State v. Irby

Citations

• 2026 Ohio 2208

Syllabus

SEX OFFENSE – MEGAN'S LAW – REGISTRATION – OUT-OF-STATE OFFENDER – CREDIT – FORMER R.C. 2950.07(E): Where defendant had been convicted of a sexually oriented offense in Minnesota and was required to register as a sex offender there, and defendant later moved to Ohio, his duty to register in Ohio as a sexually oriented offender under Ohio's version of Megan's Law was governed by Ohio law and not Minnesota law. Where defendant was convicted of failing to verify his current address and had filed a motion to dismiss the indictment on the basis that he had completed his ten-year registration duty under Ohio law, defendant was entitled to credit for the time he complied with his registration requirements in Minnesota, even though he had not requested credit under former R.C. 2950.07(E). Defendant was entitled to credit against his Ohio registration duty for the time he registered as required in Minnesota even though he was not at all times compliant with his Minnesota registration requirements. Where the record shows that, adding the time defendant registered as required under Minnesota and Ohio law, defendant has registered for the ten-year period required under Ohio law, he is no longer required to register as a sexually oriented offender in Ohio, and the trial court erred in denying his motion to dismiss the indictment for failing to verify his current address.