OHIO REVISED
CODE 2950.04
SECTION 2950.04 - Duty to register, sexually oriented offense
(A)(1)(a) Immediately after a sentencing hearing is held on or after
January 1, 2008, for an offender who is convicted of or pleads guilty to a
sexually oriented offense and is sentenced to a prison term, a term of
imprisonment, or any other type of confinement and before the offender is
transferred to the custody of the department of rehabilitation and correction
or to the official in charge of the jail, workhouse, state correctional
institution, or other institution where the offender will be confined, the
offender shall register personally with the sheriff, or the sheriff’s
designee, of the county in which the offender was convicted of or pleaded
guilty to the sexually oriented offense.
(b) Immediately after a dispositional hearing is held on or after January
1, 2008, for a child who is adjudicated a delinquent child for committing a
sexually oriented offense, is classified a juvenile offender registrant based
on that adjudication, and is committed to the custody of the department of
youth services or to a secure facility that is not operated by the department
and before the child is transferred to the custody of the department of youth
services or the secure facility to which the delinquent child is committed,
the delinquent child shall register personally with the sheriff, or the
sheriff’s designee, of the county in which the delinquent child was
classified a juvenile offender registrant based on that sexually oriented
offense.
(c) A law enforcement officer shall be present at the sentencing hearing or
dispositional hearing described in division (A)(1)(a) or (b) of this section
to immediately transport the offender or delinquent child who is the subject
of the hearing to the sheriff, or the sheriff’s designee, of the county in
which the offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division (A)(1)(a) of
this section is released from a prison term, a term of imprisonment, or any
other type of confinement, the offender shall register as provided in division
(A)(2) of this section. After a delinquent child who has registered pursuant
to division (A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not operated by
the department, the delinquent child shall register as provided in division
(A)(3) of this section.
(2) Regardless of when the sexually oriented offense was committed, each
offender who is convicted of, pleads guilty to, has been convicted of, or has
pleaded guilty to a sexually oriented offense shall comply with the following
registration requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall register personally with the sheriff, or the
sheriff’s designee, of the county within three days of the offender’s
coming into a county in which the offender resides or temporarily is domiciled
for more than three days.
(b) The offender shall register personally with the sheriff, or the
sheriff’s designee, of the county immediately upon coming into a county in
which the offender attends a school or institution of higher education on a
full-time or part-time basis regardless of whether the offender resides or has
a temporary domicile in this state or another state.
(c) The offender shall register personally with the sheriff, or the
sheriff’s designee, of the county in which the offender is employed if the
offender resides or has a temporary domicile in this state and has been
employed in that county for more than three days or for an aggregate period of
fourteen or more days in that calendar year.
(d) The offender shall register personally with the sheriff, or the
sheriff’s designee, of the county in which the offender then is employed if
the offender does not reside or have a temporary domicile in this state and
has been employed at any location or locations in this state more than three
days or for an aggregate period of fourteen or more days in that calendar
year.
(e) The offender shall register with the sheriff, or the sheriff’s
designee, or other appropriate person of the other state immediately upon
entering into any state other than this state in which the offender attends a
school or institution of higher education on a full-time or part-time basis or
upon being employed in any state other than this state for more than three
days or for an aggregate period of fourteen or more days in that calendar year
regardless of whether the offender resides or has a temporary domicile in this
state, the other state, or a different state.
(3)(a) Each child who is adjudicated a delinquent child for committing a
sexually oriented offense and who is classified a juvenile offender registrant
based on that adjudication shall register personally with the sheriff, or the
sheriff’s designee, of the county within three days of the delinquent
child’s coming into a county in which the delinquent child resides or
temporarily is domiciled for more than three days.
(b) In addition to the registration duty imposed under division (A)(3)(a)
of this section, each public registry-qualified juvenile offender registrant
shall comply with the following additional registration requirements:
(i) The public registry-qualified juvenile offender registrant shall
register personally with the sheriff, or the sheriff’s designee, of the
county immediately upon coming into a county in which the registrant attends a
school or institution of higher education on a full-time or part-time basis
regardless of whether the registrant resides or has a temporary domicile in
this state or another state.
(ii) The public registry-qualified juvenile offender registrant shall
register personally with the sheriff, or the sheriff’s designee, of the
county in which the registrant is employed if the registrant resides or has a
temporary domicile in this state and has been employed in that county for more
than three days or for an aggregate period of fourteen or more days in that
calendar year.
(iii) The public registry-qualified juvenile offender registrant shall
register personally with the sheriff, or the sheriff’s designee, of the
county in which the registrant then is employed if the registrant does not
reside or have a temporary domicile in this state and has been employed at any
location or locations in this state more than three days or for an aggregate
period of fourteen or more days in that calendar year.
(iv) The public registry-qualified juvenile offender registrant shall
register with the sheriff, or the sheriff’s designee, or other appropriate
person of the other state immediately upon entering into any state other than
this state in which the registrant attends a school or institution of higher
education on a full-time or part-time basis or upon being employed in any
state other than this state for more than three days or for an aggregate
period of fourteen or more days in that calendar year regardless of whether
the registrant resides or has a temporary domicile in this state, the other
state, or a different state.
