Delaware v. Boggs
2018 Ohio 4677
Ohio Ct. App.2018Background
- In Sept. 2017 Sean T. Boggs sent repeated Facebook Messenger messages to his ex-paramour E.M. about seeing their child; E.M. told him to stop and threatened police.
- Boggs continued messaging after being told to stop; E.M. provided screenshots and reported the conduct to police.
- Boggs was charged with one count of Telecommunications Harassment under R.C. 2917.21(A)(5).
- He moved to dismiss for insufficiency and vagueness; the trial court denied the motion.
- Boggs pleaded no contest to stipulated facts; the court found him guilty, imposed a suspended 180‑day sentence, a $200 fine, and a no-contact order.
- Boggs appealed, arguing (1) insufficient evidence to support conviction under R.C. 2917.21(A)(5), and (2) the statute is unconstitutionally vague (premises undefined; internet not covered).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict under R.C. 2917.21(A)(5) | The State: stipulated facts and screenshots show Boggs knowingly continued telecommunications after E.M. told him to stop. | Boggs: conduct did not rise to criminal harassment; cites Ellison to argue lack of required intent in related provisions. | Affirmed — stipulation/admissions and evidence suffice for A(5) which does not require specific harassing purpose. |
| Vagueness/overbreadth of R.C. 2917.21(A)(5) (definition of “premises” and internet coverage) | The State: statutory definitions of “telecommunication” and “telecommunications device” encompass electronic means; statute is presumptively constitutional and affords fair notice. | Boggs: statute vague because "premises" is undefined and thus may not encompass internet/Facebook. | Affirmed — petitioner failed to prove vagueness beyond reasonable doubt; statute gives ordinary person fair notice and covers electronic communications. |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (standard for sufficiency review described)
- Knapp v. Edward Laboratories, 61 Ohio St.2d 197 (1980) (appellate presumption of regularity when transcript absent)
- City of Norwood v. Horney, 110 Ohio St.3d 353 (2006) (void-for-vagueness fair‑notice test)
- State v. Ellison, 178 Ohio App.3d 734 (2008) (MySpace postings analyzed under R.C. 2917.21(B))
- State v. Jenks, 61 Ohio St.3d 259 (1991) (appellate court not to substitute credibility determinations of factfinder)