Wolf v. State

Citations

• 166 N.E.3d 143
• 2021 Ohio 5

Syllabus

SEX OFFENSES – OUT-OF-STATE OFFENDER – MEGAN'S LAW – SEXUAL PREDATOR – FORMER R.C. 2950.09(F)(2): Where an out-of-state sex offender subject to a lifetime registration requirement moves to Ohio, is automatically classified as a sexual predator under former R.C. Chapter 2950, Ohio's version of Megan's Law, and challenges his automatic classification pursuant to former R.C. 2950.09(F)(2), the trial court, in making its determination, is to examine why the out-of-state offender was required to register for life and whether that reason is substantially similar to a classification as a sexual predator in Ohio under former R.C. 2950.09(F)(2): the offender must prove the reason for the lifetime registration requirement in the other state and that the lifetime registration requirement is not substantially similar to a classification as a sexual predator under former R.C. 2950.09(F)(2). Lingle v. State, Slip Opinion No. 2020-Ohio-6788, ¶ 28 and syllabus. The cause must be remanded where the trial court did not make its determination under former R.C. 2950.09(F)(2) pursuant to the criteria set forth by the Supreme Court in Lingle.