(c) If the delinquent child is committed for the sexually oriented offense
to the department of youth services or to a secure facility that is not
operated by the department, this duty begins when the delinquent child is
discharged or released in any manner from custody in a department of youth
services secure facility or from the secure facility that is not operated by
the department if pursuant to the discharge or release the delinquent child is
not committed to any other secure facility of the department or any other
secure facility.
(4) Regardless of when the sexually oriented offense was committed, each
person who is convicted, pleads guilty, or is adjudicated a delinquent child
in a court in another state, in a federal court, military court, or Indian
tribal court, or in a court in any nation other than the United States for
committing a sexually oriented offense shall comply with the following
registration requirements if, at the time the offender or delinquent child
moves to and resides in this state or temporarily is domiciled in this state
for more than three days, the offender or public registry-qualified juvenile
offender registrant enters this state to attend a school or institution of
higher education, or the offender or public registry-qualified juvenile
offender registrant is employed in this state for more than the specified
period of time, the offender or delinquent child has a duty to register as a
sex offender or child-victim offender under the law of that other jurisdiction
as a result of the conviction, guilty plea, or adjudication:
(a) Each offender and delinquent child shall register personally with the
sheriff, or the sheriff’s designee, of the county within three days of the
offender’s or delinquent child’s coming into the county in which the
offender or delinquent child resides or temporarily is domiciled for more than
three days.
(b) Each offender or public registry-qualified juvenile offender registrant
shall register personally with the sheriff, or the sheriff’s designee, of
the county immediately upon coming into a county in which the offender or
public registry-qualified juvenile offender registrant attends a school or
institution of higher education on a full-time or part-time basis regardless
of whether the offender or public registry-qualified juvenile offender
registrant resides or has a temporary domicile in this state or another state.
(c) Each offender or public registry-qualified juvenile offender registrant
shall register personally with the sheriff, or the sheriff’s designee, of
the county in which the offender or public registry-qualified juvenile
offender registrant is employed if the offender resides or has a temporary
domicile in this state and has been employed in that county for more than
three days or for an aggregate period of fourteen days or more in that
calendar year.
(d) Each offender or public registry-qualified juvenile offender registrant
shall register personally with the sheriff, or the sheriff’s designee, of
the county in which the offender or public registry-qualified juvenile
offender registrant then is employed if the offender or public
registry-qualified juvenile offender registrant does not reside or have a
temporary domicile in this state and has been employed at any location or
locations in this state for more than three days or for an aggregate period of
fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public registry-qualified
juvenile offender registrant is not required to register under division
(A)(2), (3), or (4) of this section if a court issues an order terminating the
offender’s or delinquent child’s duty to comply with sections 2950.04,
2950.041, 2950.05, and
2950.06
of the Revised Code pursuant to section 2950.15
of the Revised Code. A delinquent child who is a juvenile offender registrant
but is not a public registry-qualified juvenile offender registrant is not
required to register under any of those divisions if a juvenile court issues
an order declassifying the delinquent child as a juvenile offender registrant
pursuant to section 2152.84
or 2152.85 of
the Revised Code.
(B) An offender or delinquent child who is required by division (A) of this
section to register in this state personally shall obtain from the sheriff or
from a designee of the sheriff a registration form that conforms to division
(C) of this section, shall complete and sign the form, and shall return the
completed form together with the offender’s or delinquent child’s
photograph, copies of travel and immigration documents, and any other required
material to the sheriff or the designee. The sheriff or designee shall sign
the form and indicate on the form the date on which it is so returned. The
registration required under this division is complete when the offender or
delinquent child returns the form, containing the requisite information,
photograph, other required material, signatures, and date, to the sheriff or
designee.
