OHIO REVISED
CODE 2971.03
(A) Notwithstanding divisions
(A), (B), (C), and (F) of section 2929.14,
section 2929.02,
2929.03, 2929.06,
2929.13, or
another section of the Revised Code, other than divisions (D) and (E) of
section 2929.14
of the Revised Code, that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a prison term or
term of imprisonment, the court shall impose a sentence upon a person who is
convicted of or pleads guilty to a violent sex offense and who also is
convicted of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or information
charging that offense, and upon a person who is convicted of or pleads guilty
to a designated homicide, assault, or kidnapping offense and also is convicted
of or pleads guilty to both a sexual motivation specification and a sexually
violent predator specification that were included in the indictment, count in
the indictment, or information charging that offense, as follows:
(1) If the offense for which
the sentence is being imposed is aggravated murder and if the court does not
impose upon the offender a sentence of death, it shall impose upon the
offender a term of life imprisonment without parole. If the court sentences
the offender to death and the sentence of death is vacated, overturned, or
otherwise set aside, the court shall impose upon the offender a term of life
imprisonment without parole.
(2) If the offense for which
the sentence is being imposed is murder; or if the offense is rape committed
in violation of division (A)(1)(b) of section 2907.02
of the Revised Code when the offender purposely compelled the victim to
submit by force or threat of force, when the victim was less than ten years
of age, when the offender previously has been convicted of or pleaded guilty
to either rape committed in violation of that division or a violation of an
existing or former law of this state, another state, or the United States
that is substantially similar to division (A)(1)(b) of section 2907.02
of the Revised Code, or when the offender during or immediately after the
commission of the rape caused serious physical harm to the victim; or if the
offense is an offense other than aggravated murder or murder for which a
term of life imprisonment may be imposed, it shall impose upon the offender
a term of life imprisonment without parole.
(3)(a) Except as otherwise
provided in division (A)(3)(b), (c), (d), or (e) or (A)(4) of this section,
if the offense for which the sentence is being imposed is an offense other
than aggravated murder, murder, or rape and other than an offense for which
a term of life imprisonment may be imposed, it shall impose an indefinite
prison term consisting of a minimum term fixed by the court from among the
range of terms available as a definite term for the offense, but not less
than two years, and a maximum term of life imprisonment.
(b) Except as otherwise
provided in division (A)(4) of this section, if the offense for which the
sentence is being imposed is kidnapping that is a felony of the first
degree, it shall impose an indefinite prison term as follows:
(i) If the kidnapping is
committed on or after the effective date of this amendment and the
victim of the offense is less than thirteen years of age, except as
otherwise provided in this division, it shall impose an indefinite
prison term consisting of a minimum term of fifteen years and a maximum
term of life imprisonment. If the kidnapping is committed on or after
the effective date of this amendment, the victim of the offense is less
than thirteen years of age, and the offender released the victim in a
safe place unharmed, it shall impose an indefinite prison term
consisting of a minimum term of ten years and a maximum term of life
imprisonment.
(ii) If the kidnapping
is committed prior to the effective date of this amendment or division
(A)(3)(b)(i) of this section does not apply, it shall impose an
indefinite term consisting of a minimum term fixed by the court that is
not less than ten years and a maximum term of life imprisonment.
(c) Except as otherwise
provided in division (A)(4) of this section, if the offense for which the
sentence is being imposed is kidnapping that is a felony of the second
degree, it shall impose an indefinite prison term consisting of a minimum
term fixed by the court that is not less than eight years, and a maximum
term of life imprisonment.
(d) Except as otherwise
provided in division (A)(4) of this section, if the offense for which the
sentence is being imposed is rape for which a term of life imprisonment is
not imposed under division (A)(2) of this section or division (B) of
section 2907.02
of the Revised Code, it shall impose an indefinite prison term as follows:
(i) If the rape is
committed on or after January 2, 2007, in violation of division
(A)(1)(b) of section 2907.02
of the Revised Code, it shall impose an indefinite prison term
consisting of a minimum term of twenty-five years and a maximum term of
life imprisonment.
(ii) If the rape is
committed prior to January 2, 2007, or the rape is committed on or after
January 2, 2007, other than in violation of division (A)(1)(b) of
section 2907.02
of the Revised Code, it shall impose an indefinite prison term
consisting of a minimum term fixed by the court that is not less than
ten years, and a maximum term of life imprisonment.
(e) Except as otherwise
provided in division (A)(4) of this section, if the offense for which
sentence is being imposed is attempted rape, it shall impose an indefinite
prison term as follows:
(i) Except as otherwise
provided in division (A)(3)(e)(ii), (iii), or (iv) of this section, it
shall impose an indefinite prison term pursuant to division (A)(3)(a) of
this section.
