Ohio sex offender extension bill tier iii sex offender
All registered sex offenders must report to the county Sheriff all vehicles registered to them. All registered sex offenders must report to the county Sheriff any internet or email addresses to which they have access. All registered sex offenders must report to the county Sheriff any location where they serve as a volunteer. Current Classifications: 1. For more information on sex offender registration, refer to the Ohio Revised Code, section These facts show Blankenship's culpability in engaging in sexual conduct when the offender "knows the other person is thirteen years of age or older but less than sixteen years of age.
Sex Offender Registries; The Broken System
It is true that if M. But the legislature has chosen to draw the line at a difference of four years between the offender and the victim. Blankenship was six years older than M.
Blankenship, an adult, had a sexual relationship with a 15—year—old, fully aware of her age. He could have received 18 months in prison as a maximum sentence. Instead, he was placed on community control and served 12 days of a six-month sentence.go to link
Sexual Offender Information
These legislative gradations according to the victim's age reflect society's judgment that the culpability of the offender increases as the age of the victim decreases. There is no support in the law for Blankenship's contention that the maturity level of a "young adult" of 21 is similar to that of a juvenile and that his culpability should be reduced accordingly. Consent plays no role and is not a viable defense in determining whether a person has violated R.
A child under 16 is simply not legally capable of consent to sexual conduct with an adult. Blankenship's obligation to register in person in any county where he establishes residency, goes to school, or takes a job and to verify his residence address, place of employment, and place of education in person every days for 25 years is burdensome but does not reach that constitutional level. Our research reveals no case in which similar registration and verification requirements have been held to be cruel and unusual punishment.
Blankenship has not persuaded us to extend the law in the manner he suggests. The stated purpose of S. See, e. Proponents consider registration to be a more economical method of monitoring and preventing recidivism than the costly alternative of imprisonment. We cannot say that the requirements of semiannual address registration and verification are so unjustified as to constitute cruel and unusual punishment. Ohio Law. While it contains the same language as the United States Constitution "[e]xcessive bail shall not be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted" , it provides unique protection for Ohioans:.
The Ohio Constitution is a document of independent force. In the areas of individual rights and civil liberties, the United States Constitution, where applicable to the states, provides a floor below which state court decisions may not fall. As long as state courts provide at least as much protection as the United States Supreme Court has provided in its interpretation of the federal Bill of Rights, state courts are unrestricted in according greater civil liberties and protections to individuals and groups.
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Arnold v. Cleveland, 67 Ohio St.
Thus, Article I, Section 9 of the Ohio Constitution provides protection independent of the protection provided by the Eighth Amendment. Maxwell, 1 Ohio St. As with the Eighth Amendment, lack of proportionality is a key factor: "A punishment does not violate the constitutional prohibition against cruel and unusual punishments, if it be not so greatly disproportionate to the offense as to shock the sense of justice of the community.
Chaffin, 30 Ohio St.
We have established that the enhanced sex- offender reporting and notification requirements enacted by S. But we have not considered whether the punishment is cruel and unusual when applied to adults. We examined each separately, and in holding that R. While In re C. State v.
Sex Offender Registration in Ohio: Crimes & Classification Tiers
Bradley, 1st Dist. Hamilton No. C—, Ohio, WL As a point of comparison, the First District relied upon State v. Hairston, Ohio St. After examining the facts in its own case, the First District concluded:. We cannot say that the requirement that Bradley register as a sexual offender for 25 years and verify his information every days constitutes one of those rare cases where the punishment is so extreme as to be grossly disproportionate to the crime or that it is shocking to a reasonable person and to the community's sense of justice.
The concerns that led us to conclude that the requirement of lifetime registration for certain juvenile offenders violated Ohio's prohibition against cruel and unusual punishment in In re C.
Weitbrecht, 86 Ohio St. The General Assembly has seen fit to impose registration sanctions in cases involving sex offenses to protect the public. Indeed, such sanctions now are the norm. People v. Temelkoski, Mich. They cannot be said to be shocking to the sense of justice of the community.
While some may question whether the registration requirements are the best way to further public safety, questions concerning the wisdom of legislation are for the legislature. Butler v.
Jordan, 92 Ohio St. Greenville, 86 Ohio St. Arbino v. Cincinnati Enquirer, Div. Dupuis, 98 Ohio St. Blankenship has not met his burden to show that Tier II sex-offender registration requirements are cruel and unusual punishment. Chapter do not constitute cruel and unusual punishment in violation of either the Eighth Amendment to the United States Constitution or Article I, Section 9 of the Ohio Constitution.
The Tier II registration requirements do not meet the high burden of being so extreme as to be grossly disproportionate to the crime or shocking to a reasonable person. We therefore affirm the judgment of the court of appeals. It clearly does not. Ohio's current sex offender registration statute, Am. Cook, 83 Ohio St. Williams, 88 Ohio St. Hayden, 96 Ohio St. Wilson, Ohio St. Ferguson, Ohio St. To avoid losing federal funds allocated to Ohio, the legislature followed a federal mandate to designate offenders and classify them as Tier I, II, or III sex offenders based on the offense of conviction and to require them to register for the durations and frequencies specified by federal law.
In fact, in its most recent pronouncement, the United States Supreme Court described the federal sex offender registration law as establishing "[a] civil registration requirement" that "is eminently reasonable. Kebodeaux, ——— U. Instead of diametrically changing Ohio law, we should follow our precedent and established federal law and hold that classifying Blankenship as a Tier II sex offender does not punish him for an offense and therefore cannot violate the United States Constitution's prohibition against cruel and unusual punishment.
Megan's Law. Chapter and established a comprehensive system of sex-offender classification and registration, which applied regardless of when the underlying sex offense had been committed. Former R. The act also provided criminal penalties for failing to comply with its registration requirements. It provided in former R. Megan's Law required sexual predators to report every 90 days for life, former R. It required sex offenders to provide a current residence address, the name and address of any employer, any other information required by the Bureau of Criminal Identification and Investigation, and a photograph.
Additionally, the law required sexual predators to provide the license plate number of each motor vehicle owned by the offender or registered in the offender's name.