(C) The registration form to be used under divisions (A) and (B) of this
section shall include or contain all of the following for the offender or
delinquent child who is registering:
(1) The offender’s or delinquent child’s name and any aliases used by
the offender or delinquent child;
(2) The offender’s or delinquent child’s social security number and
date of birth, including any alternate social security numbers or dates of
birth that the offender or delinquent child has used or uses;
(3) Regarding an offender or delinquent child who is registering under a
duty imposed under division (A)(1) of this section, a statement that the
offender is serving a prison term, term of imprisonment, or any other type of
confinement or a statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility that is not
operated by the department;
(4) Regarding an offender or delinquent child who is registering under a
duty imposed under division (A) (2), (3), or (4) of this section as a result
of the offender or delinquent child residing in this state or temporarily
being domiciled in this state for more than three days, the current residence
address of the offender or delinquent child who is registering, the name and
address of the offender’s or delinquent child’s employer if the offender
or delinquent child is employed at the time of registration or if the offender
or delinquent child knows at the time of registration that the offender or
delinquent child will be commencing employment with that employer subsequent
to registration, any other employment information, such as the general area
where the offender or delinquent child is employed, if the offender or
delinquent child is employed in many locations, and the name and address of
the offender’s or public registry-qualified juvenile offender registrant’s
school or institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the time of
registration or if the offender or public registry-qualified juvenile offender
registrant knows at the time of registration that the offender or public
registry-qualified juvenile offender registrant will be commencing attendance
at that school or institution subsequent to registration;
(5) Regarding an offender or public registry-qualified juvenile offender
registrant who is registering under a duty imposed under division (A) (2),
(3), or (4) of this section as a result of the offender or public
registry-qualified juvenile offender registrant attending a school or
institution of higher education in this state on a full-time or part-time
basis or being employed in this state or in a particular county in this state,
whichever is applicable, for more than three days or for an aggregate of
fourteen or more days in any calendar year, the name and current address of
the school, institution of higher education, or place of employment of the
offender or public registry-qualified juvenile offender registrant who is
registering, including any other employment information, such as the general
area where the offender or public registry-qualified juvenile offender
registrant is employed, if the offender or public registry-qualified juvenile
offender registrant is employed in many locations;
(6) The identification license plate number of each vehicle the offender or
delinquent child owns, of each vehicle registered in the offender’s or
delinquent child’s name, of each vehicle the offender or delinquent child
operates as a part of employment, and of each other vehicle that is regularly
available to be operated by the offender or delinquent child; a description of
where each vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and investigation, a
photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver’s or commercial
driver’s license or permit issued by this state or any other state or a
state identification card issued under section 4507.50
or 4507.51 of
the Revised Code or a comparable identification card issued by another state,
the driver’s license number, commercial driver’s license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of, pleaded guilty
to, or was adjudicated a delinquent child for committing the sexually oriented
offense resulting in the registration duty in a court in another state, in a
federal court, military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen,
as defined in section 109.573
of the Revised Code, from the offender or delinquent child, a citation for,
and the name of, the sexually oriented offense resulting in the registration
duty, and a certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each professional and occupational license, permit, or
registration, including those licenses, permits, and registrations issued
under Title XLVII of the Revised Code, held by the
offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone numbers
registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender or delinquent child registers with a sheriff, or the
sheriff’s designee, pursuant to this section, the sheriff, or the
sheriff’s designee, shall forward the signed, written registration form,
photograph, and other material to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted pursuant to
section 2950.13
of the Revised Code. If an offender registers a school, institution of higher
education, or place of employment address, or provides a school or institution
of higher education address under division (C)(4) of this section, the sheriff
also shall provide notice to the law enforcement agency with jurisdiction over
the premises of the school, institution of higher education, or place of
employment of the offender’s name and that the offender has registered that
address as a place at which the offender attends school or an institution of
higher education or at which the offender is employed. The bureau shall
include the information and materials forwarded to it under this division in
the state registry of sex offenders and child victim offenders established and
maintained under section 2950.13
of the Revised Code.
(E) No person who is required to register pursuant to divisions (A) and (B)
of this section, and no person who is required to send a notice of intent to
reside pursuant to division (G) of this section, shall fail to register or
send the notice of intent as required in accordance with those divisions or
that division.
(F) An offender or delinquent child who is required to register pursuant to
divisions (A) and (B) of this section shall register pursuant to this section
for the period of time specified in section 2950.07
of the Revised Code, with the duty commencing on the date specified in
division (A) of that section.
(G) If an offender or delinquent child who is required by division (A) of
this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child also shall
send the sheriff, or the sheriff’s designee, of the county in which the
offender or delinquent child intends to reside written notice of the
offender’s or delinquent child’s intent to reside in the county. The
offender or delinquent child shall send the notice of intent to reside at
least twenty days prior to the date the offender or delinquent child begins to
reside in the county. The notice of intent to reside shall contain the
following information:
(1) The offender’s or delinquent child’s name;
(2) The address or addresses at which the offender or delinquent child
intends to reside;
(3) The sexually oriented offense of which the offender was convicted, to
which the offender pleaded guilty, or for which the child was adjudicated a
delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or delinquent
child who was convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing a sexually oriented offense or a child-victim oriented
offense as those terms were defined in section 2950.01
of the Revised Code prior to January 1, 2008, was required by division (A) of
this section or section 2950.041
of the Revised Code to register and if, on or after January 1, 2008, that
offense is a sexually oriented offense as that term is defined in section 2950.01
of the Revised Code on and after January 1, 2008, the duty to register that is
imposed pursuant to this section on and after January 1, 2008, shall be
considered, for purposes of section 2950.07
of the Revised Code and for all other purposes, to be a continuation of the
duty imposed upon the offender or delinquent child prior to January 1, 2008,
under this section or section 2950.041
of the Revised Code.
HISTORY: H 180
7-1-97; H 565 3-30-99; H 502 3-15-2001; S 3 1-1-2002; S 175 5-7-2002; H 485
6-13-2002; H 393 7-5-2002; S 5 7-31-03; H 473 4-29-05; SB10
01-01-2008
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