Must Court Compare Elements of Ohio, Foreign State Laws In Setting Penalty for Sex Offender Registration Violation?

When Out-of-State Offender Fails to Comply With Ohio Registration Duties

5th District Court of Appeals (Holmes County)

ISSUE: In setting the penalty for a violation of Ohio's sex-offender registration requirements by a person whose sexually oriented offense was committed in another state, must a trial court strictly compare the statutory elements of the foreign state offense for which the defendant was convicted with the statutory elements of Ohio's various sex crimes, and base the offender's penalty on the level of offense for which he could be convicted in Ohio based on elements of the foreign state crime?