State contended that Sloan committed acts of concealment which tolled4 the statute of limitations and pointed to our decision in Crider v. State, 531 N.E.2d 1151 (Ind. 1988), for support. The trial court denied Sloan`s motion to dismiss. A jury convicted Sloan of both counts. Before sentencing, Sloan filed a motion to vacate judgment. Sloan argued convictions for both offenses violated double jeopardy principles be-

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Ind. Code

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Indiana Law