The legislature intended that contributing to delinquency as a Class A misdemeanor does not require the defendant’s knowledge of the child’s age, but the greater offense of contributing to delinquency as a Level 5 felony does require such knowledge.
M. Bailey
State v. Brooks-Brown 24A-CR-627, __ N.E.3d __ (Ind. Ct. App., Oct. 16, 2024).
Evidence that a person was an alleged victim of human trafficking at the time of an alleged crime may be used to dispute the mens rea required to prove the charged crime.
Peters v. Quakenbush, No. 24A-PL-405, __ N.E.3d __ (Ind. Ct. App., Sept. 13, 2024).
The plain language of the other-jurisdiction provision of Indiana’s Sex and Violent Offender Act compels registration for individuals with out-of-state registration obligations regardless of the source of those obligations.
Henderson v. State, No. 24A-CR-667, __ N.E.3d __ (Ind. Ct. App., July 26, 2024).
Ind. Code § 35-50-2-7(c)(1) proscribes the application of alternative misdemeanor sentencing (AMS) to a second felony within three years when “the person has committed a prior unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor.” The statute employs past tense, as opposed to prospective, terminology; anticipated AMS for a prior unrelated felony would not bar AMS in a current case.
Brackenridge v. State, No. 23A-CR-2496, __N.E.3d __ (Ind. Ct. App., May 29, 2024).
To be classified as a serious violent felon, a defendant must have been convicted of a statutory listed felony. If a defendant’s qualifying felony conviction is reduced to a misdemeanor by virtue of the AMS statute, a defendant would no longer qualify as a serious violent felon.