State v. Howard
983 N.E.2d 341
Ohio2012Background
- Howard, originally classified as a Megan’s Law habitual sex offender in 2000, was required to verify address annually and notify changes.
- Megan’s Law amendments in 2003 increased penalties for failures to report, creating a third-degree felony under former R.C. 2950.05 for certain underlying offenses.
- Megan’s Law was repealed by the Adam Walsh Act, effective January 1, 2008, and Howard was reclassified as a Tier III offender.
- Bodyke reinstated pre-AWA classifications and orders for those originally classified under Megan’s Law; the AWA reclassification provisions were held unconstitutional.
- Howard was indicted in 2010 for failing to notify a change of address and was sentenced to the mandatory minimum three years.
- The court held the penalty for Howard’s violation should reflect former R.C. 2950.99 as it existed immediately before Megan’s Law was repealed; current R.C. 2950.99 does not govern those Megan’s Law offenders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which penalty applies to Megan’s Law offenders who violate former 2950.05 after AWA repeal? | State argues applying the appropriate former penalty as in Bodyke-era law. | Howard argues retroactivity would attach the AWA-derived penalty | Former 2950.99 pre-repeal applies. |
| Is there an ex post facto retroactivity issue in applying pre-repeal penalties? | State contends penalties are not punishment for past acts but for post-repeal violations. | Howard contends retroactive application of higher penalties violates Ex Post Facto and Retroactivity Clauses. | No ex post facto violation; penalties relate to post-repeal violations, not past acts. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reinstates Megan’s Law classifications for pre-AWA offenders)
- State v. Gingell, 128 Ohio St.3d 444 (2011-Ohio-1481) (Megan’s Law classification reinstated; current AWA provision inapplicable)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (AWA retroactivity concerns; remand for Megan’s Law sentencing under pre-AWA law)
- State v. Milby, 2010-Ohio-6344 (2d Dist. No. 23798) (Milby held AWA reclassification improper; penalties revert to pre-AWA framework)
- State v. Cook, 83 Ohio St.3d 404 (1998) (punishment flows from new violation post-enactment, not past offense)
- State v. Adkins, 129 Ohio St.3d 287 (2011-Ohio-3141) (ex post facto analysis: punishment increases for current offense and notice; no retroactivity)