As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 32 5
1997-1998 6
REPRESENTATIVES REID-BATEMAN-BRADING-CORBIN-GARCIA-JERSE-LUCAS- 8
OPFER-WINKLER-SCHURING-OLMAN-VESPER-TAYLOR-TERWILLEGER-PATTON- 9
MOTTLEY-GRENDELL-CLANCY-PRINGLE-OGG-BOGGS-PADGETT-ROMAN-VERICH- 10
LEWIS-MOTTL-MASON-PERZ-HOUSEHOLDER-YOUNG-GERBERRY-WESTON-MYERS- 11
KREBS-METELSKY-MILLER-FORD-JONES-THOMAS-MEAD-CORE-HARRIS- 12
STAPLETON-O'BRIEN-SALERNO-TAVARES-WOMER BENJAMIN-JOHNSON 13
15
A B I L L
To amend sections 2907.01, 2907.02, 2907.03, 17
2907.04, 2907.05, 2907.06, 2925.03, 2925.11, 18
2929.13, and 2929.14 of the Revised Code to 19
increase criminal penalties for sex offenders who 20
administer a controlled substance to the victim 21
by stealth, force, threat of force, or deception; 22
to increase criminal penalties for trafficking in 23
and possession of flunitrazepam (Rohypnol); to 24
modify the definition of sexual conduct; to 25
clarify that a court must impose a mandatory 26
prison term upon an offender who has been
convicted of or pleaded guilty to rape; and to 27
prohibit the court from reducing the term of 29
imprisonment of a person who has been convicted 30
of or pleaded guilty to rape and who administered 31
a controlled substance to the victim by stealth, 32
force, threat of force, or deception. 33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 2907.01, 2907.02, 2907.03, 37
2907.04, 2907.05, 2907.06, 2925.03, 2925.11, 2929.13, and 2929.14 38
of the Revised Code be amended to read as follows: 40
2
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of 49
the Revised Code: 50
(A) "Sexual conduct" means vaginal intercourse between a 52
male and female; anal intercourse, fellatio, and cunnilingus 54
between persons regardless of sex; and, WITHOUT PRIVILEGE TO DO 55
SO, the insertion, however slight, of any part of the body or any 56
instrument, apparatus, or other object into the vaginal or anal 58
cavity of another. Penetration, however slight, is sufficient to 59
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous 61
zone of another, including without limitation the thigh, 62
genitals, buttock, pubic region, or, if the person is a female, a 63
breast, for the purpose of sexually arousing or gratifying either 64
person. 65
(C) "Sexual activity" means sexual conduct or sexual 67
contact, or both. 68
(D) "Prostitute" means a male or female who promiscuously 70
engages in sexual activity for hire, regardless of whether the 71
hire is paid to the prostitute or to another. 72
(E) Any material or performance is "harmful to juveniles," 74
if it is offensive to prevailing standards in the adult community 75
with respect to what is suitable for juveniles, and if any of the 76
following apply: 77
(1) It tends to appeal to the prurient interest of 79
juveniles; 80
(2) It contains a display, description, or representation 82
of sexual activity, masturbation, sexual excitement, or nudity; 83
(3) It contains a display, description, or representation 85
of bestiality or extreme or bizarre violence, cruelty, or 86
brutality; 87
(4) It contains a display, description, or representation 89
of human bodily functions of elimination; 90
(5) It makes repeated use of foul language; 92
(6) It contains a display, description, or representation 94
3
in lurid detail of the violent physical torture, dismemberment, 95
destruction, or death of a human being; 96
(7) It contains a display, description, or representation 98
of criminal activity that tends to glorify or glamorize the 99
activity, and that, with respect to juveniles, has a dominant 100
tendency to corrupt. 101
(F) When considered as a whole, and judged with reference 103
to ordinary adults or, if it is designed for sexual deviates or 104
other specially susceptible group, judged with reference to that 105
group, any material or performance is "obscene" if any of the 106
following apply: 107
(1) Its dominant appeal is to prurient interest; 109
(2) Its dominant tendency is to arouse lust by displaying 111
or depicting sexual activity, masturbation, sexual excitement, or 112
nudity in a way that tends to represent human beings as mere 113
objects of sexual appetite; 114
(3) Its dominant tendency is to arouse lust by displaying 116
or depicting bestiality or extreme or bizarre violence, cruelty, 117
or brutality; 118
(4) Its dominant tendency is to appeal to scatological 120
interest by displaying or depicting human bodily functions of 121
elimination in a way that inspires disgust or revulsion in 122
persons with ordinary sensibilities, without serving any genuine 123
scientific, educational, sociological, moral, or artistic 124
purpose; 125
(5) It contains a series of displays or descriptions of 127
sexual activity, masturbation, sexual excitement, nudity, 128
bestiality, extreme or bizarre violence, cruelty, or brutality, 129
or human bodily functions of elimination, the cumulative effect 130
of which is a dominant tendency to appeal to prurient or 131
scatological interest, when the appeal to such an interest is 132
primarily for its own sake or for commercial exploitation, rather 133
than primarily for a genuine scientific, educational, 134
sociological, moral, or artistic purpose. 135
4
(G) "Sexual excitement" means the condition of human male 137
or female genitals when in a state of sexual stimulation or 138
arousal. 139
(H) "Nudity" means the showing, representation, or 141
depiction of human male or female genitals, pubic area, or 142
buttocks with less than a full, opaque covering, or of a female 143
breast with less than a full, opaque covering of any portion 144
thereof below the top of the nipple, or of covered male genitals 145
in a discernibly turgid state. 146
(I) "Juvenile" means an unmarried person under the age of 148
eighteen. 149
(J) "Material" means any book, magazine, newspaper, 151
pamphlet, poster, print, picture, figure, image, description, 152
motion picture film, phonographic record, or tape, or other 153
tangible thing capable of arousing interest through sight, sound, 154
or touch. 155
(K) "Performance" means any motion picture, preview, 157
trailer, play, show, skit, dance, or other exhibition performed 158
before an audience. 159
(L) "Spouse" means a person married to an offender at the 161
time of an alleged offense, except that such person shall not be 162
considered the spouse when any of the following apply: 163
(1) When the parties have entered into a written 165
separation agreement authorized by section 3103.06 of the Revised 166
Code; 167
(2) During the pendency of an action between the parties 169
for annulment, divorce, dissolution of marriage, or legal 170
separation; 171
(3) In the case of an action for legal separation, after 173
the effective date of the judgment for legal separation. 174
(M) "Minor" means a person under the age of eighteen. 176
Sec. 2907.02. (A)(1) No person shall engage in sexual 186
conduct with another who is not the spouse of the offender or who 187
is the spouse of the offender but is living separate and apart 188
5
from the offender, when any of the following applies: 189
(a) For the purpose of preventing resistance, the offender 191
substantially impairs the other person's judgment or control by 192
administering any drug or intoxicant to the other person, 193
surreptitiously or by STEALTH, force, threat of force, or 194
deception. 195
(b) The other person is less than thirteen years of age, 197
whether or not the offender knows the age of the other person. 198
(c) The other person's ability to resist or consent is 200
substantially impaired because of a mental or physical condition 201
or because of advanced age, and the offender knows or has 202
reasonable cause to believe that the other person's ability to 203
resist or consent is substantially impaired because of a mental 204
or physical condition or because of advanced age. 205
(2) No person shall engage in sexual conduct with another 207
when the offender purposely compels the other person to submit by 208
force or threat of force. 209
(B)(1) Whoever violates this section is guilty of rape, a 212
felony of the first degree. If
(2) IF THE OFFENDER UNDER DIVISION (A)(1)(a) OF THIS 215
SECTION SUBSTANTIALLY IMPAIRS THE OTHER PERSON'S JUDGMENT OR 216
CONTROL BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED IN 217
SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY 219
STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION, THE COURT SHALL 221
IMPOSE UPON THE OFFENDER AS A MANDATORY PRISON TERM ONE OF THE
PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE IN 222
SECTION 2929.14 OF THE REVISED CODE THAT IS NOT LESS THAN FIVE 223
YEARS.
(3) IF the offender under division (A)(1)(b) of this 226
section purposely compels the victim to submit by force or threat 228
of force, whoever violates division (A)(1)(b) of this section 229
shall be imprisoned for life.
(C) A victim need not prove physical resistance to the 231
offender in prosecutions under this section. 232
6
(D) Evidence of specific instances of the victim's sexual 234
activity, opinion evidence of the victim's sexual activity, and 235
reputation evidence of the victim's sexual activity shall not be 236
admitted under this section unless it involves evidence of the 237
origin of semen, pregnancy, or disease, or the victim's past 238
sexual activity with the offender, and only to the extent that 239
the court finds that the evidence is material to a fact at issue 240
in the case and that its inflammatory or prejudicial nature does 241
not outweigh its probative value. 242
Evidence of specific instances of the defendant's sexual 244
activity, opinion evidence of the defendant's sexual activity, 245
and reputation evidence of the defendant's sexual activity shall 246
not be admitted under this section unless it involves evidence of 247
the origin of semen, pregnancy, or disease, the defendant's past 248
sexual activity with the victim, or is admissible against the 249
defendant under section 2945.59 of the Revised Code, and only to 250
the extent that the court finds that the evidence is material to 251
a fact at issue in the case and that its inflammatory or 252
prejudicial nature does not outweigh its probative value. 253
(E) Prior to taking testimony or receiving evidence of any 255
sexual activity of the victim or the defendant in a proceeding 256
under this section, the court shall resolve the admissibility of 257
the proposed evidence in a hearing in chambers, which shall be 258
held at or before preliminary hearing and not less than three 259
days before trial, or for good cause shown during the trial. 260
(F) Upon approval by the court, the victim may be 262
represented by counsel in any hearing in chambers or other 263
proceeding to resolve the admissibility of evidence. If the 264
victim is indigent or otherwise is unable to obtain the services 265
of counsel, the court, upon request, may appoint counsel to 266
represent the victim without cost to the victim. 267
(G) It is not a defense to a charge under division (A)(2) 269
of this section that the offender and the victim were married or 270
were cohabiting at the time of the commission of the offense. 271
7
Sec. 2907.03. (A) No person shall engage in sexual 280
conduct with another, not the spouse of the offender, when any of 281
the following apply: 282
(1) The offender knowingly coerces the other person to 284
submit by any means that would prevent resistance by a person of 285
ordinary resolution. 286
(2) The offender knows that the other person's ability to 288
appraise the nature of or control the other person's own conduct 290
is substantially impaired.
(3) The offender knows that the other person submits 292
because the other person is unaware that the act is being 294
committed.
(4) The offender knows that the other person submits 296
because the other person mistakenly identifies the offender as 297
the other person's spouse. 298
(5) The offender is the other person's natural or adoptive 300
parent, or a stepparent, or guardian, custodian, or person in 301
loco parentis of the other person. 302
(6) The other person is in custody of law or a patient in 304
a hospital or other institution, and the offender has supervisory 305
or disciplinary authority over the other person. 306
(7) The offender is a teacher, administrator, coach, or 308
other person in authority employed by or serving in a school for 309
which the state board of education prescribes minimum standards 310
pursuant to division (D) of section 3301.07 of the Revised Code, 311
the other person is enrolled in or attends that school, and the 312
offender is not enrolled in and does not attend that school. 313
(8) The other person is a minor, the offender is a 315
teacher, administrator, coach, or other person in authority 316
employed by or serving in an institution of higher education, and 317
the other person is enrolled in or attends that institution. 318
(9) The other person is a minor, and the offender is the 320
other person's athletic or other type of coach, is the other 321
person's instructor, is the leader of a scouting troop of which 322
8
the other person is a member, or is a person with temporary or 323
occasional disciplinary control over the other person. 324
(B) Whoever violates this section is guilty of sexual 326
battery. A violation of division (A)(1), (5), (6), (7), (8), or 328
(9) of this section is a felony of the third degree. A EXCEPT AS 329
OTHERWISE PROVIDED IN THIS SECTION, A violation of division 330
(A)(2), (3), or (4) of this section is a felony of the fourth 331
degree. A VIOLATION OF DIVISION (A)(2) IS A FELONY OF THE THIRD 332
DEGREE IF THE OTHER PERSON'S ABILITY TO APPRAISE THE NATURE OF OR 333
CONTROL THE OTHER PERSON'S OWN CONDUCT IS SUBSTANTIALLY IMPAIRED 334
BY ANY CONTROLLED SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE 336
REVISED CODE THAT IS ADMINISTERED BY THE OFFENDER TO THE OTHER 337
PERSON BY STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION. 338
(C) As used in this section, "institution of higher 340
education" means a state institution of higher education defined 341
in section 3345.011 of the Revised Code, a private nonprofit 343
college or university located in this state that possesses a 344
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or a school 345
certified under Chapter 3332. of the Revised Code. 346
Sec. 2907.04. (A) No person who is eighteen years of age 355
or older shall engage in sexual conduct with another, who is not 356
the spouse of the offender, when the offender knows the other 357
person is thirteen years of age or older but less than sixteen 358
years of age, or the offender is reckless in that regard. 359
(B)(1) Whoever violates this section is guilty of 361
corruption of a minor, a felony of the fourth degree. IF THE 364
OFFENDER ADMINISTERS ANY CONTROLLED SUBSTANCE DESCRIBED IN 365
SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY 367
STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION IN ORDER TO 368
FACILITATE OR COMMIT THE SEXUAL CONDUCT DESCRIBED IN DIVISION (A) 369
OF THIS SECTION, CORRUPTION OF A MINOR IS A FELONY OF THE THIRD 370
DEGREE.
