OHIO REVISED
CODE 2950.07
SECTION 2950.07 - Commencement of duty to register; duration
(A) The duty of an offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to a sexually oriented offense or a
child-victim oriented offense and the duty of a delinquent child who is or has
been adjudicated a delinquent child for committing a sexually oriented offense
or a child-victim oriented offense and is classified a juvenile offender
registrant or who is an out-of-state juvenile offender registrant to comply
with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code commences on whichever of the following dates is applicable:
(1) If the offender’s duty to register is imposed pursuant to division
(A)(1)(a) of section 2950.04
or division (A)(1)(a) of section 2950.041
of the Revised Code, the offender’s duty to comply with those sections
commences immediately after the entry of the judgment of conviction.
(2) If the delinquent child’s duty to register is imposed pursuant to
division (A)(1)(b) of section 2950.04
or division (A)(1)(b) of section 2950.041
of the Revised Code, the delinquent child’s duty to comply with those
sections commences immediately after the order of disposition.
(3) If the offender’s duty to register is imposed pursuant to division
(A)(2) of section 2950.04
or division (A)(2) of section 2950.041
of the Revised Code, subject to division (A)(7) of this section, the
offender’s duty to comply with those sections commences on the date of the
offender’s release from a prison term, a term of imprisonment, or any other
type of confinement, or if the offender is not sentenced to a prison term, a
term of imprisonment, or any other type of confinement, on the date of the
entry of the judgment of conviction of the sexually oriented offense or
child-victim oriented offense.
(4) If the offender’s or delinquent child’s duty to register is imposed
pursuant to division (A)(4) of section 2950.04
or division (A)(4) of section 2950.041
of the Revised Code, the offender’s duty to comply with those sections
commences regarding residence addresses on the date that the offender begins
to reside or becomes temporarily domiciled in this state, the offender’s
duty regarding addresses of schools, institutions of higher education, and
places of employment commences on the date the offender begins attending any
school or institution of higher education in this state on a full-time or
part-time basis or becomes employed in this state, and the delinquent
child’s duty commences on the date the delinquent child begins to reside or
becomes temporarily domiciled in this state.
(5) If the delinquent child’s duty to register is imposed pursuant to
division (A)(3) of section 2950.04
or division (A)(3) of section 2950.041
of the Revised Code, if the delinquent child’s classification as a juvenile
offender registrant is made at the time of the child’s disposition for that
sexually oriented offense or child-victim oriented offense, whichever is
applicable, and if the delinquent child is committed for the sexually oriented
offense or child-victim oriented offense to the department of youth services
or to a secure facility that is not operated by the department, the delinquent
child’s duty to comply with those sections commences on the date of the
delinquent child’s discharge or release from custody in the department of
youth services secure facility or from the secure facility not operated by the
department as described in that division.
(6) If the delinquent child’s duty to register is imposed pursuant to
division (A)(3) of section 2950.04
or division (A)(3) of section 2950.041
of the Revised Code and if either the delinquent child’s classification as a
juvenile offender registrant is made at the time of the child’s disposition
for that sexually oriented offense or child-victim oriented offense, whichever
is applicable, and the delinquent child is not committed for the sexually
oriented offense or child-victim oriented offense to the department of youth
services or to a secure facility that is not operated by the department or the
child’s classification as a juvenile offender registrant is made pursuant to
section 2152.83
or division (A)(2) of section 2152.86
of the Revised Code, subject to divisions (A)(7) of this section, the
delinquent child’s duty to comply with those sections commences on the date
of entry of the court’s order that classifies the delinquent child a
juvenile offender registrant.
(7) If the offender’s or delinquent child’s duty to register is imposed
pursuant to division (A)(2), (3), or (4) of section 2950.04
or section 2950.041
of the Revised Code and if the offender or delinquent child prior to January
1, 2008, has registered a residence, school, institution of higher education,
or place of employment address pursuant to section 2950.04,
2950.041, or 2950.05 of the
Revised Code as they existed prior to that date, the offender or delinquent
child initially shall register in accordance with section 2950.04
or 2950.041
of the Revised Code, whichever is applicable, as it exists on and after
January 1, 2008, not later than the earlier of the dates specified in
divisions (A)(7)(a) and (b) of this section. The offender’s or delinquent
child’s duty to comply thereafter with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code as they exist on and after January 1, 2008, commences on the
date of that initial registration. The offender or delinquent child initially
shall register under section 2950.04
or 2950.041
of the Revised Code as it exists on and after January 1, 2008, not later than
the earlier of the following:
(a) The date that is six months after the date on which the offender or
delinquent child received a registered letter from the attorney general under
division (A)(2) or (B) of section 2950.031
of the Revised Code;
(b) The earlier of the date on which the offender or delinquent child would
be required to verify a previously registered address under section 2950.06
of the Revised Code as it exists on and after January 1, 2008, or, if the
offender or delinquent child has changed a previously registered address, the
date on which the offender or delinquent child would be required to register a
new residence, school, institution of higher education, or place of employment
address under section 2950.05
of the Revised Code as it exists on and after January 1, 2008.
