State v. Grigsby, 2017 Ohio 8760

In 2011 Grigsby (age 22) was charged with one count of unlawful sexual conduct with a minor (R.C. 2907.04) based on sexual conduct with a 15-year-old resulting in birth; the complaint alleged a six-year age difference.
He pled guilty in 2016 to a first-degree misdemeanor violation of R.C. 2907.04 (the reduced misdemeanor requires the offender be less than four years older than the victim).
Before sentencing the parties stipulated the sexual conduct was consensual; Grigsby moved to resolve consent prior to sentencing and an evidentiary hearing was held.
The trial court concluded Grigsby must register as a Tier I sex offender (later a sentencing entry mistakenly listed Tier II), reasoning he should be sentenced as if he were less than four years older due to the misdemeanor plea.
Grigsby appealed, arguing that because (1) he pled to the misdemeanor version (which presupposes <4-year age difference) and (2) the conduct was stipulated consensual and he had no qualifying prior sex convictions, Ohio law does not require sex-offender registration.
The appellate court reversed the registration order and remanded to vacate the Chapter 2950 designation, while affirming the conviction and other sentencing components.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Grigsby must register as a sex offender after pleading to first-degree-misdemeanor unlawful sexual conduct with a minor when the parties stipulated the conduct was consensual and he has no prior qualifying sex convictions	State: Actual facts control — Grigsby was actually more than four years older than the victim, so the offense qualifies as a "sexually oriented offense" under R.C. 2950.01(A)(3) and requires registration (Tier II)	Grigsby: The guilty plea admitted the elements of the misdemeanor (i.e., <4-year age difference); coupled with the stipulation of consent and no prior convictions, his conviction does not qualify as a "sexually oriented offense" and he is not subject to registration	Court: Plea controls — because Grigsby pled to the misdemeanor (which includes the <4-year element), and the parties stipulated consent and no priors exist, he is excluded from registration; registration order reversed and remanded to vacate designation

In re Von, 146 Ohio St.3d 448 (2016) (describing Ohio adoption of the federal Adam Walsh Act and R.C. Chapter 2950 classification scheme)
Bundy v. State, 143 Ohio St.3d 237 (2015) (discussing statutory framework replacing Megan’s Law with Adam Walsh Act classifications)
State v. Blankenship, 145 Ohio St.3d 221 (2015) (explaining Tier I vs Tier II classifications for R.C. 2907.04 convictions based on age difference, consent, and prior convictions)
State v. Williams, 129 Ohio St.3d 344 (2011) (holding classification and registration consequences are tied to the fact of conviction)
State v. Bibler, 17 N.E.3d 1154 (3d Dist.) (2014) (noting a guilty plea is an admission of the elements of the charged offense)