(2) If the offender is less than four years older than the 372
9
other person, corruption of a minor is a misdemeanor of the first 373
degree. IF THE OFFENDER IS LESS THAN FOUR YEARS OLDER THAN THE 375
OTHER PERSON AND ADMINISTERS ANY CONTROLLED SUBSTANCE DESCRIBED 376
IN SECTION 3719.41 OF THE REVISED CODE TO THE OTHER PERSON BY 377
STEALTH, FORCE, THREAT OF FORCE, OR DECEPTION TO FACILITATE OR 378
COMMIT THE SEXUAL CONDUCT DESCRIBED IN DIVISION (A) OF THIS 379
SECTION, CORRUPTION OF A MINOR IS A FELONY OF THE FIFTH DEGREE. 380
Sec. 2907.05. (A) No person shall have sexual contact 389
with another, not the spouse of the offender; cause another, not 390
the spouse of the offender, to have sexual contact with the 391
offender; or cause two or more other persons to have sexual 392
contact when any of the following applies: 393
(1) The offender purposely compels the other person, or 395
one of the other persons, to submit by force or threat of force. 396
(2) For the purpose of preventing resistance, the offender 398
substantially impairs the judgment or control of the other person 399
or of one of the other persons by administering any drug or 400
intoxicant to the other person, surreptitiously or by STEALTH, 402
force, threat of force, or deception.
(3) The offender knows that the judgment or control of the 404
other person or of one of the other persons is substantially 405
impaired as a result of the influence of any drug or intoxicant 406
administered to the other person with his THE OTHER PERSON'S 407
consent for the purpose of any kind of medical or dental 409
examination, treatment, or surgery. 410
(4) The other person, or one of the other persons, is less 412
than thirteen years of age, whether or not the offender knows the 413
age of that person. 414
(5) The ability of the other person to resist or consent 416
or the ability of one of the other persons to resist or consent 417
is substantially impaired because of a mental or physical 418
condition or because of advanced age, and the offender knows or 419
has reasonable cause to believe that the ability to resist or 420
consent of the other person or of one of the other persons is 421
10
substantially impaired because of a mental or physical condition 422
or because of advanced age. 423
(B) Whoever violates this section is guilty of gross 425
sexual imposition. Violation EXCEPT AS OTHERWISE PROVIDED IN 426
THIS SECTION, A VIOLATION of division (A)(1), (2), (3), or (5) of 429
this section is a felony of the fourth degree. Violation IF THE 430
OFFENDER UNDER DIVISION (A)(2) OF THIS SECTION SUBSTANTIALLY 432
IMPAIRS THE JUDGMENT OR CONTROL OF THE OTHER PERSON OR ONE OF THE 433
OTHER PERSONS BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED 434
IN SECTION 3719.41 OF THE REVISED CODE TO THE PERSON BY STEALTH, 436
FORCE, THREAT OF FORCE, OR DECEPTION, A VIOLATION OF DIVISION 437
(A)(2) OF THIS SECTION IS A FELONY OF THE THIRD DEGREE. A 439
VIOLATION of division (A)(4) of this section is a felony of the 440
third degree. 441
(C) A victim need not prove physical resistance to the 443
offender in prosecutions under this section. 444
(D) Evidence of specific instances of the victim's sexual 446
activity, opinion evidence of the victim's sexual activity, and 447
reputation evidence of the victim's sexual activity shall not be 448
admitted under this section unless it involves evidence of the 449
origin of semen, pregnancy, or disease, or the victim's past 450
sexual activity with the offender, and only to the extent that 451
the court finds that the evidence is material to a fact at issue 452
in the case and that its inflammatory or prejudicial nature does 453
not outweigh its probative value. 454
Evidence of specific instances of the defendant's sexual 456
activity, opinion evidence of the defendant's sexual activity, 457
and reputation evidence of the defendant's sexual activity shall 458
not be admitted under this section unless it involves evidence of 459
the origin of semen, pregnancy, or disease, the defendant's past 460
sexual activity with the victim, or is admissible against the 461
defendant under section 2945.59 of the Revised Code, and only to 462
the extent that the court finds that the evidence is material to 463
a fact at issue in the case and that its inflammatory or 464
11
prejudicial nature does not outweigh its probative value. 465
(E) Prior to taking testimony or receiving evidence of any 467
sexual activity of the victim or the defendant in a proceeding 468
under this section, the court shall resolve the admissibility of 469
the proposed evidence in a hearing in chambers, which shall be 470
held at or before preliminary hearing and not less than three 471
days before trial, or for good cause shown during the trial. 472
(F) Upon approval by the court, the victim may be 474
represented by counsel in any hearing in chambers or other 475
proceeding to resolve the admissibility of evidence. If the 476
victim is indigent or otherwise is unable to obtain the services 477
of counsel, the court, upon request, may appoint counsel to 478
represent the victim without cost to the victim. 479
Sec. 2907.06. (A) No person shall have sexual contact 488
with another, not the spouse of the offender; cause another, not 489
the spouse of the offender, to have sexual contact with the 490
offender; or cause two or more other persons to have sexual 491
contact when any of the following applies: 492
(1) The offender knows that the sexual contact is 494
offensive to the other person, or one of the other persons, or is 495
reckless in that regard. 496
(2) The offender knows that the other person's, or one of 498
the other person's, ability to appraise the nature of or control 499
the offender's or touching person's conduct is substantially 500
impaired. 501
(3) The offender knows that the other person, or one of 503
the other persons, submits because of being unaware of the sexual 504
contact. 505
(4) The other person, or one of the other persons, is 507
thirteen years of age or older but less than sixteen years of 508
age, whether or not the offender knows the age of such person, 509
and the offender is at least eighteen years of age and four or 510
more years older than such other person. 511
(B) No person shall be convicted of a violation of this 513
12
section solely upon the victim's testimony unsupported by other 514
evidence. 515
(C) Whoever violates this section is guilty of sexual 517
imposition, a misdemeanor of the third degree. If the offender 519
previously has been convicted of a violation of this section or 520
of section 2907.02, 2907.03, 2907.04, OR 2907.05, OF THE REVISED 521
CODE or SECTION 2907.12 of the Revised Code AS IT EXISTED PRIOR 522
TO SEPTEMBER 3, 1996, a violation of this section is a 523
misdemeanor of the first degree. A VIOLATION OF DIVISION (A)(2) 525
OF THIS SECTION IS A MISDEMEANOR OF THE SECOND DEGREE IF THE 526
OTHER PERSON'S OR ONE OF THE OTHER PERSON'S ABILITY TO APPRAISE
THE NATURE OF OR CONTROL THE OTHER PERSON'S OR ONE OF THE OTHER 527
PERSON'S OWN CONDUCT IS SUBSTANTIALLY IMPAIRED UNDER DIVISION 529
(A)(2) OF THIS SECTION BY ANY CONTROLLED SUBSTANCE DESCRIBED IN 530
SECTION 3719.41 OF THE REVISED CODE THAT IS ADMINISTERED BY THE 532
OFFENDER TO THE OTHER PERSON BY STEALTH, FORCE, THREAT OF FORCE, 533
OR DECEPTION.
Sec. 2925.03. (A) No person shall knowingly sell or offer 542
to sell a controlled substance. 543
(B) This section does not apply to any of the following: 545
(1) Manufacturers, practitioners, pharmacists, owners of 547
pharmacies, and other persons whose conduct is in accordance with 548
Chapters 3719., 4715., 4729., 4731., and 4741. or section 4723.56 551
of the Revised Code.;
(2) If the offense involves an anabolic steroid, any 553
person who is conducting or participating in a research project 554
involving the use of an anabolic steroid if the project has been 555
approved by the United States food and drug administration; 556
(3) Any person who sells, offers for sale, prescribes, 558
dispenses, or administers for livestock or other nonhuman species 559
an anabolic steroid that is expressly intended for administration 560
through implants to livestock or other nonhuman species and 561
approved for that purpose under the "Federal Food, Drug, and 562
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 563
13
and is sold, offered for sale, prescribed, dispensed, or 564
administered for that purpose in accordance with that act. 565
(C) Whoever violates division (A) of this section is 567
guilty of one of the following: 568
(1) If the drug involved in the violation is any compound, 571
mixture, preparation, or substance included in schedule I or 572
schedule II, with the exception of marihuana, cocaine, L.S.D., 573
heroin, and hashish, whoever violates division (A) of this 575
section is guilty of aggravated trafficking in drugs. The 576
penalty for the offense shall be determined as follows: 577
(a) Except as otherwise provided in division (C)(1)(b), 580
(c), (d), (e), or (f) of this section, aggravated trafficking in 581
drugs is a felony of the fourth degree, and division (C) of 583
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 585
(b) Except as otherwise provided in division (C)(1)(c), 588
(d), (e), or (f) of this section, if the offense was committed in 589
the vicinity of a school or in the vicinity of a juvenile, 590
aggravated trafficking in drugs is a felony of the third degree, 591
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 592
(c) Except as otherwise provided in this division, if the 594
amount of the drug involved exceeds the bulk amount but does not 596
exceed five times the bulk amount, aggravated trafficking in 597
drugs is a felony of the third degree, and the court shall impose 598
as a mandatory prison term one of the prison terms prescribed for 599
a felony of the third degree. If the amount of the drug involved 600
is within that range and if the offense was committed in the 601
vicinity of a school or in the vicinity of a juvenile, aggravated 602
trafficking in drugs is a felony of the second degree, and the 603
court shall impose as a mandatory prison term one of the prison 604
terms prescribed for a felony of the second degree. 605
(d) Except as otherwise provided in this division, if the 607
amount of the drug involved exceeds five times the bulk amount 609
14
but does not exceed fifty times the bulk amount, aggravated 610
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 611
terms prescribed for a felony of the second degree. If the 612
amount of the drug involved is within that range and if the 613
offense was committed in the vicinity of a school or in the 614
vicinity of a juvenile, aggravated trafficking in drugs is a 615
felony of the first degree, and the court shall impose as a 616
mandatory prison term one of the prison terms prescribed for a 617
felony of the first degree. 618
(e) If the amount of the drug involved exceeds fifty times 621
the bulk amount but does not exceed one hundred times the bulk 622
amount and regardless of whether the offense was committed in the 623
vicinity of a school or in the vicinity of a juvenile, aggravated 624
trafficking in drugs is a felony of the first degree, and the 625
court shall impose as a mandatory prison term one of the prison 626
terms prescribed for a felony of the first degree. 627
(f) If the amount of the drug involved exceeds one hundred 630
times the bulk amount and regardless of whether the offense was 631
committed in the vicinity of a school or in the vicinity of a 632
juvenile, aggravated trafficking in drugs is a felony of the 633
first degree, and the court shall impose as a mandatory prison 634
term the maximum prison term prescribed for a felony of the first 635
degree and may impose an additional prison term prescribed for a 636
major drug offender under division (D)(3)(b) of section 2929.14 637
of the Revised Code. 638
(2) If the drug involved in the violation is any compound, 641
mixture, preparation, or substance included in schedule III, IV, 642
or V, WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever violates 643
division (A) of this section is guilty of trafficking in drugs. 644
The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), 647
(c), (d), or (e) of this section, trafficking in drugs is a 648
felony of the fifth degree, and division (C) of section 2929.13 649
15
of the Revised Code applies in determining whether to impose a 650
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 653
(d), or (e) of this section, if the offense was committed in the 654
vicinity of a school or in the vicinity of a juvenile, 655
trafficking in drugs is a felony of the fourth degree, and 656
division (C) of section 2929.13 of the Revised Code applies in 657
determining whether to impose a prison term on the offender. 659
(c) Except as otherwise provided in this division, if the 661
amount of the drug involved exceeds the bulk amount but does not 663
exceed five times the bulk amount, trafficking in drugs is a 664
felony of the fourth degree, and there is a presumption for a 665
prison term for the offense. If the amount of the drug involved 666
is within that range and if the offense was committed in the 667
vicinity of a school or in the vicinity of a juvenile, 668
trafficking in drugs is a felony of the third degree, and there 669
is a presumption for a prison term for the offense. 670
(d) Except as otherwise provided in this division, if the 672
amount of the drug involved exceeds five times the bulk amount 674
but does not exceed fifty times the bulk amount, trafficking in 675
drugs is a felony of the third degree, and there is a presumption 676
for a prison term for the offense. If the amount of the drug 677
involved is within that range and if the offense was committed in 678
the vicinity of a school or in the vicinity of a juvenile, 679
trafficking in drugs is a felony of the second degree, and there 680
is a presumption for a prison term for the offense. 681
(e) Except as otherwise provided in this division, if the 683
amount of the drug involved exceeds fifty times the bulk amount, 685
trafficking in drugs is a felony of the second degree, and the 686
court shall impose as a mandatory prison term one of the prison 687
terms prescribed for a felony of the second degree. If the 688
amount of the drug involved exceeds fifty times the bulk amount 689
and if the offense was committed in the vicinity of a school or 690
in the vicinity of a juvenile, trafficking in drugs is a felony 691
16
of the first degree, and the court shall impose as a mandatory 692
prison term one of the prison terms prescribed for a felony of 693
the first degree. 694
(3) If the drug involved in the violation is marihuana or 696
a compound, mixture, preparation, or substance containing 697
marihuana other than hashish, whoever violates division (A) of 699
this section is guilty of trafficking in marihuana. The penalty 700
for the offense shall be determined as follows: 701
(a) Except as otherwise provided in division (C)(3)(b), 704
(c), (d), (e), (f), or (g) of this section, trafficking in 705
marihuana is a felony of the fifth degree, and division (C) of 708
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 709
(b) Except as otherwise provided in division (C)(3)(c), 712
(d), (e), (f), or (g) of this section, if the offense was 714
committed in the vicinity of a school or in the vicinity of a 715
juvenile, trafficking in marihuana is a felony of the fourth 716
degree, and division (C) of section 2929.13 of the Revised Code 717
applies in determining whether to impose a prison term on the 718
offender.
