Hall v. State

Citations

• 2021 Ohio 3363

Syllabus

SEX OFFENSES – OUT-OF-STATE OFFENDER – SUBSTANTIALLY EQUIVALENT – DUTY TO REGISTER: Where the court cannot tell from a comparison of the statutes whether a move-in sexual offender's Kentucky offense is substantially equivalent to an Ohio offense, the court may go beyond the statutes and rely on a limited portion of the record to determine whether the Kentucky factfinder was required to find all the elements necessary for a conviction under the Ohio statute. The trial court did not err in determining that the Kentucky offense of sodomy in the second degree under KRS 510.080 is substantially similar to the Ohio offense of gross sexual imposition under R.C. 2907.05(A)(4) where the Kentucky court was required to find all the elements essential to a conviction under the Ohio statute.