State v. Smith

{¶ 1} In this appeal, we are asked to determine whether in prosecuting the crime of violating a civil stalking or sexually-oriented-offense protection order (“SSOOPO”) under R.C. 2919.27(A)(2), the state must prove that the order was delivered as required by R.C. 2903.214(F)(1) before the alleged offense occurred. For the reasons that follow, we conclude that to sustain such a conviction, the state must establish, beyond a reasonable doubt, that it served the defendant with the order before the alleged violation. Accordingly, we reverse the judgment of the court of appeals.

I. Facts and…