(c) Except as otherwise provided in this division, if the 720
amount of the drug involved exceeds two hundred grams but does 722
not exceed one thousand grams, trafficking in marihuana is a 723
felony of the fourth degree, and division (C) of section 2929.13 724
of the Revised Code applies in determining whether to impose a 726
prison term on the offender. If the amount of the drug involved 727
is within that range and if the offense was committed in the 728
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 729
division (C) of section 2929.13 of the Revised Code applies in 730
determining whether to impose a prison term on the offender. 731
(d) Except as otherwise provided in this division, if the 733
amount of the drug involved exceeds one thousand grams but does 735
not exceed five thousand grams, trafficking in marihuana is a 736
17
felony of the third degree, and division (C) of section 2929.13 737
of the Revised Code applies in determining whether to impose a 738
prison term on the offender. If the amount of the drug involved 739
is within that range and if the offense was committed in the 740
vicinity of a school or in the vicinity of a juvenile, 741
trafficking in marihuana is a felony of the second degree, and 742
there is a presumption that a prison term shall be imposed for 743
the offense.
(e) Except as otherwise provided in this division, if the 745
amount of the drug involved exceeds five thousand grams but does 747
not exceed twenty thousand grams, trafficking in marihuana is a 748
felony of the third degree, and there is a presumption that a 749
prison term shall be imposed for the offense. If the amount of 750
the drug involved is within that range and if the offense was 751
committed in the vicinity of a school or in the vicinity of a 752
juvenile, trafficking in marihuana is a felony of the second 753
degree, and there is a presumption that a prison term shall be 754
imposed for the offense. 755
(f) Except as otherwise provided in this division, if the 757
amount of the drug involved exceeds twenty thousand grams, 759
trafficking in marihuana is a felony of the second degree, and 760
the court shall impose as a mandatory prison term the maximum 761
prison term prescribed for a felony of the second degree. If the 762
amount of the drug involved exceeds twenty thousand grams and if 763
the offense was committed in the vicinity of a school or in the 764
vicinity of a juvenile, trafficking in marihuana is a felony of 765
the first degree, and the court shall impose as a mandatory 766
prison term the maximum prison term prescribed for a felony of 767
the first degree. 768
(g) Except as otherwise provided in this division, if the 771
offense involves a gift of twenty grams or less of marihuana, 772
trafficking in marihuana is a minor misdemeanor upon a first 773
offense and a misdemeanor of the third degree upon a subsequent 774
offense. If the offense involves a gift of twenty grams or less 775
18
of marihuana and if the offense was committed in the vicinity of 776
a school or in the vicinity of a juvenile, trafficking in 777
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 779
compound, mixture, preparation, or substance containing cocaine, 780
whoever violates division (A) of this section is guilty of 782
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 783
(a) Except as otherwise provided in division (C)(4)(b), 786
(c), (d), (e), (f), or (g) of this section, trafficking in 787
cocaine is a felony of the fifth degree, and division (C) of 789
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 791
(b) Except as otherwise provided in division (C)(4)(c), 794
(d), (e), (f), or (g) of this section, if the offense was 795
committed in the vicinity of a school or in the vicinity of a 797
juvenile, trafficking in cocaine is a felony of the fourth 798
degree, and division (C) of section 2929.13 of the Revised Code 799
applies in determining whether to impose a prison term on the 801
offender.
(c) Except as otherwise provided in this division, if the 803
amount of the drug involved exceeds five grams but does not 804
exceed ten grams of cocaine that is not crack cocaine or exceeds 806
one gram but does not exceed five grams of crack cocaine, 808
trafficking in cocaine is a felony of the fourth degree, and 809
there is a presumption for a prison term for the offense. If the 810
amount of the drug involved is within one of those ranges and if 811
the offense was committed in the vicinity of a school or in the 812
vicinity of a juvenile, trafficking in cocaine is a felony of the 813
third degree, and there is a presumption for a prison term for 814
the offense.
(d) Except as otherwise provided in this division, if the 816
amount of the drug involved exceeds ten grams but does not exceed 817
one hundred grams of cocaine that is not crack cocaine or exceeds 819
19
five grams but does not exceed ten grams of crack cocaine, 820
trafficking in cocaine is a felony of the third degree, and the 821
court shall impose as a mandatory prison term one of the prison 822
terms prescribed for a felony of the third degree. If the amount 823
of the drug involved is within one of those ranges and if the 824
offense was committed in the vicinity of a school or in the 826
vicinity of a juvenile, trafficking in cocaine is a felony of the 829
second degree, and the court shall impose as a mandatory prison 830
term one of the prison terms prescribed for a felony of the 831
second degree.
(e) Except as otherwise provided in this division, if the 833
amount of the drug involved exceeds one hundred grams but does 834
not exceed five hundred grams of cocaine that is not crack 835
cocaine or exceeds ten grams but does not exceed twenty-five 837
grams of crack cocaine, trafficking in cocaine is a felony of the 839
second degree, and the court shall impose as a mandatory prison 840
term one of the prison terms prescribed for a felony of the 841
second degree. If the amount of the drug involved is within one 842
of those ranges and if the offense was committed in the vicinity 843
of a school or in the vicinity of a juvenile, trafficking in 845
cocaine is a felony of the first degree, and the court shall 847
impose as a mandatory prison term one of the prison terms 848
prescribed for a felony of the first degree. 849
(f) If the amount of the drug involved exceeds five 852
hundred grams but does not exceed one thousand grams of cocaine 853
that is not crack cocaine or exceeds twenty-five grams but does 854
not exceed one hundred grams of crack cocaine and regardless of 855
whether the offense was committed in the vicinity of a school or 856
in the vicinity of a juvenile, trafficking in cocaine is a felony 859
of the first degree, and the court shall impose as a mandatory 860
prison term one of the prison terms prescribed for a felony of 861
the first degree.
(g) If the amount of the drug involved exceeds one 864
thousand grams of cocaine that is not crack cocaine or exceeds 865
20
one hundred grams of crack cocaine and regardless of whether the 867
offense was committed in the vicinity of a school or in the 868
vicinity of a juvenile, trafficking in cocaine is a felony of the 869
first degree, and the court shall impose as a mandatory prison 870
term the maximum prison term prescribed for a felony of the first 871
degree and may impose an additional mandatory prison term 872
prescribed for a major drug offender under division (D)(3)(b) of 874
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 877
compound, mixture, preparation, or substance containing L.S.D., 878
whoever violates division (A) of this section is guilty of 879
trafficking in L.S.D. The penalty for the offense shall be 881
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 884
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 886
is a felony of the fifth degree, and division (C) of section 887
2929.13 of the Revised Code applies in determining whether to 889
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 892
(d), (e), (f), or (g) of this section, if the offense was 893
committed in the vicinity of a school or in the vicinity of a 894
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 896
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 897
(c) Except as otherwise provided in this division, if the 899
amount of the drug involved exceeds ten unit doses but does not 901
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 902
gram but does not exceed five grams of L.S.D. in a liquid 904
concentrate, liquid extract, or liquid distillate form, 906
trafficking in L.S.D. is a felony of the fourth degree, and there 909
is a presumption for a prison term for the offense. If the 910
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 911
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 913
21
third degree, and there is a presumption for a prison term for 914
the offense.
(d) Except as otherwise provided in this division, if the 916
amount of the drug involved exceeds fifty unit doses but does not 918
exceed two hundred fifty unit doses of L.S.D. in a solid form or 919
exceeds five grams but does not exceed twenty-five grams of 921
L.S.D. in a liquid concentrate, liquid extract, or liquid 923
distillate form, trafficking in L.S.D. is a felony of the third 926
degree, and the court shall impose as a mandatory prison term one 927
of the prison terms prescribed for a felony of the third degree. 928
If the amount of the drug involved is within that range and if 929
the offense was committed in the vicinity of a school or in the 930
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 932
second degree, and the court shall impose as a mandatory prison 933
term one of the prison terms prescribed for a felony of the 934
second degree.
(e) Except as otherwise provided in this division, if the 936
amount of the drug involved exceeds two hundred fifty unit doses 938
but does not exceed one thousand unit doses of L.S.D. in a solid 940
form or exceeds twenty-five grams but does not exceed one hundred 942
grams of L.S.D. in a liquid concentrate, liquid extract, or 944
liquid distillate form, trafficking in L.S.D. is a felony of the 946
second degree, and the court shall impose as a mandatory prison 947
term one of the prison terms prescribed for a felony of the 948
second degree. If the amount of the drug involved is within that 949
range and if the offense was committed in the vicinity of a 950
school or in the vicinity of a juvenile, trafficking in L.S.D. is 952
a felony of the first degree, and the court shall impose as a 953
mandatory prison term one of the prison terms prescribed for a 954
felony of the first degree.
(f) If the amount of the drug involved exceeds one 957
thousand unit doses but does not exceed five thousand unit doses 958
of L.S.D. in a solid form or exceeds one hundred grams but does 961
not exceed five hundred grams of L.S.D. in a liquid concentrate, 963
22
liquid extract, or liquid distillate form and regardless of 964
whether the offense was committed in the vicinity of a school or 965
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 966
of the first degree, and the court shall impose as a mandatory 967
prison term one of the prison terms prescribed for a felony of 968
the first degree. 969
(g) If the amount of the drug involved exceeds five 972
thousand unit doses of L.S.D. in a solid form or exceeds five 973
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 975
or liquid distillate form and regardless of whether the offense 978
was committed in the vicinity of a school or in the vicinity of a 979
juvenile, trafficking in L.S.D. is a felony of the first degree, 982
and the court shall impose as a mandatory prison term the maximum 983
prison term prescribed for a felony of the first degree and may 984
impose an additional mandatory prison term prescribed for a major 985
drug offender under division (D)(3)(b) of section 2929.14 of the 987
Revised Code.
