State v. Moody

Francis E. Sweeney, Sr., J.

{¶ 1} Defendant-appellee, Christina Moody, n.k.a. Christina Smith, was charged with contributing to the unruliness of a child, in violation of former R.C. 2919.24(A)(1).1 The charge was based upon Moody’s allowing 17-year-old Bryan Rutherford to stay overnight at her apartment without his mother’s consent. At the time, Moody shared the apartment with Bryan’s cousin, Ryan Smith, to whom she is now married.

{¶ 2} Prior to trial, appellant, the state, argued that former R.C. 2919.24 was a strict criminal liability statute. The trial court disagreed, instead finding that…