OHIO REVISED
CODE 2950.99
SECTION 2950.99 - Penalties
(A)(1)(a) Except as otherwise provided in division (A)(1)(b) of this
section, whoever violates a prohibition in section 2950.04,
2950.041, 2950.05,
or 2950.06 of
the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was the basis of the
registration, notice of intent to reside, change of address notification, or
address verification requirement that was violated under the prohibition is
aggravated murder or murder if committed by an adult or a comparable category
of offense committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or child-victim oriented
offense that was the basis of the registration, notice of intent to reside,
change of address notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second, third, or
fourth degree if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony of the
same degree as the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of intent to
reside, change of address, or address verification requirement that was
violated under the prohibition, or, if the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or address
verification requirement that was violated under the prohibition is a
comparable category of offense committed in another jurisdiction, the offender
is guilty of a felony of the same degree as that offense committed in the
other jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of intent to
reside, change of address notification, or address verification requirement
that was violated under the prohibition is a felony of the fifth degree or a
misdemeanor if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony of the
fourth degree.
(b) If the offender previously has been convicted of or pleaded guilty to,
or previously has been adjudicated a delinquent child for committing, a
violation of a prohibition in section 2950.04,
2950.041, 2950.05,
or 2950.06 of
the Revised Code, whoever violates a prohibition in section 2950.04,
2950.041, 2950.05,
or 2950.06 of
the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was the basis of the
registration, notice of intent to reside, change of address notification, or
address verification requirement that was violated under the prohibition is
aggravated murder or murder if committed by an adult or a comparable category
of offense committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or child-victim oriented
offense that was the basis of the registration, notice of intent to reside,
change of address notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second, or third
degree if committed by an adult or a comparable category of offense committed
in another jurisdiction, the offender is guilty of a felony of the same degree
as the most serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside, change of
address, or address verification requirement that was violated under the
prohibition, or, if the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of intent to
reside, change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense committed
in another jurisdiction, the offender is guilty of a felony of the same degree
as that offense committed in the other jurisdiction would constitute if
committed in this state.
(iii) If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of intent to
reside, change of address notification, or address verification requirement
that was violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of offense committed
in another jurisdiction, the offender is guilty of a felony of the third
degree.
(iv) If the most serious sexually oriented offense or child-victim oriented
offense that was the basis of the registration, notice of intent to reside,
change of address notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an adult or a
comparable category of offense committed in another jurisdiction, the offender
is guilty of a felony of the fourth degree.
(2)(a) In addition to any penalty or sanction imposed under division (A)(1)
of this section or any other provision of law for a violation of a prohibition
in section 2950.04, 2950.041,
2950.05,
or 2950.06 of
the Revised Code, if the offender or delinquent child is subject to a
community control sanction, is on parole, is subject to one or more
post-release control sanctions, or is subject to any other type of supervised
release at the time of the violation, the violation shall constitute a
violation of the terms and conditions of the community control sanction,
parole, post-release control sanction, or other type of supervised release.
(b) In addition to any penalty or sanction imposed under division (A)(1)(b)(i),
(ii), or (iii) of this section or any other provision of law for a violation
of a prohibition in section 2950.04,
2950.041, 2950.05,
or 2950.06 of
the Revised Code, if the offender previously has been convicted of or pleaded
guilty to, or previously has been adjudicated a delinquent child for
committing, a violation of a prohibition in section 2950.04,
2950.041, 2950.05,
or 2950.06 of
the Revised Code when the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the requirement that was
violated under the prohibition is a felony if committed by an adult or a
comparable category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite prison term of
no less than three years. The definite prison term imposed under this section
is not restricted by division (B) of section 2929.14
of the Revised Code and shall not be reduced to less than three years pursuant
to Chapter 2967 or any other provision of the Revised Code.
(3) As used in division (A)(1) of this section, “comparable category of
offense committed in another jurisdiction” means a sexually oriented offense
or child-victim oriented offense that was the basis of the registration,
notice of intent to reside, change of address notification, or address
verification requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing or former law
applicable in a military court or in an Indian tribal court, or an existing or
former law of any nation other than the United States, and that, if it had
been committed in this state, would constitute or would have constituted
aggravated murder or murder for purposes of division (A)(1)(a)(i) of this
section, a felony of the first, second, third, or fourth degree for purposes
of division (A)(1)(a)(ii) of this section, a felony of the fifth degree or a
misdemeanor for purposes of division (A)(1)(a)(iii) of this section,
aggravated murder or murder for purposes of division (A)(1)(b)(i) of this
section, a felony of the first, second, or third degree for purposes of
division (A)(1)(b)(ii) of this section, a felony of the fourth or fifth degree
for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor for
purposes of division (A)(1)(b)(iv) of this section.
(B) If a person violates a prohibition in section
2950.04, 2950.041,
2950.05,
or 2950.06 of
the Revised Code that applies to the person as a result of the person being
adjudicated a delinquent child and being classified a juvenile offender
registrant or an out-of-state juvenile offender registrant, both of the
following apply:
(1) If the violation occurs while the person is under eighteen years of
age, the person is subject to proceedings under Chapter 2152 of the Revised
Code based on the violation.
(2) If the violation occurs while the person is eighteen years of age or
older, the person is subject to criminal prosecution based on the violation.
(C) Whoever violates division (C) of section
2950.13
of the Revised Code is guilty of a misdemeanor of the first degree.
HISTORY: 671
10-4-63; H 511 1-1-74; S 2 7-1-96; H 180 7-1-97; S 3 1-1-2002; H 490 1-1-04; S
5 7-31-03; S 5 1-1-04; H 473 4-29-05; SB97 01-01-2008.
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