(6) If the drug involved in the violation is heroin or a 989
compound, mixture, preparation, or substance containing heroin, 990
whoever violates division (A) of this section is guilty of 992
trafficking in heroin. The penalty for the offense shall be
determined as follows: 993
(a) Except as otherwise provided in division (C)(6)(b), 996
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 998
is a felony of the fifth degree, and division (C) of section 999
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 1,001
(b) Except as otherwise provided in division (C)(6)(c), 1,004
(d), (e), (f), or (g) of this section, if the offense was 1,005
committed in the vicinity of a school or in the vicinity of a 1,008
juvenile, trafficking in heroin is a felony of the fourth degree, 1,009
and division (C) of section 2929.13 of the Revised Code applies 1,011
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 1,013
23
amount of the drug involved exceeds one gram but does not exceed 1,015
five grams, trafficking in heroin is a felony of the fourth 1,016
degree, and there is a presumption for a prison term for the 1,017
offense. If the amount of the drug involved is within that range 1,018
and if the offense was committed in the vicinity of a school or 1,019
in the vicinity of a juvenile, trafficking in heroin is a felony 1,020
of the third degree, and there is a presumption for a prison term 1,021
for the offense. 1,022
(d) Except as otherwise provided in this division, if the 1,024
amount of the drug involved exceeds five grams but does not 1,026
exceed ten grams, trafficking in heroin is a felony of the third 1,027
degree, and there is a presumption for a prison term for the 1,028
offense. If the amount of the drug involved is within that range 1,029
and if the offense was committed in the vicinity of a school or 1,030
in the vicinity of a juvenile, trafficking in heroin is a felony 1,031
of the second degree, and there is a presumption for a prison 1,032
term for the offense. 1,033
(e) Except as otherwise provided in this division, if the 1,035
amount of the drug involved exceeds ten grams but does not exceed 1,037
fifty grams, trafficking in heroin is a felony of the second 1,038
degree, and the court shall impose as a mandatory prison term one 1,039
of the prison terms prescribed for a felony of the second degree. 1,040
If the amount of the drug involved is within that range and if 1,041
the offense was committed in the vicinity of a school or in the 1,042
vicinity of a juvenile, trafficking in heroin is a felony of the 1,043
first degree, and the court shall impose as a mandatory prison 1,044
term one of the prison terms prescribed for a felony of the first 1,045
degree. 1,046
(f) If the amount of the drug involved exceeds fifty grams 1,049
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 1,050
in the vicinity of a juvenile, trafficking in heroin is a felony 1,052
of the first degree, and the court shall impose as a mandatory 1,053
prison term one of the prison terms prescribed for a felony of 1,054
24
the first degree.
(g) If the amount of the drug involved exceeds two hundred 1,057
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 1,058
trafficking in heroin is a felony of the first degree, and the 1,061
court shall impose as a mandatory prison term the maximum prison 1,062
term prescribed for a felony of the first degree and may impose 1,063
an additional mandatory prison term prescribed for a major drug 1,064
offender under division (D)(3)(b) of section 2929.14 of the 1,065
Revised Code. 1,066
(7) If the drug involved in the violation is hashish or a 1,068
compound, mixture, preparation, or substance containing hashish, 1,069
whoever violates division (A) of this section is guilty of 1,071
trafficking in hashish. The penalty for the offense shall be
determined as follows: 1,072
(a) Except as otherwise provided in division (C)(7)(b), 1,075
(c), (d), (e), or (f) of this section, trafficking in hashish is 1,077
a felony of the fifth degree, and division (C) of section 2929.13 1,078
of the Revised Code applies in determining whether to impose a 1,080
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 1,083
(d), (e), or (f) of this section, if the offense was committed in 1,084
the vicinity of a school or in the vicinity of a juvenile, 1,086
trafficking in hashish is a felony of the fourth degree, and 1,087
division (C) of section 2929.13 of the Revised Code applies in 1,088
determining whether to impose a prison term on the offender. 1,089
(c) Except as otherwise provided in this division, if the 1,091
amount of the drug involved exceeds ten grams but does not exceed 1,092
fifty grams of hashish in a solid form or exceeds two grams but 1,093
does not exceed ten grams of hashish in a liquid concentrate, 1,094
liquid extract, or liquid distillate form, trafficking in hashish 1,095
is a felony of the fourth degree, and division (C) of section 1,096
2929.13 of the Revised Code applies in determining whether to 1,097
impose a prison term on the offender. If the amount of the drug 1,098
25
involved is within that range and if the offense was committed in 1,099
the vicinity of a school or in the vicinity of a juvenile, 1,100
trafficking in hashish is a felony of the third degree, and 1,101
division (C) of section 2929.13 of the Revised Code applies in 1,102
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 1,104
amount of the drug involved exceeds fifty grams but does not 1,105
exceed two hundred fifty grams of hashish in a solid form or 1,106
exceeds ten grams but does not exceed fifty grams of hashish in a 1,107
liquid concentrate, liquid extract, or liquid distillate form, 1,108
trafficking in hashish is a felony of the third degree, and 1,110
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 1,111
the amount of the drug involved is within that range and if the 1,113
offense was committed in the vicinity of a school or in the 1,114
vicinity of a juvenile, trafficking in hashish is a felony of the 1,115
second degree, and there is a presumption that a prison term 1,116
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 1,118
amount of the drug involved exceeds two hundred fifty grams but 1,119
does not exceed one thousand grams of hashish in a solid form or 1,120
exceeds fifty grams but does not exceed two hundred grams of 1,121
hashish in a liquid concentrate, liquid extract, or liquid 1,123
distillate form, trafficking in hashish is a felony of the third 1,124
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 1,125
within that range and if the offense was committed in the 1,126
vicinity of a school or in the vicinity of a juvenile, 1,127
trafficking in hashish is a felony of the second degree, and 1,128
there is a presumption that a prison term shall be imposed for 1,129
the offense.
(f) Except as otherwise provided in this division, if the 1,131
amount of the drug involved exceeds one thousand grams of hashish 1,133
in a solid form or exceeds two hundred grams of hashish in a 1,134
26
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 1,136
court shall impose as a mandatory prison term the maximum prison 1,137
term prescribed for a felony of the second degree. If the amount 1,138
of the drug involved exceeds one thousand grams of hashish in a 1,140
solid form or exceeds two hundred grams of hashish in a liquid 1,141
concentrate, liquid extract, or liquid distillate form and if the 1,142
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 1,144
first degree, and the court shall impose as a mandatory prison 1,145
term the maximum prison term prescribed for a felony of the first 1,146
degree.
(8) IF THE DRUG INVOLVED IN THE VIOLATION IS 1,149
FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS 1,150
GUILTY OF TRAFFICKING IN FLUNITRAZEPAM. THE PENALTY FOR THE 1,151
OFFENSE SHALL BE DETERMINED AS FOLLOWS: 1,152
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(b), 1,155
(c), (d), (e), OR (f) OF THIS SECTION, TRAFFICKING IN 1,157
FLUNITRAZEPAM IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) 1,158
OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 1,161
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 1,162
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(c), 1,165
(d), (e), OR (f) OF THIS SECTION, IF THE OFFENSE WAS COMMITTED IN 1,167
THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A JUVENILE,
TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND 1,169
DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN 1,171
DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 1,172
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 1,175
AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS THE BULK AMOUNT BUT
DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT, TRAFFICKING IN 1,177
FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND THE COURT 1,178
SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS 1,179
PRESCRIBED FOR A FELONY OF THE THIRD DEGREE. IF THE AMOUNT OF 1,180
THE FLUNITRAZEPAM INVOLVED IS WITHIN THAT RANGE AND IF THE
27
OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE 1,181
VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY 1,182
OF THE SECOND DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY 1,184
PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF 1,185
THE SECOND DEGREE.
(d) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 1,188
AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS FIVE TIMES THE BULK
AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE BULK AMOUNT, 1,189
TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE SECOND DEGREE, 1,190
AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE 1,191
PRISON TERMS PRESCRIBED FOR A FELONY OF THE SECOND DEGREE. IF 1,192
THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED IS WITHIN THAT RANGE AND 1,193
IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN 1,194
THE VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A 1,195
FELONY OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A 1,196
MANDATORY PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A 1,197
FELONY OF THE FIRST DEGREE.
(e) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,199
FIFTY TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED TIMES 1,201
THE BULK AMOUNT AND REGARDLESS OF WHETHER THE OFFENSE WAS
COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 1,202
JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY OF THE FIRST 1,203
DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON TERM ONE 1,205
OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE. 1,206
(f) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,208
ONE HUNDRED TIMES THE BULK AMOUNT AND REGARDLESS OF WHETHER THE 1,209
OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE 1,210
VICINITY OF A JUVENILE, TRAFFICKING IN FLUNITRAZEPAM IS A FELONY 1,211
OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY 1,213
PRISON TERM THE MAXIMUM PRISON TERM PRESCRIBED FOR A FELONY OF 1,214
THE FIRST DEGREE AND MAY IMPOSE AN ADDITIONAL PRISON TERM 1,215
PRESCRIBED FOR A MAJOR DRUG OFFENDER UNDER DIVISION (D)(3)(b) OF 1,216
SECTION 2929.14 OF THE REVISED CODE. 1,218
(D) In addition to any prison term authorized or required 1,221
28
by division (C) of this section and sections 2929.13 and 2929.14 1,222
of the Revised Code, and in addition to any other sanction 1,223
imposed for the offense under this section or sections 2929.11 to 1,224
2929.18 of the Revised Code, the court that sentences an offender 1,225
who is convicted of or pleads guilty to a violation of division 1,226
(A) of this section shall do all of the following that are 1,228
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 1,231
felony of the first, second, or third degree, the court shall 1,232
impose upon the offender the mandatory fine specified for the 1,233
offense under division (B)(1) of section 2929.18 of the Revised 1,234
Code unless, as specified in that division, the court determines 1,235
that the offender is indigent. Except as otherwise provided in 1,236
division (H)(1) of this section, a mandatory fine or any other 1,237
fine imposed for a violation of this section is subject to 1,238
division (F) of this section. If a person is charged with a 1,239
violation of this section that is a felony of the first, second, 1,240
or third degree, posts bail, and forfeits the bail, the clerk of 1,241
the court shall pay the forfeited bail pursuant to divisions 1,243
(D)(1) and (F) of this section, as if the forfeited bail was a 1,244
fine imposed for a violation of this section. If any amount of 1,245
the forfeited bail remains after that payment and if a fine is 1,246
imposed under division (H)(1) of this section, the clerk of the 1,247
court shall pay the remaining amount of the forfeited bail 1,248
pursuant to divisions (H)(2) and (3) of this section, as if that 1,249
remaining amount was a fine imposed under division (H)(1) of this
section. 1,250
(2) The court shall revoke or suspend the driver's or 1,252
commercial driver's license or permit of the offender in 1,253
accordance with division (G) of this section. 1,254
(3) If the offender is a professionally licensed person or 1,257
a person who has been admitted to the bar by order of the supreme 1,258
court in compliance with its prescribed and published rules, the 1,259
court forthwith shall comply with section 2925.38 of the Revised 1,260
29
Code.
