2013 Ohio 2724
Ohio Ct. App.2013Background
- John Wood, convicted of rape in 1993, was released on parole in 2010.
- Megan’s Law was enacted in 1997 and later repealed in favor of the Adam Walsh Act (AWA) in 2008.
- Upon release, Wood was classified as a Tier III sex offender under the AWA and notified of duties to report address changes.
- Wood was indicted in 2011 for failing to provide 20-day notice of a change of address.
- The trial court dismissed the indictment, holding Wood had no duties under either Megan’s Law or the AWA at that time.
- The First District reversed the dismissal, holding Megan’s Law duties could apply to Wood despite repeal because he accrued duties under Megan’s Law prior to repeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Megan’s Law duties apply to Wood for address-change notice? | Wood accrued Megan’s Law duties by operation of law. | Megan’s Law was repealed; no duties remained. | Megan’s Law duties applied; indictment valid. |
| Can the AWA be retroactively applied to Wood? | Williams bars retroactive application of the AWA. | Retroactivity issues were unresolved or not dispositive here. | AWA cannot be applied retroactively; not controlling for the indictment under Megan’s Law, which Wood faced. |
| Is the indictment proper because both Megan’s Law and AWA require 20-day address-change notice? | Indictment properly sets forth a 20-day notice under either regime. | No duties under Megan’s Law or AWA at fault time. | Indictment proper because duties exist under Megan’s Law, and the charge tracks either version. |
| What is the proper penalty framework for pre-AWA offenders under Megan’s Law? | Penalty distinctions under prior Megan’s Law should apply. | Not applicable since appeal focuses on indictment validity. | Howard governs penalty: the pre-AWA Megan’s Law regime controls the degree of offense. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (AWA cannot be applied retroactively)
- State v. Brunning, 134 Ohio St.3d 438 (Ohio 2012) (separate statutory schemes based on when offense occurred)
- State v. Howard, 134 Ohio St.3d 467 (Ohio 2012) (pre-AWA Megan’s Law regime governs penalties for certain offenses)
- State v. Cook, 83 Ohio St.3d 404 (Ohio 1998) (Megan’s Law applicability to offenders prior to enactment)
- State v. Hayden, 96 Ohio St.3d 211 (Ohio 2002) (designation as sexually oriented offender attaches in prison)