(8) If the offender’s or delinquent child’s duty to register was
imposed pursuant to section 2950.04
or 2950.041
of the Revised Code as they existed prior to January 1, 2008, 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 as they exist on and after January 1, 2008, is a continuation
of the offender’s or delinquent child’s former duty to register imposed
prior to January 1, 2008, under section 2950.04
or 2950.041
of the Revised Code and shall be considered for all purposes as having
commenced on the date that the offender’s duty under that section commenced.
(B) The duty of an offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to a sexually oriented offense or a
child-victim oriented offense and the duty of a delinquent child who is or has
been adjudicated a delinquent child for committing a sexually oriented offense
or a child-victim oriented offense and is classified a juvenile offender
registrant or who is an out-of-state juvenile offender registrant to comply
with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code continues, after the date of commencement, for whichever of
the following periods is applicable:
(1) Except as otherwise provided in this division, if the person is an
offender who is a tier III sex offender/child-victim
offender relative to the sexually oriented offense or child-victim oriented
offense, if the person is a delinquent child who is a tier III
sex offender/child-victim offender relative to the sexually oriented offense
or child-victim oriented offense, or if the person is a delinquent child who
is a public registry-qualified juvenile offender registrant relative to the
sexually oriented offense, the offender’s or delinquent child’s duty to
comply with those sections continues until the offender’s or delinquent
child’s death. Regarding a delinquent child who is a tier III
sex offender/child-victim offender relative to the offense but is not a public
registry-qualified juvenile offender registrant relative to the offense, if
the judge who made the disposition for the delinquent child or that judge’s
successor in office subsequently enters a determination pursuant to section 2152.84
or 2152.85 of
the Revised Code that the delinquent child no longer is a tier III
sex offender/child-victim offender, the delinquent child’s duty to comply
with those sections continues for the period of time that is applicable to the
delinquent child under division (B)(2) or (3) of this section, based on the
reclassification of the child pursuant to section 2152.84
or 21562.85 of the Revised Code as a tier I sex offender/child-victim offender
or a tier II sex offender/child-victim offender. In no case shall the lifetime
duty to comply that is imposed under this division on an offender who is a
tier III sex offender/child-victim offender be
removed or terminated. A delinquent child who is a public registry-qualified
juvenile offender registrant may have the lifetime duty to register terminated
only pursuant to section 2950.15
of the Revised Code.
(2) If the person is an offender who is a tier II sex offender/child-victim
offender relative to the sexually oriented offense or child-victim oriented
offense, the offender’s duty to comply with those sections continues for
twenty-five years. Except as otherwise provided in this division, if the
person is a delinquent child who is a tier II sex offender/child-victim
offender relative to the sexually oriented offense or child-victim oriented
offense, the delinquent child’s duty to comply with those sections continues
for twenty years. Regarding a delinquent child who is a tier II sex
offender/child-victim offender relative to the offense but is not a public
registry-qualified juvenile offender registrant relative to the offense, if
the judge who made the disposition for the delinquent child or that judge’s
successor in office subsequently enters a determination pursuant to section 2152.84
or 2152.85 of
the Revised Code that the delinquent child no longer is a tier II sex
offender/child-victim offender but remains a juvenile offender registrant, the
delinquent child’s duty to comply with those sections continues for the
period of time that is applicable to the delinquent child under division
(B)(3) of this section, based on the reclassification of the child pursuant to
section 2152.84
or 2152.85 of
the Revised Code as a tier I sex offender/child-victim offender.
(3) Except as otherwise provided in this division, if the person is an
offender who is a tier I sex offender/child-victim offender relative to the
sexually oriented offense or child-victim oriented offense, the offender’s
duty to comply with those sections continues for fifteen years. Except as
otherwise provided in this division, if the person is a delinquent child who
is a tier I sex offender/child-victim offender relative to the sexually
oriented offense or child-victim oriented offense, the delinquent child’s
duty to comply with those sections continues for ten years. Regarding a
delinquent child who is a juvenile offender registrant and a tier I sex
offender/child-victim offender but is not a public registry-qualified juvenile
offender registrant, if the judge who made the disposition for the delinquent
child or that judge’s successor in office subsequently enters a
determination pursuant to section 2152.84
or 2152.85 of
the Revised Code that the delinquent child no longer is to be classified a
juvenile offender registrant, the delinquent child’s duty to comply with
those sections terminates upon the court’s entry of the determination. A
person who is an offender who is a tier I sex offender/child-victim offender
may have the fifteen-year duty to register terminated only pursuant to section
2950.15 of the
Revised Code.