(E) When a person is charged with the sale of or offer to 1,263
sell a bulk amount or a multiple of a bulk amount of a controlled 1,264
substance, the jury, or the court trying the accused, shall 1,266
determine the amount of the controlled substance involved at the 1,267
time of the offense and, if a guilty verdict is returned, shall 1,268
return the findings as part of the verdict. In any such case, it 1,269
is unnecessary to find and return the exact amount of the 1,270
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 1,271
controlled substance involved is the requisite amount, or that 1,273
the amount of the controlled substance involved is less than the 1,274
requisite amount. 1,275
(F)(1) Notwithstanding any contrary provision of section 1,278
3719.21 of the Revised Code and except as provided in division 1,279
(H) of this section, the clerk of the court shall pay any 1,280
mandatory fine imposed pursuant to division (D)(1) of this 1,283
section and any fine other than a mandatory fine that is imposed 1,284
for a violation of this section pursuant to division (A) or 1,285
(B)(5) of section 2929.18 of the Revised Code to the county, 1,287
township, municipal corporation, park district, as created 1,288
pursuant to section 511.18 or 1545.04 of the Revised Code, or 1,289
state law enforcement agencies in this state that primarily were 1,290
responsible for or involved in making the arrest of, and in 1,291
prosecuting, the offender. However, the clerk shall not pay a 1,292
mandatory fine so imposed to a law enforcement agency unless the 1,293
agency has adopted a written internal control policy under 1,294
division (F)(2) of this section that addresses the use of the 1,296
fine moneys that it receives. Each agency shall use the 1,298
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 1,300
written internal control policy adopted by the recipient agency 1,301
under division (F)(2) of this section. 1,302
(2)(a) Prior to receiving any fine moneys under division 1,304
30
(F)(1) of this section or division (B)(5) of section 2925.42 of 1,307
the Revised Code, a law enforcement agency shall adopt a written 1,308
internal control policy that addresses the agency's use and 1,309
disposition of all fine moneys so received and that provides for 1,310
the keeping of detailed financial records of the receipts of 1,311
those fine moneys, the general types of expenditures made out of 1,312
those fine moneys, and the specific amount of each general type 1,313
of expenditure. The policy shall not provide for or permit the 1,314
identification of any specific expenditure that is made in an 1,315
ongoing investigation. All financial records of the receipts of 1,316
those fine moneys, the general types of expenditures made out of 1,317
those fine moneys, and the specific amount of each general type 1,318
of expenditure by an agency are public records open for 1,319
inspection under section 149.43 of the Revised Code. 1,320
Additionally, a written internal control policy adopted under 1,321
this division is such a public record, and the agency that 1,322
adopted it shall comply with it. 1,323
(b) Each law enforcement agency that receives in any 1,325
calendar year any fine moneys under division (F)(1) of this 1,326
section or division (B)(5) of section 2925.42 of the Revised Code 1,327
shall prepare a report covering the calendar year that cumulates 1,328
all of the information contained in all of the public financial 1,329
records kept by the agency pursuant to division (F)(2)(a) of this 1,331
section for that calendar year, and shall send a copy of the 1,332
cumulative report, no later than the first day of March in the 1,333
calendar year following the calendar year covered by the report, 1,334
to the attorney general. Each report received by the attorney 1,335
general is a public record open for inspection under section 1,336
149.43 of the Revised Code. The attorney general shall make 1,337
copies of each report received, and, no later than the fifteenth 1,338
day of April in the calendar year in which the report is 1,339
received, shall send a copy of it to the president of the senate 1,340
and the speaker of the house of representatives. 1,341
(3) As used in division (F) of this section: 1,344
31
(a) "Law enforcement agencies" includes, but is not 1,346
limited to, the state board of pharmacy and the office of a 1,347
prosecutor. 1,348
(b) "Prosecutor" has the same meaning as in section 1,350
2935.01 of the Revised Code. 1,351
(G) When required under division (D)(2) of this section, 1,355
the court either shall revoke or, if it does not revoke, shall 1,356
suspend for not less than six months or more than five years, the 1,357
driver's or commercial driver's license or permit of any person 1,359
who is convicted of or pleads guilty to a violation of this 1,361
section that is a felony of the first degree and shall suspend 1,362
for not less than six months or more than five years the driver's 1,364
or commercial driver's license or permit of any person who is 1,366
convicted of or pleads guilty to any other violation of this 1,367
section. If an offender's driver's or commercial driver's 1,368
license or permit is revoked pursuant to this division, the 1,370
offender, at any time after the expiration of two years from the 1,371
day on which the offender's sentence was imposed or from the day 1,372
on which the offender finally was released from a prison term 1,375
under the sentence, whichever is later, may file a motion with 1,376
the sentencing court requesting termination of the revocation; 1,377
upon the filing of such a motion and the court's finding of good 1,378
cause for the termination, the court may terminate the 1,379
revocation.
(H)(1) In addition to any prison term authorized or 1,382
required by division (C) of this section and sections 2929.13 and 1,383
2929.14 of the Revised Code, in addition to any other penalty or 1,385
sanction imposed for the offense under this section or sections 1,386
2929.11 to 2929.181 of the Revised Code, and in addition to the 1,387
forfeiture of property in connection with the offense as 1,388
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,390
the court that sentences an offender who is convicted of or 1,391
pleads guilty to a violation of division (A) of this section may 1,392
impose upon the offender an additional fine specified for the 1,393
32
offense in division (B)(4) of section 2929.18 of the Revised 1,395
Code. A fine imposed under division (H)(1) of this section is 1,397
not subject to division (F) of this section and shall be used 1,398
solely for the support of one or more eligible alcohol and drug 1,399
addiction programs in accordance with divisions (H)(2) and (3) of 1,400
this section.
(2) The court that imposes a fine under division (H)(1) of 1,403
this section shall specify in the judgment that imposes the fine 1,404
one or more eligible alcohol and drug addiction programs for the 1,405
support of which the fine money is to be used. No alcohol and 1,406
drug addiction program shall receive or use money paid or 1,407
collected in satisfaction of a fine imposed under division (H)(1) 1,409
of this section unless the program is specified in the judgment 1,410
that imposes the fine. No alcohol and drug addiction program 1,411
shall be specified in the judgment unless the program is an 1,412
eligible alcohol and drug addiction program and, except as 1,413
otherwise provided in division (H)(2) of this section, unless the 1,415
program is located in the county in which the court that imposes 1,416
the fine is located or in a county that is immediately contiguous 1,417
to the county in which that court is located. If no eligible 1,418
alcohol and drug addiction program is located in any of those 1,419
counties, the judgment may specify an eligible alcohol and drug 1,420
addiction program that is located anywhere within this state. 1,421
(3) Notwithstanding any contrary provision of section 1,423
3719.21 of the Revised Code, the clerk of the court shall pay any 1,425
fine imposed under division (H)(1) of this section to the 1,426
eligible alcohol and drug addiction program specified pursuant to 1,427
division (H)(2) of this section in the judgment. The eligible 1,428
alcohol and drug addiction program that receives the fine moneys 1,429
shall use the moneys only for the alcohol and drug addiction 1,430
services identified in the application for certification under 1,431
section 3793.06 of the Revised Code or in the application for a 1,432
license under section 3793.11 of the Revised Code filed with the 1,434
department of alcohol and drug addiction services by the alcohol
33
and drug addiction program specified in the judgment. 1,435
(4) Each alcohol and drug addiction program that receives 1,437
in a calendar year any fine moneys under division (H)(3) of this 1,439
section shall file an annual report covering that calendar year 1,440
with the court of common pleas and the board of county 1,441
commissioners of the county in which the program is located, with 1,442
the court of common pleas and the board of county commissioners 1,443
of each county from which the program received the moneys if that 1,444
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,445
addiction program shall file the report no later than the first 1,446
day of March in the calendar year following the calendar year in 1,448
which the program received the fine moneys. The report shall 1,449
include statistics on the number of persons served by the alcohol 1,450
and drug addiction program, identify the types of alcohol and 1,451
drug addiction services provided to those persons, and include a 1,452
specific accounting of the purposes for which the fine moneys 1,453
received were used. No information contained in the report shall 1,454
identify, or enable a person to determine the identity of, any 1,455
person served by the alcohol and drug addiction program. Each 1,456
report received by a court of common pleas, a board of county 1,457
commissioners, or the attorney general is a public record open 1,458
for inspection under section 149.43 of the Revised Code. 1,459
(5) As used in divisions (H)(1) to (5) of this section: 1,461
(a) "Alcohol and drug addiction program" and "alcohol and 1,464
drug addiction services" have the same meanings as in section 1,465
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 1,468
alcohol and drug addiction program that is certified under 1,469
section 3793.06 of the Revised Code or licensed under section 1,470
3793.11 of the Revised Code by the department of alcohol and drug 1,472
addiction services.
Sec. 2925.11. (A) No person shall knowingly obtain, 1,481
possess, or use a controlled substance. 1,482
34
(B) This section does not apply to any of the following: 1,484
(1) Manufacturers, practitioners, pharmacists, owners of 1,486
pharmacies, and other persons whose conduct was in accordance 1,487
with Chapters 3719., 4715., 4729., 4731., and 4741. or section 1,489
4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any 1,491
person who is conducting or participating in a research project 1,492
involving the use of an anabolic steroid if the project has been 1,493
approved by the United States food and drug administration; 1,494
(3) Any person who sells, offers for sale, prescribes, 1,496
dispenses, or administers for livestock or other nonhuman species 1,497
an anabolic steroid that is expressly intended for administration 1,498
through implants to livestock or other nonhuman species and 1,499
approved for that purpose under the "Federal Food, Drug, and 1,500
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,501
and is sold, offered for sale, prescribed, dispensed, or 1,502
administered for that purpose in accordance with that act; 1,503
(4) Any person who obtained the controlled substance 1,505
pursuant to a prescription issued by a practitioner, where the 1,506
drug is in the original container in which it was dispensed to 1,507
such person. 1,508
(C) Whoever violates division (A) of this section is 1,510
guilty of one of the following: 1,511
(1) If the drug involved in the violation is a compound, 1,513
mixture, preparation, or substance included in schedule I or II, 1,514
with the exception of marihuana, cocaine, L.S.D., heroin, and 1,517
hashish, whoever violates division (A) of this section is guilty 1,518
of aggravated possession of drugs. The penalty for the offense 1,519
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 1,522
(c), (d), or (e) of this section, aggravated possession of drugs 1,523
is a felony of the fifth degree, and division (B) of section 1,524
2929.13 of the Revised Code applies in determining whether to 1,525
impose a prison term on the offender.
35
(b) If the amount of the drug involved exceeds the bulk 1,528
amount but does not exceed five times the bulk amount, aggravated 1,529
possession of drugs is a felony of the third degree, and there is 1,530
a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds five times 1,533
the bulk amount but does not exceed fifty times the bulk amount, 1,534
aggravated possession of drugs is a felony of the second degree, 1,535
and the court shall impose as a mandatory prison term one of the 1,536
prison terms prescribed for a felony of the second degree. 1,537
(d) If the amount of the drug involved exceeds fifty times 1,539
the bulk amount but does not exceed one hundred times the bulk 1,540
amount, aggravated possession of drugs is a felony of the first 1,541
degree, and the court shall impose as a mandatory prison term one 1,542
of the prison terms prescribed for a felony of the first degree. 1,543
(e) If the amount of the drug involved exceeds one hundred 1,545
times the bulk amount, aggravated possession of drugs is a felony 1,546
of the first degree, and the court shall impose as a mandatory 1,547
prison term the maximum prison term prescribed for a felony of 1,548
the first degree and may impose an additional mandatory prison 1,549
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code. 1,550
(2) If the drug involved in the violation is a compound, 1,552
mixture, preparation, or substance included in schedule III, IV, 1,554
or V, WITH THE EXCEPTION OF FLUNITRAZEPAM, whoever violates 1,555
division (A) of this section is guilty of possession of drugs. 1,558
The penalty for the offense shall be determined as follows: 1,559
(a) Except as otherwise provided in division (C)(2)(b), 1,562
(c), or (d) of this section, possession of drugs is a misdemeanor 1,563
of the third degree or, if the offender previously has been 1,564
convicted of a drug abuse offense, a misdemeanor of the second 1,565
degree. If the drug involved in the violation is an anabolic 1,566
steroid included in schedule III and if the offense is a 1,567
misdemeanor of the third degree under this division, in lieu of 1,568
sentencing the offender to a term of imprisonment in a detention 1,569
36
facility, the court may place the offender on conditional 1,570
probation pursuant to division (F) of section 2951.02 of the 1,572
Revised Code. 1,573
(b) If the amount of the drug involved exceeds the bulk 1,576
amount but does not exceed five times the bulk amount, possession 1,577
of drugs is a felony of the fourth degree, and division (C) of 1,578
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,579
(c) If the amount of the drug involved exceeds five times 1,582
the bulk amount but does not exceed fifty times the bulk amount, 1,583
possession of drugs is a felony of the third degree, and there is 1,584
a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds fifty times 1,587
the bulk amount, possession of drugs is a felony of the second 1,588
degree, and the court shall impose upon the offender as a 1,589
mandatory prison term one of the prison terms prescribed for a 1,590
felony of the second degree.
(3) If the drug involved in the violation is marihuana or 1,592
a compound, mixture, preparation, or substance containing 1,593
marihuana other than hashish, whoever violates division (A) of 1,595
this section is guilty of possession of marihuana. The penalty 1,596
for the offense shall be determined as follows: 1,597
(a) Except as otherwise provided in division (C)(3)(b), 1,600
(c), (d), (e), or (f) of this section, possession of marihuana is 1,601
a minor misdemeanor. 1,602
(b) If the amount of the drug involved equals or exceeds 1,605
one hundred grams but does not exceed two hundred grams, 1,606
possession of marihuana is a misdemeanor of the fourth degree. 1,607
(c) If the amount of the drug involved exceeds two hundred 1,610
grams but does not exceed one thousand grams, possession of 1,611
marihuana is a felony of the fifth degree, and division (B) of 1,612
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,614
(d) If the amount of the drug involved exceeds one 1,617
37
thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and 1,618
division (C) of section 2929.13 of the Revised Code applies in 1,619
determining whether to impose a prison term on the offender. 1,620
(e) If the amount of the drug involved exceeds five 1,623
thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and 1,624
there is a presumption that a prison term shall be imposed for 1,625
the offense. 1,626
(f) If the amount of the drug involved exceeds twenty 1,629
thousand grams, possession of marihuana is a felony of the second 1,630
degree, and the court shall impose as a mandatory prison term the 1,631
maximum prison term prescribed for a felony of the second degree. 1,632
(4) If the drug involved in the violation is cocaine or a 1,635
compound, mixture, preparation, or substance containing cocaine, 1,636
whoever violates division (A) of this section is guilty of 1,637
possession of cocaine. The penalty for the offense shall be 1,638
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 1,641
(c), (d), (e), or (f) of this section, possession of cocaine is a 1,642
felony of the fifth degree, and division (B) of section 2929.13 1,643
of the Revised Code applies in determining whether to impose a 1,644
prison term on the offender.
