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OHIO REVISED
CODE 2950.041
SECTION 2950.041 - Duty to register, child-victim 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
child-victim 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 child-victim 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
child-victim 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 child-victim
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 child-victim oriented offense was committed,
each offender who is convicted of, pleads guilty to, has been convicted of, or
has pleaded guilty to a child-victim oriented offense shall comply with all of
the following registration requirements:
(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 for more than
three days or for an aggregate period of fourteen or more days in that
calendar year.
(e) The offender shall register personally 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) Regardless of when the child-victim oriented offense was committed,
each child who on or after July 31, 2003, is adjudicated a delinquent child
for committing a child-victim 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.
If the delinquent child is committed for the child-victim 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 child-victim 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 child-victim oriented offense shall comply with all of 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 enters this state to attend the
school or institution of higher education, or the offender 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 child-victim offender or sex 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 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) Each 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 days or more in that calendar year.
(d) Each 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 not 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 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
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 do so in the manner
described in division (B) of section 2950.04
of the Revised Code, and the registration is complete as described in that
division.
(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, any aliases used by the
offender or delinquent child, and a photograph of 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, all of the information
described in division (C)(4) of section 2950.04
of the Revised Code;
(5) Regarding an offender who is registering under a duty imposed under
division (A)(2) or (4) of this section as a result of the offender attending a
school or institution of higher education 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, all of the information described
in division (C)(5) of section 2950.04
of the Revised Code;
(6) The identification license plate number issued by this state or any
other state 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 child-victim
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 child-victim oriented offense resulting in the
registration duty, and a certified copy of a document that describes the text
of that child-victim oriented offense;
(9) Copies of travel and immigration documents;
(10) 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;
(11) Any email addresses, internet identifiers, or telephone numbers
registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal
identification and investigation.
(D) Division (D) of section
2950.04
of the Revised Code applies when an offender or delinquent child registers
with a sheriff pursuant to this section.
(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 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 all of the
following information:
(1) The information specified in divisions (G)(1) and (2) of section
2950.04
of the Revised Code;
(2) The child-victim 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 child-victim oriented offense or a sexually 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 2950.04
of the Revised Code to register and if, on or after January 1, 2008, that
offense is a child-victim 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 2950.04
of the Revised Code.
HISTORY: S 5 7-31-03; H
473 4-29-05; SB10 01-01-2008.
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