(ii) If the attempted
rape for which sentence is being imposed was committed on or after
January 2, 2007, and if the offender also is convicted of or pleads
guilty to a specification of the type described in section 2941.1418
of the Revised Code, it shall impose an indefinite prison term
consisting of a minimum term of five years and a maximum term of
twenty-five years.
(iii) If the attempted
rape for which sentence is being imposed was committed on or after
January 2, 2007, and if the offender also is convicted of or pleads
guilty to a specification of the type described in section 2941.1419
of the Revised Code, it shall impose an indefinite prison term
consisting of a minimum term of ten years and a maximum of life
imprisonment.
(iv) If the attempted
rape for which sentence is being imposed was committed on or after
January 2, 2007, and if the offender also is convicted of or pleads
guilty to a specification of the type described in section 2941.1420
of the Revised Code, it shall impose an indefinite prison term
consisting of a minimum term of fifteen years and a maximum of life
imprisonment.
(4) For any offense for
which the sentence is being imposed, if the offender previously has been
convicted of or pleaded guilty to a violent sex offense and also to a
sexually violent predator specification that was included in the indictment,
count in the indictment, or information charging that offense, or previously
has been convicted of or pleaded guilty to a designated homicide, assault,
or kidnapping offense and also to both a sexual motivation specification and
a sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that offense,
it shall impose upon the offender a term of life imprisonment without
parole.
(B)(1) Notwithstanding section
2929.13,
division (A), (B), (C), or (F) of section 2929.14,
or another section of the Revised Code other than division (B) of section 2907.02
or divisions (D) and (E) of section 2929.14
of the Revised Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a prison term or
term of imprisonment, if a person is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02
of the Revised Code committed on or after January 2, 2007, if division (A) of
this section does not apply regarding the person, and if the court does not
impose a sentence of life without parole when authorized pursuant to division
(B) of section 2907.02
of the Revised Code, the court shall impose upon the person an indefinite
prison term consisting of one of the following:
(a) Except as otherwise
required in division (B)(1)(b) or (c) of this section, a minimum term of
ten years and a maximum term of life imprisonment.
(b) If the victim was less
than ten years of age, a minimum term of fifteen years and a maximum of
life imprisonment.
(c) If the offender
purposely compels the victim to submit by force or threat of force, or if
the offender previously has been convicted of or pleaded guilty to
violating division (A)(1)(b) of section 2907.02
of the Revised Code or to violating an existing or former law of this
state, another state, or the United States that is substantially similar
to division (A)(1)(b) of that section, or if the offender during or
immediately after the commission of the offense caused serious physical
harm to the victim, a minimum term of twenty-five years and a maximum of
life imprisonment.
(2) Notwithstanding section 2929.13,
division (A), (B), (C), or (F) of section 2929.14,
or another section of the Revised Code other than divisions (D) and (E) of
section 2929.14
of the Revised Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a prison term or
term of imprisonment and except as otherwise provided in division (B) of
section 2907.02
of the Revised Code, if a person is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and if division (A) of
this section does not apply regarding the person, the court shall impose
upon the person an indefinite prison term consisting of one of the
following:
(a) If the person also is
convicted of or pleads guilty to a specification of the type described in
section 2941.1418
of the Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of five years and a maximum term
of twenty-five years.
(b) If the person also is
convicted of or pleads guilty to a specification of the type described in
section 2941.1419
of the Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of ten years and a maximum term
of life imprisonment.
(c) If the person also is
convicted of or pleads guilty to a specification of the type described in
section 2941.1420
of the Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of fifteen years and a maximum
term of life imprisonment.
(3) Notwithstanding section 2929.13,
division (A), (B), (C), or (F) of section 2929.14,
or another section of the Revised Code other than divisions (D) and (E) of
section 2929.14
of the Revised Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads guilty to a
felony or that specifies the manner and place of service of a prison term or
term of imprisonment, if a person is convicted of or pleads guilty to an
offense described in division (B)(3)(a), (b), (c), or (d) of this section
committed on or after the effective date of this amendment, if the person
also is convicted of or pleads guilty to a sexual motivation specification
that was included in the indictment, count in the indictment, or information
charging that offense, and if division (A) of this section does not apply
regarding the person, the court shall impose upon the person an indefinite
prison term consisting of one of the following:
(a) An indefinite prison
term consisting of a minimum of ten years and a maximum term of life
imprisonment if the offense for which the sentence is being imposed is
kidnapping, the victim of the offense is less than thirteen years of age,
and the offender released the victim in a safe place unharmed;
(b) An indefinite prison
term consisting of a minimum of fifteen years and a maximum term of life
imprisonment if the offense for which the sentence is being imposed is
kidnapping when the victim of the offense is less than thirteen years of
age and division (B)(3)(a) of this section does not apply;
(c) An indefinite term
consisting of a minimum of thirty years and a maximum term of life
imprisonment if the offense for which the sentence is being imposed is
aggravated murder, when the victim of the offense is less than thirteen
years of age, a sentence of death or life imprisonment without parole is
not imposed for the offense, and division (A)(2)(b)(ii) of section 2929.022,
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03,
or division (A) or (B) of section 2929.06
of the Revised Code requires that the sentence for the offense be imposed
pursuant to this division;
(d) An indefinite prison
term consisting of a minimum of thirty years and a maximum term of life
imprisonment if the offense for which the sentence is being imposed is
murder when the victim of the offense is less than thirteen years of age.