(b) If the amount of the drug involved exceeds five grams 1,647
but does not exceed twenty-five grams of cocaine that is not
crack cocaine or exceeds one gram but does not exceed five grams 1,649
of crack cocaine, possession of cocaine is a felony of the fourth 1,650
degree, and there is a presumption for a prison term for the 1,651
offense.
(c) If the amount of the drug involved exceeds twenty-five 1,654
grams but does not exceed one hundred grams of cocaine that is 1,655
not crack cocaine or exceeds five grams but does not exceed ten 1,657
grams of crack cocaine, possession of cocaine is a felony of the 1,658
third degree, and the court shall impose as a mandatory prison 1,659
38
term one of the prison terms prescribed for a felony of the third 1,660
degree.
(d) If the amount of the drug involved exceeds one hundred 1,663
grams but does not exceed five hundred grams of cocaine that is 1,664
not crack cocaine or exceeds ten grams but does not exceed 1,666
twenty-five grams of crack cocaine, possession of cocaine is a 1,667
felony of the second degree, and the court shall impose as a 1,668
mandatory prison term one of the prison terms prescribed for a 1,669
felony of the second degree.
(e) If the amount of the drug involved exceeds five 1,672
hundred grams but does not exceed one thousand grams of cocaine 1,673
that is not crack cocaine or exceeds twenty-five grams but does 1,675
not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the court shall 1,677
impose as a mandatory prison term one of the prison terms 1,678
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 1,681
thousand grams of cocaine that is not crack cocaine or exceeds 1,682
one hundred grams of crack cocaine, possession of cocaine is a 1,683
felony of the first degree, and the court shall impose as a 1,684
mandatory prison term the maximum prison term prescribed for a 1,685
felony of the first degree and may impose an additional mandatory 1,686
prison term prescribed for a major drug offender under division 1,687
(D)(3)(b) of section 2929.14 of the Revised Code. 1,689
(5) If the drug involved in the violation is L.S.D., 1,692
whoever violates division (A) of this section is guilty of 1,693
possession of L.S.D. The penalty for the offense shall be 1,695
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,698
(c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 1,699
of the Revised Code applies in determining whether to impose a 1,700
prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit 1,702
39
doses but does not exceed fifty unit doses of L.S.D. in a solid 1,704
form or exceeds one gram but does not exceed five grams of L.S.D. 1,705
in a liquid concentrate, liquid extract, or liquid distillate 1,706
form, possession of L.S.D. is a felony of the fourth degree, and 1,709
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 1,710
(c) If the amount of L.S.D. involved exceeds fifty unit 1,713
doses, but does not exceed two hundred fifty unit doses of L.S.D. 1,715
in a solid form or exceeds five grams but does not exceed 1,716
twenty-five grams of L.S.D. in a liquid concentrate, liquid 1,717
extract, or liquid distillate form, possession of L.S.D. is a 1,718
felony of the third degree, and there is a presumption for a 1,719
prison term for the offense.
(d) If the amount of L.S.D. involved exceeds two hundred 1,722
fifty unit doses but does not exceed one thousand unit doses of 1,724
L.S.D. in a solid form or exceeds twenty-five grams but does not 1,725
exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form, possession of L.S.D. 1,727
is a felony of the second degree, and the court shall impose as a 1,728
mandatory prison term one of the prison terms prescribed for a 1,729
felony of the second degree. 1,730
(e) If the amount of L.S.D. involved exceeds one thousand 1,733
unit doses but does not exceed five thousand unit doses of L.S.D. 1,735
in a solid form or exceeds one hundred grams but does not exceed 1,736
five hundred grams of L.S.D. in a liquid concentrate, liquid 1,737
extract, or liquid distillate form, possession of L.S.D. is a 1,738
felony of the first degree, and the court shall impose as a 1,739
mandatory prison term one of the prison terms prescribed for a 1,740
felony of the first degree.
(f) If the amount of L.S.D. involved exceeds five thousand 1,743
unit doses of L.S.D. in a solid form or exceeds five hundred 1,746
grams of L.S.D. in a liquid concentrate, liquid extract, or 1,747
liquid distillate form, possession of L.S.D. is a felony of the 1,749
first degree, and the court shall impose as a mandatory prison 1,750
40
term the maximum prison term prescribed for a felony of the first 1,751
degree and may impose an additional mandatory prison term 1,752
prescribed for a major drug offender under division (D)(3)(b) of 1,753
section 2929.14 of the Revised Code. 1,754
(6) If the drug involved in the violation is heroin or a 1,756
compound, mixture, preparation, or substance containing heroin, 1,757
whoever violates division (A) of this section is guilty of 1,759
possession of heroin. The penalty for the offense shall be
determined as follows: 1,760
(a) Except as otherwise provided in division (C)(6)(b), 1,763
(c), (d), (e), or (f) of this section, possession of heroin is a 1,764
felony of the fifth degree, and division (B) of section 2929.13 1,765
of the Revised Code applies in determining whether to impose a 1,766
prison term on the offender.
(b) If the amount of the drug involved exceeds one gram 1,769
but does not exceed five grams, possession of heroin is a felony 1,770
of the fourth degree, and division (C) of section 2929.13 of the 1,771
Revised Code applies in determining whether to impose a prison
term on the offender. 1,772
(c) If the amount of the drug involved exceeds five grams 1,775
but does not exceed ten grams, possession of heroin is a felony 1,776
of the third degree, and there is a presumption for a prison term 1,777
for the offense.
(d) If the amount of the drug involved exceeds ten grams 1,780
but does not exceed fifty grams, possession of heroin is a felony 1,781
of the second degree, and the court shall impose as a mandatory 1,782
prison term one of the prison terms prescribed for a felony of 1,783
the second degree.
(e) If the amount of the drug involved exceeds fifty grams 1,786
but does not exceed two hundred fifty grams, possession of heroin 1,787
is a felony of the first degree, and the court shall impose as a 1,788
mandatory prison term one of the prison terms prescribed for a 1,789
felony of the first degree.
(f) If the amount of the drug involved exceeds two hundred 1,792
41
fifty grams, possession of heroin is a felony of the first 1,793
degree, and the court shall impose as a mandatory prison term the 1,794
maximum prison term prescribed for a felony of the first degree 1,795
and may impose an additional mandatory prison term prescribed for 1,796
a major drug offender under division (D)(3)(b) of section 2929.14 1,797
of the Revised Code. 1,798
(7) If the drug involved in the violation is hashish or a 1,800
compound, mixture, preparation, or substance containing hashish, 1,801
whoever violates division (A) of this section is guilty of 1,803
possession of hashish. The penalty for the offense shall be
determined as follows: 1,804
(a) Except as otherwise provided in division (C)(7)(b), 1,807
(c), (d), (e), or (f) of this section, possession of hashish is a 1,808
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 1,810
five grams but does not exceed ten grams of hashish in a solid 1,811
form or equals or exceeds one gram but does not exceed two grams 1,812
of hashish in a liquid concentrate, liquid extract, or liquid 1,813
distillate form, possession of hashish is a misdemeanor of the 1,814
fourth degree.
(c) If the amount of the drug involved exceeds ten grams 1,817
but does not exceed fifty grams of hashish in a solid form or
exceeds two grams but does not exceed ten grams of hashish in a 1,818
liquid concentrate, liquid extract, or liquid distillate form, 1,819
possession of hashish is a felony of the fifth degree, and 1,820
division (B) of section 2929.13 of the Revised Code applies in 1,821
determining whether to impose a prison term on the offender. 1,823
(d) If the amount of the drug involved exceeds fifty grams 1,826
but does not exceed two hundred fifty grams of hashish in a solid
form or exceeds ten grams but does not exceed fifty grams of 1,827
hashish in a liquid concentrate, liquid extract, or liquid 1,828
distillate form, possession of hashish is a felony of the third 1,829
degree, and division (C) of section 2929.13 of the Revised Code 1,830
applies in determining whether to impose a prison term on the 1,831
42
offender.
(e) If the amount of the drug involved exceeds two hundred 1,834
fifty grams but does not exceed one thousand grams of hashish in
a solid form or exceeds fifty grams but does not exceed two 1,835
hundred grams of hashish in a liquid concentrate, liquid extract, 1,836
or liquid distillate form, possession of hashish is a felony of 1,837
the third degree, and there is a presumption that a prison term 1,838
shall be imposed for the offense.
(f) If the amount of the drug involved exceeds one 1,841
thousand grams of hashish in a solid form or exceeds two hundred
grams of hashish in a liquid concentrate, liquid extract, or 1,842
liquid distillate form, possession of hashish is a felony of the 1,843
second degree, and the court shall impose as a mandatory prison 1,844
term the maximum prison term prescribed for a felony of the 1,845
second degree. 1,846
(8) IF THE DRUG INVOLVED IN THE VIOLATION IS 1,848
FLUNITRAZEPAM, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS 1,850
GUILTY OF POSSESSION OF FLUNITRAZEPAM. THE PENALTY FOR THE 1,851
OFFENSE SHALL BE DETERMINED AS FOLLOWS: 1,852
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(8)(b), 1,855
(c), (d), OR (e) OF THIS SECTION, POSSESSION OF FLUNITRAZEPAM IS 1,856
A FELONY OF THE FIFTH DEGREE, AND DIVISION (B) OF SECTION 2929.13 1,858
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 1,861
PRISON TERM ON THE OFFENDER. 1,862
(b) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,864
THE BULK AMOUNT BUT DOES NOT EXCEED FIVE TIMES THE BULK AMOUNT, 1,865
POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE THIRD DEGREE, AND 1,866
THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. 1,867
(c) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,869
FIVE TIMES THE BULK AMOUNT BUT DOES NOT EXCEED FIFTY TIMES THE 1,870
BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE 1,871
SECOND DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON 1,872
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE 1,873
SECOND DEGREE. 1,874
43
(d) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,876
FIFTY TIMES THE BULK AMOUNT BUT DOES NOT EXCEED ONE HUNDRED TIMES 1,877
THE BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS A FELONY OF THE 1,878
FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A MANDATORY PRISON 1,879
TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST 1,881
DEGREE.
(e) IF THE AMOUNT OF THE FLUNITRAZEPAM INVOLVED EXCEEDS 1,883
ONE HUNDRED TIMES THE BULK AMOUNT, POSSESSION OF FLUNITRAZEPAM IS 1,884
A FELONY OF THE FIRST DEGREE, AND THE COURT SHALL IMPOSE AS A 1,885
MANDATORY PRISON TERM THE MAXIMUM PRISON TERM PRESCRIBED FOR A 1,886
FELONY OF THE FIRST DEGREE AND MAY IMPOSE AN ADDITIONAL PRISON 1,887
TERM PRESCRIBED FOR A MAJOR DRUG OFFENDER UNDER DIVISION 1,889
(D)(3)(b) OF SECTION 2929.14 OF THE REVISED CODE. 1,891
(D) Arrest or conviction for a minor misdemeanor violation 1,893
of this section does not constitute a criminal record and need 1,894
not be reported by the person so arrested or convicted in 1,895
response to any inquiries about the person's criminal record, 1,896
including any inquiries contained in any application for 1,897
employment, license, or other right or privilege, or made in 1,898
connection with the person's appearance as a witness. 1,899
(E) In addition to any prison term authorized or required 1,902
by division (C) of this section and sections 2929.13 and 2929.14 1,903
of the Revised Code and in addition to any other sanction that is 1,904
imposed for the offense under this section or sections 2929.11 to 1,905
2929.18 of the Revised Code, the court that sentences an offender 1,908
who is convicted of or pleads guilty to a violation of division 1,909
(A) of this section shall do all of the following that are 1,910
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,913
or third degree, the court shall impose upon the offender the 1,914
mandatory fine specified for the offense under division (B)(1) of 1,915
section 2929.18 of the Revised Code unless, as specified in that 1,916
division, the court determines that the offender is indigent. 1,917
(b) Notwithstanding any contrary provision of section 1,919
44
3719.21 of the Revised Code, the clerk of the court shall pay a 1,921
mandatory fine or other fine imposed for a violation of this 1,922
section pursuant to division (A) of section 2929.18 of the 1,923
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 1,924
agency that receives the fine shall use the fine as specified in 1,925
division (F) of section 2925.03 of the Revised Code. 1,926
(c) If a person is charged with a violation of this 1,928
section that is a felony of the first, second, or third degree, 1,929
posts bail, and forfeits the bail, the clerk shall pay the 1,930
forfeited bail pursuant to division (E)(1)(b) of this section as 1,931
if it were a mandatory fine imposed under division (E)(1)(a) of 1,932
this section.