(C)(1) If an offender has been convicted of or pleaded guilty to a sexually
oriented offense and the offender subsequently is convicted of or pleads
guilty to another sexually oriented offense or a child-victim oriented
offense, if an offender has been convicted of or pleaded guilty to a
child-victim oriented offense and the offender subsequently is convicted of or
pleads guilty to another child-victim oriented offense or a sexually oriented
offense, if a delinquent child has been adjudicated a delinquent child for
committing a sexually oriented offense and is classified a juvenile offender
registrant or is an out-of-state juvenile offender registrant and the child
subsequently is adjudicated a delinquent child for committing another sexually
oriented offense or a child-victim oriented offense and is classified a
juvenile offender registrant relative to that offense or subsequently is
convicted of or pleads guilty to another sexually oriented offense or a
child-victim oriented offense, or if a delinquent child has been adjudicated a
delinquent child for committing a child-victim oriented offense and is
classified a juvenile offender registrant or is an out-of-state juvenile
offender registrant and the child subsequently is adjudicated a delinquent
child for committing another child-victim oriented offense or a sexually
oriented offense and is classified a juvenile offender registrant relative to
that offense or subsequently is convicted of or pleads guilty to another
child-victim oriented offense or a sexually oriented offense, the period of
time for which the offender or delinquent child must comply with the sections
specified in division (A) of this section shall be separately calculated
pursuant to divisions (A)(1) to (8) and (B)(1) to (3) of this section for each
of the sexually oriented offenses and child-victim oriented offenses, and the
offender or delinquent child shall comply with each separately calculated
period of time independently.
If a delinquent child has been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented offense, is
classified a juvenile offender registrant or is an out-of-state juvenile
offender registrant relative to that offense, and, after attaining eighteen
years of age, subsequently is convicted of or pleads guilty to another
sexually oriented offense or child-victim oriented offense, the subsequent
conviction or guilty plea does not limit, affect, or supersede the duties
imposed upon the delinquent child under this chapter relative to the
delinquent child’s classification as a juvenile offender registrant or as an
out-of-state juvenile offender registrant, and the delinquent child shall
comply with both those duties and the duties imposed under this chapter
relative to the subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented offense and
is classified a juvenile offender registrant relative to the offense and if
the juvenile judge or the judge’s successor in office subsequently
reclassifies the offense tier in which the child is classified pursuant to
section 2152.84
or 2152.85 of
the Revised Code, the judge’s subsequent determination to reclassify the
child does not affect the date of commencement of the delinquent child’s
duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code as determined under division (A) of this section. The
child’s duty to comply with those sections after the reclassification is a
continuation of the child’s duty to comply with the sections that was in
effect prior to the reclassification, and the duty shall continue for the
period of time specified in division (B)(1), (2), or (3) of this section,
whichever is applicable.
If, prior to January 1, 2008, an offender had a duty to comply with the
sections specified in division (A) of this section as a result of a conviction
of or plea of guilty to a sexually oriented offense or child-victim oriented
offense as those terms were defined in section 2950.01
of the Revised Code prior to January 1, 2008, or a delinquent child had a duty
to comply with those sections as a result of an adjudication as a delinquent
child for committing one of those offenses as they were defined prior to
January 1, 2008, the period of time specified in division (B)(1), (2), or (3)
of this section on and after January 1, 2008, for which a person must comply
with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code applies to the person, automatically replaces the period of
time for which the person had to comply with those sections prior to January
1, 2008, and is a continuation of the person’s duty to comply with the
sections that was in effect prior to the reclassification. If, prior to
January 1, 2008, an offender or a delinquent child had a duty to comply with
the sections specified in division (A) of this section, the offender’s or
delinquent child’s classification as a tier I sex offender/child-victim
offender, a tier II sex offender/child-victim offender, or a tier III
sex offender/child-victim offender for purposes of that period of time shall
be determined as specified in section 2950.031
or 2950.032
of the Revised Code, as applicable.
(D) The duty of an offender or delinquent child to register under this
chapter is tolled for any period during which the offender or delinquent child
is returned to confinement in a secure facility for any reason or imprisoned
for an offense when the confinement in a secure facility or imprisonment
occurs subsequent to the date determined pursuant to division (A) of this
section. The offender’s or delinquent child’s duty to register under this
chapter resumes upon the offender’s or delinquent child’s release from
confinement in a secure facility or imprisonment.
(E) An offender or delinquent child who has been or is convicted , has
pleaded or pleads guilty, or has been 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 of any nation other than the United States for committing
a sexually oriented offense or a child-victim oriented offense may apply to
the sheriff of the county in which the offender or delinquent child resides or
temporarily is domiciled, or in which the offender attends a school or
institution of higher education or is employed, for credit against the duty to
register for the time that the offender or delinquent child has complied with
the sex offender or child-victim offender registration requirements of another
jurisdiction. The sheriff shall grant the offender or delinquent child credit
against the duty to register for time for which the offender or delinquent
child provides adequate proof that the offender or delinquent child has
complied with the sex offender or child-victim offender registration
requirements of another jurisdiction. If the offender or delinquent child
disagrees with the determination of the sheriff, the offender or delinquent
child may appeal the determination to the court of common pleas of the county
in which the offender or delinquent child resides or is temporarily domiciled,
or in which the offender attends a school or institution of higher education
or is employed.
HISTORY: H 180
7-1-97; H 565 3-30-99; S 3 1-1-2002; H 485 6-13-2002; S 5 7-31-03; SB10
01-01-2008.
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