The Ohio Supreme Court is considering whether the state’s sex-offender labels amount to cruel and unusual punishment if the classification is a significantly harsher punishment than an offense warrants.
At issue is a sex offender label given a man convicted following his consensual affair with a 15-year-old girl when he was 21. Ohio law classifies sex with minors as crimes regardless if the act is consensual.
The court scheduled arguments Tuesday with a decision several weeks away.
Blankenship pleaded guilty to unlawful sexual conduct with a minor in 2012, served 12 days in jail and was classified as a second-degree sex offender.
His attorneys argue his punishment was not proportionate to his crime. Prosecutors say his punishment doesn’t violate the constitution.