State v. Talty

{¶ 1} Appellant, Sean Talty, challenges the imposition of a condition of community control that ordered him to make “all reasonable efforts to avoid conceiving another child” during his five-year probationary period. Because we hold that the antiprocreation order is overbroad, see State v. Jones (1990), 49 Ohio St.3d 51, 52, 550 N.E.2d 469, we vacate that portion of the trial court’s sentencing order.

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{¶ 2} On February 27, 2002, the Medina County Grand Jury indicted Talty on two counts of nonsupport in violation of R.C. 2919.21(A)(2) or (B), a fifth-degree felony. After initially pleading not…