(C)(1) If the offender is
sentenced to a prison term pursuant to division (A)(3), (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, the
parole board shall have control over the offender’s service of the term
during the entire term unless the parole board terminates its control in
accordance with section 2971.04
of the Revised Code.
(2) Except as provided in
division (C)(3) of this section, an offender sentenced to a prison term or
term of life imprisonment without parole pursuant to division (A) of this
section shall serve the entire prison term or term of life imprisonment in a
state correctional institution. The offender is not eligible for judicial
release under section 2929.20
of the Revised Code.
(3) For a prison term
imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b),
or (c), or (B)(3)(a), (b), (c), or (d) of this section, the court, in
accordance with section 2971.05
of the Revised Code, may terminate the prison term or modify the requirement
that the offender serve the entire term in a state correctional institution
if all of the following apply:
(a) The offender has
served at least the minimum term imposed as part of that prison term.
(b) The parole board,
pursuant to section 2971.04
of the Revised Code, has terminated its control over the offender’s
service of that prison term.
(c) The court has held a
hearing and found, by clear and convincing evidence, one of the following:
(i) In the case of
termination of the prison term, that the offender is unlikely to commit
a sexually violent offense in the future;
(ii) In the case of
modification of the requirement, that the offender does not represent a
substantial risk of physical harm to others.
(4) An offender who has been
sentenced to a term of life imprisonment without parole pursuant to division
(A)(1), (2), or (4) of this section shall not be released from the term of
life imprisonment or be permitted to serve a portion of it in a place other
than a state correctional institution.
(D) If a court sentences an
offender to a prison term or term of life imprisonment without parole pursuant
to division (A) of this section and the court also imposes on the offender one
or more additional prison terms pursuant to division (D) of section 2929.14
of the Revised Code, all of the additional prison terms shall be served
consecutively with, and prior to, the prison term or term of life imprisonment
without parole imposed upon the offender pursuant to division (A) of this
section.
(E) If the offender is
convicted of or pleads guilty to two or more offenses for which a prison term
or term of life imprisonment without parole is required to be imposed pursuant
to division (A) of this section, divisions (A) to (D) of this section shall be
applied for each offense. All minimum terms imposed upon the offender pursuant
to division (A)(3) or (B) of this section for those offenses shall be
aggregated and served consecutively, as if they were a single minimum term
imposed under that division.
(F)(1) If an offender is
convicted of or pleads guilty to a violent sex offense and also is convicted
of or pleads guilty to a sexually violent predator specification that was
included in the indictment, count in the indictment, or information charging
that offense, or is convicted of or pleads guilty to a designated homicide,
assault, or kidnapping offense and also is convicted of or pleads guilty to
both a sexual motivation specification and a sexually violent predator
specification that were included in the indictment, count in the indictment,
or information charging that offense, the conviction of or plea of guilty to
the offense and the sexually violent predator specification automatically
classifies the offender as a tier III sex
offender/child-victim offender for purposes of Chapter 2950 of the Revised
Code.
(2) If an offender is
convicted of or pleads guilty to committing on or after January 2, 2007, a
violation of division (A)(1)(b) of section 2907.02
of the Revised Code and either the offender is sentenced under section
2971.03 of the Revised Code or a sentence of life without parole is imposed
under division (B) of section 2907.02
of the Revised Code, the conviction of or plea of guilty to the offense
automatically classifies the offender as a tier III
sex offender/child-victim offender for purposes of Chapter 2950 of the
Revised Code.
(3) If a person is convicted
of or pleads guilty to committing on or after January 2, 2007, attempted
rape and also is convicted of or pleads guilty to a specification of the
type described in section 2941.1418,
2941.1419,
or 2941.1420
of the Revised Code, the conviction of or plea of guilty to the offense and
the specification automatically classify the offender as a tier III
sex offender/child-victim offender for purposes of Chapter 2950 of the
Revised Code.
(4) If a person is convicted
of or pleads guilty to one of the offenses described in division (B)(3)(a),
(b), (c), or (d) of this section and a sexual motivation specification
related to the offense and the victim of the offense is less than thirteen
years of age, the conviction of or plea of guilty to the offense
automatically classifies the offender as a tier III
sex offender/child-victim offender for purposes of Chapter 2950 of the
Revised Code.
HISTORY: HB 180 1-1-97;
HB 473 4-29-05; SB 260 1-2-07; SB10
01-01-2008
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