OHIO REVISED
CODE 2971.01
(A) “Mandatory prison
term” has the same meaning as in section 2929.01
of the Revised Code.
(B) “Designated homicide,
assault, or kidnapping offense” means any of the following:
(1) A violation of section 2903.01,
2903.02, 2903.11,
or 2905.01
of the Revised Code or a violation of division (A) of section 2903.04
of the Revised Code;
(2) An attempt to commit or
complicity in committing a violation listed in division (B)(1) of this
section, if the attempt or complicity is a felony.
(C) “Examiner” has the
same meaning as in section 2945.371
of the Revised Code.
(D) “Peace officer” has
the same meaning as in section 2935.01
of the Revised Code.
(E) “Prosecuting attorney”
means the prosecuting attorney who prosecuted the case of the offender in
question or the successor in office to that prosecuting attorney.
(F) “Sexually oriented
offense” and “child-victim oriented offense” have the same meanings as
in section 2950.01
of the Revised Code.
(G) “Sexually violent
offense” means any of the following:
(1) A violent sex offense;
(2) A designated homicide,
assault, or kidnapping offense that the offender commits with a sexual
motivation.
(H)(1) “Sexually violent
predator” means a person who, on or after January 1, 1997, commits a
sexually violent offense and is likely to engage in the future in one or more
sexually violent offenses.
(2) For purposes of division
(H)(1) of this section, any of the following factors may be considered as
evidence tending to indicate that there is a likelihood that the person will
engage in the future in one or more sexually violent offenses:
(a) The person has been
convicted two or more times, in separate criminal actions, of a sexually
oriented offense or a child-victim oriented offense. For purposes of this
division, convictions that result from or are connected with the same act
or result from offenses committed at the same time are one conviction, and
a conviction set aside pursuant to law is not a conviction.
(b) The person has a
documented history from childhood, into the juvenile developmental years,
that exhibits sexually deviant behavior.
(c) Available information
or evidence suggests that the person chronically commits offenses with a
sexual motivation.
(d) The person has
committed one or more offenses in which the person has tortured or engaged
in ritualistic acts with one or more victims.
(e) The person has
committed one or more offenses in which one or more victims were
physically harmed to the degree that the particular victim’s life was in
jeopardy.
(f) Any other relevant
evidence.
(I) “Sexually violent
predator specification” means a specification, as described in section 2941.148
of the Revised Code, that charges that a person charged with a violent sex
offense, or a person charged with a designated homicide, assault, or
kidnapping offense and a sexual motivation specification, is a sexually
violent predator.
(J) “Sexual motivation”
means a purpose to gratify the sexual needs or desires of the offender.
(K) “Sexual motivation
specification” means a specification, as described in section 2941.147
of the Revised Code, that charges that a person charged with a designated
homicide, assault, or kidnapping offense committed the offense with a sexual
motivation.
(L) “Violent sex offense”
means any of the following:
(1) A violation of section 2907.02,
2907.03, or 2907.12
or of division (A)(4) or (B) of section 2907.05
of the Revised Code;
(2) A felony violation of a
former law of this state that is substantially equivalent to a violation
listed in division (L)(1) of this section or of an existing or former law of
the United States or of another state that is substantially equivalent to a
violation listed in division (L)(1) of this section;
(3) An attempt to commit or
complicity in committing a violation listed in division (L)(1) or (2) of
this section if the attempt or complicity is a felony.
HISTORY: HB 180 1-1-97;
SB 5 7-31-03; HB 473 4-29-05; SB10 01-01-2008
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