(2) The court shall suspend for not less than six months 1,934
or more than five years the driver's or commercial driver's 1,935
license or permit of any person who is convicted of or has 1,936
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 1,938
a person who has been admitted to the bar by order of the supreme 1,940
court in compliance with its prescribed and published rules, in 1,941
addition to any other sanction imposed for a violation of this 1,942
section, the court forthwith shall comply with section 2925.38 of 1,943
the Revised Code.
(F) It is an affirmative defense, as provided in section 1,945
2901.05 of the Revised Code, to a charge of a fourth degree 1,946
felony violation under this section that the controlled substance 1,947
that gave rise to the charge is in an amount, is in a form, is 1,950
prepared, compounded, or mixed with substances that are not 1,952
controlled substances in a manner, or is possessed under any 1,953
other circumstances, that indicate that the substance was 1,954
possessed solely for personal use. Notwithstanding any contrary 1,956
provision of this section, if, in accordance with section 2901.05 1,957
of the Revised Code, an accused who is charged with a fourth 1,958
degree felony violation of division (C)(2), (4), (5), or (6) of 1,959
45
this section sustains the burden of going forward with evidence 1,960
of and establishes by a preponderance of the evidence the 1,961
affirmative defense described in this division, the accused may 1,962
be prosecuted for and may plead guilty to or be convicted of a 1,963
misdemeanor violation of division (C)(2) of this section or a 1,964
fifth degree felony violation of division (C)(4), (5), or (6) of 1,965
this section respectively. 1,966
(G) When a person is charged with possessing a bulk amount 1,968
or multiple of a bulk amount, division (E) of section 2925.03 of 1,970
the Revised Code applies regarding the determination of the 1,971
amount of the controlled substance involved at the time of the 1,972
offense.
Sec. 2929.13. (A) Except as provided in division (E), 1,987
(F), or (G) of this section and unless a specific sanction is 1,988
required to be imposed or is precluded from being imposed 1,989
pursuant to law, a court that imposes a sentence upon an offender 1,990
for a felony may impose any sanction or combination of sanctions 1,991
on the offender that are provided in sections 2929.14 to 2929.18 1,992
of the Revised Code. The sentence shall not impose an 1,993
unnecessary burden on state or local government resources. 1,994
If the offender is eligible to be sentenced to community 1,996
control sanctions, the court shall consider the appropriateness 1,998
of imposing a financial sanction pursuant to section 2929.18 of 1,999
the Revised Code or a sanction of community service pursuant to 2,001
section 2929.17 of the Revised Code as the sole sanction for the 2,002
offense. Except as otherwise provided in this division, if the 2,003
court is required to impose a mandatory prison term for the 2,004
offense for which sentence is being imposed, the court also may 2,005
impose a financial sanction pursuant to section 2929.18 of the 2,006
Revised Code but may not impose any additional sanction or 2,007
combination of sanctions under section 2929.16 or 2929.17 of the 2,008
Revised Code. 2,009
If the offender is being sentenced for a fourth degree 2,011
felony OMVI offense, in addition to the mandatory term of local 2,012
46
incarceration or the mandatory prison term required for the 2,014
offense by division (G)(1) or (2) of this section, the court 2,016
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 2,019
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 2,021
offender be sentenced to a mandatory term of local incarceration, 2,022
an additional community control sanction or combination of 2,024
community control sanctions under section 2929.16 or 2929.17 of 2,025
the Revised Code; 2,026
(2) If division (G)(2) of this section requires that the 2,028
offender be sentenced to a mandatory prison term, an additional 2,029
prison term as described in division (D)(4) of section 2929.14 of 2,030
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 2,033
(G) of this section, in sentencing an offender for a felony of 2,034
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 2,036
(a) In committing the offense, the offender caused 2,038
physical harm to a person. 2,039
(b) In committing the offense, the offender attempted to 2,042
cause or made an actual threat of physical harm to a person with 2,043
a deadly weapon.
(c) In committing the offense, the offender attempted to 2,046
cause or made an actual threat of physical harm to a person, and 2,047
the offender previously was convicted of an offense that caused 2,048
physical harm to a person.
(d) The offender held a public office or position of trust 2,051
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 2,052
or to bring those committing it to justice; or the offender's 2,053
professional reputation or position facilitated the offense or 2,054
was likely to influence the future conduct of others. 2,055
(e) The offender committed the offense for hire or as part 2,057
47
of an organized criminal activity. 2,058
(f) The offense is a sex offense that is a fourth or fifth 2,061
degree felony violation of section 2907.03, 2907.04, 2907.05, 2,062
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 2,063
Revised Code.
(g) The offender previously served a prison term. 2,065
(h) The offender previously was subject to a community 2,067
control sanction, and the offender committed another offense 2,069
while under the sanction.
(2)(a) If the court makes a finding described in division 2,072
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 2,073
and if the court, after considering the factors set forth in 2,074
section 2929.12 of the Revised Code, finds that a prison term is 2,076
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 2,078
offender is not amenable to an available community control 2,079
sanction, the court shall impose a prison term upon the offender. 2,080
(b) Except as provided in division (E), (F), or (G) of 2,082
this section, if the court does not make a finding described in 2,084
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 2,085
section and if the court, after considering the factors set forth 2,086
in section 2929.12 of the Revised Code, finds that a community 2,088
control sanction or combination of community control sanctions is 2,090
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 2,093
impose a community control sanction or combination of community 2,094
control sanctions upon the offender. 2,095
(C) Except as provided in division (E) or (F) of this 2,098
section, in determining whether to impose a prison term as a 2,099
sanction for a felony of the third degree or a felony drug 2,100
offense that is a violation of a provision of Chapter 2925. of 2,102
the Revised Code and that is specified as being subject to this 2,105
division for purposes of sentencing, the sentencing court shall 2,106
comply with the purposes and principles of sentencing under 2,107
48
section 2929.11 of the Revised Code and with section 2929.12 of 2,110
the Revised Code.
(D) Except as provided in division (E) or (F) of this 2,113
section, for a felony of the first or second degree and for a 2,114
felony drug offense that is a violation of any provision of 2,115
Chapter 2925., 3719., or 4729. of the Revised Code for which a 2,116
presumption in favor of a prison term is specified as being 2,117
applicable, it is presumed that a prison term is necessary in 2,118
order to comply with the purposes and principles of sentencing 2,119
under section 2929.11 of the Revised Code. Notwithstanding the 2,120
presumption established under this division, the sentencing court 2,121
may impose a community control sanction or a combination of 2,122
community control sanctions instead of a prison term on an 2,123
offender for a felony of the first or second degree or for a 2,124
felony drug offense that is a violation of any provision of 2,125
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 2,126
applicable if it makes both of the following findings: 2,128
(1) A community control sanction or a combination of 2,130
community control sanctions would adequately punish the offender 2,132
and protect the public from future crime, because the applicable 2,133
factors under section 2929.12 of the Revised Code indicating a 2,135
lesser likelihood of recidivism outweigh the applicable factors 2,137
under that section indicating a greater likelihood of recidivism. 2,139
(2) A community control sanction or a combination of 2,141
community control sanctions would not demean the seriousness of 2,143
the offense, because one or more factors under section 2929.12 of 2,144
the Revised Code that indicate that the offender's conduct was 2,145
less serious than conduct normally constituting the offense are 2,146
applicable, and they outweigh the applicable factors under that 2,147
section that indicate that the offender's conduct was more 2,148
serious than conduct normally constituting the offense. 2,149
(E)(1) Except as provided in division (F) of this section, 2,152
for any drug offense that is a violation of any provision of 2,153
49
Chapter 2925. of the Revised Code and that is a felony of the 2,154
third, fourth, or fifth degree, the applicability of a 2,155
presumption under division (D) of this section in favor of a 2,156
prison term or of division (B) or (C) of this section in 2,157
determining whether to impose a prison term for the offense shall 2,159
be determined as specified in section 2925.02, 2925.03, 2925.04, 2,160
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2,161
2925.37 of the Revised Code, whichever is applicable regarding 2,163
the violation.
(2) If an offender who was convicted of or pleaded guilty 2,165
to a felony drug offense in violation of a provision of Chapter 2,166
2925., 3719., or 4729. of the Revised Code violates the 2,167
conditions of a community control sanction imposed for the 2,168
offense solely by possession or using a controlled substance and 2,169
if the offender has not failed to meet the conditions of any drug 2,170
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 2,171
punishment for the violation of the sanction, shall order that 2,172
the offender participate in a drug treatment program or in 2,173
alcoholics anonymous, narcotics anonymous, or a similar program 2,174
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 2,175
forth in section 2929.11 of the Revised Code. If the court 2,176
determines that an order of that nature would not be consistent 2,177
with those purposes and principles or if the offender violated 2,178
the conditions of a drug treatment program in which the offender 2,179
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 2,180
sanction, including a prison term. 2,181
(F) Notwithstanding divisions (A) to (E) of this section, 2,184
the court shall impose a prison term or terms under sections 2,185
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 2,186
Revised Code and except as specifically provided in section 2,187
2929.20 of the Revised Code or when parole is authorized for the 2,188
50
offense under section 2967.13 of the Revised Code, shall not 2,189
reduce the terms pursuant to section 2929.20, section 2967.193, 2,190
or any other provision of Chapter 2967. or Chapter 5120. of the 2,192
Revised Code for any of the following offenses: 2,193
51) Aggravated murder when death is not imposed or murder; 2,195
(2) Rape or ANY RAPE, an attempt to commit rape by force 2,197
when the victim is under thirteen years of age, OR WHEN REQUIRED 2,199
UNDER DIVISION (B)(2) OF SECTION 2907.02 OF THE REVISED CODE; 2,201
(3) Gross sexual imposition or sexual battery, if the 2,203
victim is under thirteen years of age, if the offender previously 2,205
was convicted of or pleaded guilty to rape, THE FORMER OFFENSE OF 2,206
felonious sexual penetration, gross sexual imposition, or sexual 2,207
battery, and if the victim of the previous offense was under 2,209
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 2,212
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 2,213
(5) A first, second, or third degree felony drug offense 2,216
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 2,217
4729.99 of the Revised Code, whichever is applicable regarding 2,219
the violation, requires the imposition of a mandatory prison 2,220
term;
(6) Any offense that is a first or second degree felony 2,222
and that is not set forth in division (F)(1), (2), (3), or (4) of 2,224
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 2,226
degree felony, or an offense under an existing or former law of 2,227
this state, another state, or the United States that is or was 2,228
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 2,230
of the Revised Code, that is a felony, if the offender had a 2,231
firearm on or about the offender's person or under the offender's 2,232
control while committing the felony, with respect to a portion of 2,233
51
the sentence imposed pursuant to division (D)(1)(a) of section 2,235
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 2,237
the Revised Code when the most serious offense in the pattern of 2,239
corrupt activity that is the basis of the offense is a felony of 2,240
the first degree;
(9) Any sexually violent offense for which the offender 2,242
also is convicted of or pleads guilty to a sexually violent 2,243
predator specification that was included in the indictment, count 2,244
in the indictment, or information charging the sexually violent 2,245
offense.
(G) Notwithstanding divisions (A) to (E) of this section, 2,248
if an offender is being sentenced for a fourth degree felony OMVI 2,249
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 2,250
accordance with the following: 2,251
(1) Except as provided in division (G)(2) of this section, 2,253
the court shall impose upon the offender a mandatory term of 2,254
local incarceration of sixty days as specified in division (A)(4) 2,255
of section 4511.99 of the Revised Code and shall not reduce the 2,256
term pursuant to section 2929.20, 2967.193, or any other 2,257
provision of the Revised Code. The court that imposes a 2,258
mandatory term of local incarceration under this division shall 2,260
specify whether the term is to be served in a jail, a 2,261
community-based correctional facility, a halfway house, or an 2,262
alternative residential facility, and the offender shall serve 2,263
the term in the type of facility specified by the court. The 2,264
court shall not sentence the offender to a prison term and shall 2,265
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 2,266
incarceration imposed under division (G)(1) of this section is 2,267
not subject to extension under section 2967.11 of the Revised 2,268
Code, to a period of post-release control under section 2967.28 2,269
of the Revised Code, or to any other Revised Code provision that 2,270
52
pertains to a prison term.
