Francis v. State
2017 Ohio 8804
Ohio Ct. App.2017Background
- James M. Francis III pleaded guilty in Pennsylvania (1998) to: Involuntary Deviate Sexual Intercourse with a person <16 (first-degree felony) and Indecent Assault of a person <13 (misdemeanor); sentenced and later released in 2007.
- Under 1998 Pennsylvania law Francis was required to register as a sex offender (initially 10 years), later converted to lifetime under Pennsylvania’s retroactive application of Megan’s Law.
- Francis moved to Ashtabula County, Ohio in 2013; the Ashtabula County Sheriff classified him as a Tier III sex offender (sexual predator/Tier III reporting).
- Francis petitioned (Oct. 8, 2015) in Ashtabula County Court to be reclassified, seek credit for prior registration, and relief from community-notification and quarterly reporting; parties submitted joint stipulations and no witnesses at the evidentiary hearing.
- Trial court found some stipulations incorrectly stated Ohio law, applied Ohio law in effect when Francis moved to Ohio, concluded the Pennsylvania conviction was substantially equivalent to Ohio rape/sexual-battery provisions, denied reclassification, and dismissed the petition.
- Francis appealed, arguing his Pennsylvania conviction was not substantially equivalent to Ohio offenses and that Tier III classification was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1998 Pa. C.S. §3123 (involuntary deviate sexual intercourse <16) is substantially equivalent to Ohio sexually oriented offenses (R.C. 2950.01(A)) | Francis: PA offense lacks forcible-compulsion element and PA registration/verification period differed, so not substantially equivalent | State: PA offense is substantially equivalent to Ohio rape/sexual-battery definitions for purposes of registration | Court: PA §3123 is substantially equivalent to Ohio rape/sexual-battery; registration applies |
| Whether Francis’s out-of-state conviction supports Tier III classification under R.C. 2950.01(G) | Francis: Out-of-state conviction does not match Tier III offenses listed in R.C. 2950.01(G) | State: Because conviction is substantially equivalent to R.C. 2907.02/2907.03, Tier III classification is proper | Court: Classification as Tier III was appropriate |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (Ohio Supreme Court holding retroactive lifetime registration under Megan’s Law violates state constitutional prohibition on retroactive laws)
- Walsh v. Bollas, 82 Ohio App.3d 588 (11th Dist. 1992) (parties cannot stipulate to matters contrary to law)
- Miller v. Cordray, 184 Ohio App.3d 754 (10th Dist. 2009) (definition of "sexually oriented offense" includes out-of-state offenses that are "substantially equivalent")
- Core v. State, 191 Ohio App.3d 651 (10th Dist. 2010) ("substantial equivalence" does not require strict identity between statutes)
- Commonwealth v. Gaffney, 557 Pa. 327 (Pa. 1999) (Pennsylvania Supreme Court applying Megan’s Law amendments retroactively)