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ATTORNEYS FOR APPELLANT
Randall J. Hammond Randy M. Fisher Leonard, Hammond, Thoma & Terrill Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE
Gregory F. Zoeller Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

FILED
Apr 30 2009, 1:31 pm ______________________________________________________________________________

Indiana Supreme Court
_________________________________ No. 02S04-0803-CR-137 TODD JENSEN,

In the

of the supreme court, court of appeals and tax court

CLERK

Appellant (Plaintiff below), v. STATE OF INDIANA Appellee (Defendant below). _________________________________ Appeal from the Allen Superior Court, No. 02D04-9903-CF-129 The Honorable Frances C. Gull, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 02A04-0706-CR-351 _________________________________

April 30, 2009

Rucker, Justice.

Summary

In an opinion handed down today we concluded the Indiana Sex Offender Registration Act (Act), as applied in that case, violated the prohibition against ex post facto laws contained in the Indiana Constitution. See Wallace v. State, No. 49S02-0803-CR-138, ___ N.E.2d___, (Ind. Apr. 30, 2009). As we explain below the Act does not violate the Indiana constitutional ban on ex post facto laws as applied here.

Facts and Procedural History

In 1999, Todd L. Jensen was charged with count one vicarious sexual gratification, as a Class C felony, count two child molesting, as a Class C felony, and count three child molesting as a Class A felony. Under terms of a plea agreement Jensen pleaded guilty to the two Class C felony counts on January 18, 2000. The trial court sentenced Jensen on February 18, 2000, to a concurrent term of six years with three years executed and three years suspended to probation. Under terms of the Act then in effect Jensen was required to report and register as a sex offender for a period of ten years.

Jensen was released from prison and began the probationary period of his sentence on July 12, 2001. He was released from probation on July 12, 2004. Since his release, Jensen has annually reported and registered as a sex offender.

Effective July 1, 2006, the Legislature amended the Act in several respects. Significant to the case before us is an amendment requiring lifetime registration for a defendant whose offense qualifies the defendant as a sexually violent predator.1 Ind. Code

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Indiana Law