State v. Goode
2013 Ohio 556
| Ohio Ct. App. | 2013Background
- Goode was convicted in Akron Municipal Court of child enticement under R.C. 2905.05(A).
- Goode challenged the statute as facially overbroad before and during trial; trial court denied his Crim.R. 29 motion.
- The court sentenced him to 180 days in jail, suspended, and entered judgment of conviction.
- The appellate court held R.C. 2905.05(A) overbroad and unconstitutional on its face.
- The court sustained Goode's first assignment of error and reversed for acquittal, with other assignments deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is R.C. 2905.05(A) unconstitutional on its face or as applied to Goode? | Goode argues the statute is overbroad. | State contends the statute is not overbroad and is enforceable. | R.C. 2905.05(A) is facially overbroad and unconstitutional. |
Key Cases Cited
- State v. Chapple, 175 Ohio App.3d 658 (2008-Ohio-1157) (overbreadth of similar statute; not narrowly tailored)
- State v. Romage, 2012-Ohio-3381 (2012-Ohio-3381) (adopted Chapple reasoning; overbreadth concerns)
- Brown, 183 Ohio App.3d 643 (2009-Ohio-4314) (Second District decision; related to R.C. 2905.05(A))
- Cleveland v. Cieslak, 2009-Ohio-4035 (8th Dist.) (analysis of overbreadth in similar context)