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In re C.P.

Citations

  • 2022 Ohio 4087

Syllabus

Juvenile sexually oriented offense classification R.C. 2152.82 Tier II sex offender PRQJOR classification unconstitutional. Judgment vacated and remanded. The juvenile court was required to classify the juvenile under R.C. 2152.82 as juvenile offender registrant at the time the court issued its dispositional order in November 2019. That did not occur, however. Instead, the juvenile court did not classify the juvenile until November 2021, which was one month prior to his release date from ODYS. Because the juvenile was not classified at his disposition hearing in November 2019, the juvenile court erred by classifying him as a Tier II sex offender at the November 2021 hearing. The juvenile court further erred when it classified the juvenile as a PRQJOR in its March 9, 2022 judgment entry because the Ohio Supreme Court had found that R.C. 2152.86 is unconstitutional. Therefore, the juvenile's Tier II sex-offender classification and PRQJOR classification are vacated from the March 9, 2022 judgment entry. The matter is remanded to the juvenile court to issue a new dispositional judgment entry without the Tier II sex-offender and Public Qualified Juvenile Registrant classifications.

Judges: Boyle

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