State v. Overton, 2024 Ohio 1425

Daniel W. Overton, a convicted Tier I sex offender, was required to register his address and report any changes to the sheriff for 15 years following a 2010 conviction.
In November 2021, Overton was indicted for failing to provide notice of a change of address, a third-degree felony, after leaving his previously reported location without updating authorities.
Overton had previously been convicted in 2020 for failing to register as a sex offender.
A competency evaluation found Overton initially not competent to stand trial; after 1.5 years, he was found competent and proceeded to trial in 2023.
Evidence showed that Overton had left the reported location, was found in different counties, and did not notify law enforcement of his whereabouts.
The jury convicted Overton, and the court sentenced him to a total of 72 months in prison as a repeat offender.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for conviction	State proved Overton changed address and did not notify	Evidence insufficient; failure to register due to homelessness or mental state	Conviction affirmed; evidence sufficient
Applicability of homelessness defense	Homelessness does not exempt registration requirements	Homelessness made compliance unreasonable/impossible	Homelessness not a defense
Strict liability of the offense	State need not prove intent	Defendant's intent/mental state should be considered	Strict liability offense
Validity of sentencing enhancement	Repeat offender enhancement proper	Enhancement was improper	Enhancement affirmed

State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sets standard for sufficiency of evidence in criminal cases)
State v. Cook, 83 Ohio St.3d 404 (Ohio 1998) (failing to register as a sex offender is sufficient for criminal liability)
State v. Ohmer, 162 Ohio App. 3d 150 (Ohio Ct. App. 2005) (test for change of address under sex offender registration laws)