(2) If the offender previously has been sentenced to a 2,272
mandatory term of local incarceration pursuant to division (G)(1) 2,273
of this section for a fourth degree felony OMVI offense, the 2,274
court shall impose upon the offender a mandatory prison term of 2,275
sixty days as specified in division (A)(4) of section 4511.99 of 2,276
the Revised Code and shall not reduce the term pursuant to 2,277
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 2,278
to a mandatory term of local incarceration pursuant to division 2,279
(G)(1) of this section for a fourth degree felony OMVI offense be 2,280
sentenced to another mandatory term of local incarceration under 2,281
that division for a fourth degree felony OMVI offense. The court 2,282
shall not sentence the offender to a community control sanction 2,283
under section 2929.16 or 2929.17 of the Revised Code. The 2,284
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 2,285
intensive program prison established pursuant to section 5120.033 2,286
of the Revised Code if the department gave the sentencing judge 2,287
prior notice of its intent to place the offender in an intensive 2,288
program prison established under that section and if the judge 2,289
did not notify the department that the judge disapproved the 2,290
placement.
(G)(H) If an offender is being sentenced for a sexually 2,293
oriented offense committed on or after the effective date of this 2,294
amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of 2,295
the Revised Code if either of the following applies: 2,297
(1) The offense was a sexually violent offense, and the 2,299
offender also was convicted of or pleaded guilty to a sexually 2,300
violent predator specification that was included in the 2,301
indictment, count in the indictment, or information charging the 2,302
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 2,304
53
offense determines pursuant to division (B) of section 2950.09 of 2,305
the Revised Code that the offender is a sexual predator. 2,306
(H)(I) If an offender is being sentenced for a sexually 2,309
oriented offense committed on or after the effective date of this 2,310
amendment, the judge shall include in the sentence a summary of
the offender's duty to register pursuant to section 2950.04 of 2,311
the Revised Code, the offender's duty to provide notice of a 2,312
change in residence address and register the new residence 2,313
address pursuant to section 2950.05 of the Revised Code, the 2,314
offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised 2,315
Code, and the duration of the duties. The judge shall inform the 2,316
offender, at the time of sentencing, of those duties and of their 2,317
duration and, if required under division (A)(2) of section 2,318
2950.03 of the Revised Code, shall perform the duties specified 2,319
in that section. 2,320
Sec. 2929.14. (A) Except as provided in division (C), 2,339
(D)(2), (D)(3), or (D)(4), or (G) of this section and except in 2,340
relation to an offense for which a sentence of death or life 2,341
imprisonment is to be imposed, if the court imposing a sentence 2,342
upon an offender for a felony elects or is required to impose a 2,343
prison term on the offender pursuant to this chapter and is not 2,344
prohibited by division (G)(1) of section 2929.13 of the Revised 2,345
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 2,347
(1) For a felony of the first degree, the prison term 2,349
shall be three, four, five, six, seven, eight, nine, or ten 2,350
years. 2,351
(2) For a felony of the second degree, the prison term 2,353
shall be two, three, four, five, six, seven, or eight years. 2,354
(3) For a felony of the third degree, the prison term 2,356
shall be one, two, three, four, or five years. 2,357
(4) For a felony of the fourth degree, the prison term 2,359
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 2,360
54
fourteen, fifteen, sixteen, seventeen, or eighteen months. 2,361
(5) For a felony of the fifth degree, the prison term 2,363
shall be six, seven, eight, nine, ten, eleven, or twelve months. 2,365
(B) Except as provided in division (C), (D)(2), (D)(3), or 2,368
(G) of this section, SECTION 2907.02 OF THE REVISED CODE, or in 2,369
Chapter 2925. of the Revised Code, if the court imposing a 2,371
sentence upon an offender for a felony elects or is required to 2,372
impose a prison term on the offender and if the offender 2,373
previously has not served a prison term, the court shall impose 2,374
the shortest prison term authorized for the offense pursuant to 2,375
division (A) of this section, unless the court finds on the 2,376
record that the shortest prison term will demean the seriousness 2,377
of the offender's conduct or will not adequately protect the 2,378
public from future crime by the offender or others. 2,379
(C) Except as provided in division (G) of this section or 2,381
in Chapter 2925. of the Revised Code, the court imposing a 2,382
sentence upon an offender for a felony may impose the longest 2,383
prison term authorized for the offense pursuant to division (A) 2,384
of this section only upon offenders who committed the worst forms 2,385
of the offense, upon offenders who pose the greatest likelihood 2,386
of committing future crimes, upon certain major drug offenders 2,387
under division (D)(3) of this section, and upon certain repeat 2,388
violent offenders in accordance with division (D)(2) of this 2,390
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 2,392
this section, if an offender who is convicted of or pleads guilty 2,393
to a felony also is convicted of or pleads guilty to a 2,394
specification of the type described in section 2941.144 of the 2,395
Revised Code that charges the offender with having a firearm that 2,397
is an automatic firearm or that was equipped with a firearm 2,398
muffler or silencer on or about the offender's person or under 2,400
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 2,401
Revised Code that charges the offender with having a firearm on 2,402
55
or about the offender's person or under the offender's control 2,403
while committing the offense and displaying the firearm, 2,405
brandishing the firearm, indicating that the offender possessed 2,406
the firearm, or using it to facilitate the offense, or a 2,408
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 2,410
or about the offender's person or under the offender's control 2,411
while committing the felony, the court, after imposing a prison 2,412
term on the offender for the felony under division (A), (D)(2), 2,414
or (D)(3) of this section, shall impose an additional prison 2,415
term, determined pursuant to this division, that shall not be 2,416
reduced pursuant to section 2929.20, section 2967.193, or any 2,417
other provision of Chapter 2967. or Chapter 5120. of the Revised 2,418
Code. If the specification is of the type described in section 2,420
2941.144 of the Revised Code, the additional prison term shall be 2,421
six years. If the specification is of the type described in 2,423
section 2941.145 of the Revised Code, the additional prison term 2,425
shall be three years. If the specification is of the type 2,426
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 2,428
than one additional prison term on an offender under this 2,429
division for felonies committed as part of the same act or 2,430
transaction. If a court imposes an additional prison term under 2,431
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 2,432
division.
(ii) Except as provided in division (D)(1)(b) of this 2,435
section, if an offender who is convicted of or pleads guilty to a 2,436
violation of section 2923.161 of the Revised Code or to a felony 2,438
that includes, as an essential element, purposely or knowingly 2,439
causing or attempting to cause the death of or physical harm to 2,440
another, also is convicted of or pleads guilty to a specification 2,441
of the type described in section 2941.146 of the Revised Code 2,444
that charges the offender with committing the offense by 2,445
56
discharging a firearm from a motor vehicle, as defined in section 2,446
4501.01 of the Revised Code, other than a manufactured home, as 2,449
defined in section 4501.01 of the Revised Code, the court, after 2,451
imposing a prison term on the offender for the violation of 2,452
section 2923.161 of the Revised Code or for the other felony 2,454
offense under division (A), (D)(2), or (D)(3) of this section, 2,455
shall impose an additional prison term of five years upon the 2,456
offender that shall not be reduced pursuant to section 2929.20, 2,457
section 2967.193, or any other provision of Chapter 2967. or 2,458
Chapter 5120. of the Revised Code. A court shall not impose more 2,460
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 2,462
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 2,463
also shall impose an additional prison term under division 2,464
(D)(1)(a)(i) of this section relative to the same offense, 2,465
provided the criteria specified in that division for imposing an 2,466
additional prison term are satisfied relative to the offender and 2,467
the offense.
(b) The court shall not impose any of the additional 2,469
prison terms described in division (D)(1)(a) of this section upon 2,472
an offender for a violation of section 2923.12 of the Revised 2,473
Code. The court shall not impose any of the additional prison 2,474
terms described in that division upon an offender for a violation 2,475
of section 2923.13 of the Revised Code unless all of the 2,476
following apply:
(i) The offender previously has been convicted of 2,479
aggravated murder, murder, or any felony of the first or second 2,480
degree.
(ii) Less than five years have passed since the offender 2,483
was released from prison or post-release control, whichever is 2,484
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 2,487
to a felony also is convicted of or pleads guilty to a 2,488
57
specification of the type described in section 2941.149 of the 2,489
Revised Code that the offender is a repeat violent offender, the 2,491
court shall impose a prison term from the range of terms 2,492
authorized for the offense under division (A) of this section 2,493
that may be the longest term in the range and that shall not be 2,494
reduced pursuant to section 2929.20, section 2967.193, or any 2,496
other provision of Chapter 2967. or Chapter 5120. of the Revised 2,497
Code. If the court finds that the repeat violent offender, in 2,499
committing the offense, caused any physical harm that carried a 2,500
substantial risk of death to a person or that involved 2,501
substantial permanent incapacity or substantial permanent 2,502
disfigurement of a person, the court shall impose the longest 2,503
prison term from the range of terms authorized for the offense 2,505
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 2,508
violent offender imposes the longest prison term from the range 2,509
of terms authorized for the offense under division (A) of this 2,510
section, the court may impose on the offender an additional 2,511
definite prison term of one, two, three, four, five, six, seven, 2,512
eight, nine, or ten years if the court finds that both of the 2,513
following apply with respect to the prison terms imposed on the 2,514
offender pursuant to division (D)(2)(a) of this section and, if 2,515
applicable, divisions (D)(1) and (3) of this section: 2,516
(i) The terms so imposed are inadequate to punish the 2,519
offender and protect the public from future crime, because the 2,520
applicable factors under section 2929.12 of the Revised Code 2,523
indicating a greater likelihood of recidivism outweigh the 2,525
applicable factors under that section indicating a lesser
likelihood of recidivism. 2,526
(ii) The terms so imposed are demeaning to the seriousness 2,529
of the offense, because one or more of the factors under section 2,530
2929.12 of the Revised Code indicating that the offender's 2,531
conduct is more serious than conduct normally constituting the 2,532
offense are present, and they outweigh the applicable factors 2,533
58
under that section indicating that the offender's conduct is less 2,535
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 2,538
section 2903.01 or 2907.02 of the Revised Code and the penalty 2,539
imposed for the violation is life imprisonment or commits a 2,540
violation of section 2903.02 of the Revised Code, if the offender 2,541
commits a violation of section 2925.03, 2925.04, or 2925.11 of 2,542
the Revised Code and that section requires the imposition of a 2,544
ten-year prison term on the offender or if a court imposing a 2,545
sentence upon an offender for a felony finds that the offender is 2,546
guilty of a specification of the type described in section 2,547
2941.1410 of the Revised Code, that the offender is a major drug 2,548
offender, is guilty of corrupt activity with the most serious 2,549
offense in the pattern of corrupt activity being a felony of the 2,550
first degree, or is guilty of an attempted forcible violation of 2,551
section 2907.02 of the Revised Code with the victim being under 2,552
thirteen years of age and that attempted violation is the felony 2,553
for which sentence is being imposed, the court shall impose upon 2,554
the offender for the felony violation a ten-year prison term that 2,555
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 2,557
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 2,560
division (D)(3)(a) of this section may impose an additional 2,561
prison term of one, two, three, four, five, six, seven, eight, 2,562
nine, or ten years, if the court, with respect to the term 2,563
imposed under division (D)(3)(a) of this section and, if 2,564
applicable, divisions (D)(1) and (2) of this section, makes both 2,566
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 2,567
this section.
(4) If the offender is being sentenced for a fourth degree 2,569
felony OMVI offense and if division (G)(2) of section 2929.13 of 2,571
the Revised Code requires the sentencing court to impose upon the 2,572
offender a mandatory prison term, the sentencing court shall 2,573
impose upon the offender a mandatory prison term in accordance 2,574
59
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 2,575
prison term of any duration specified in division (A)(4) of this 2,576
section minus the sixty days imposed upon the offender as the 2,577
mandatory prison term. The total of the additional prison term 2,578
imposed under division (D)(4) of this section plus the sixty days 2,579
imposed as the mandatory prison term shall equal one of the 2,580
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 2,581
division (D)(4) of this section, the offender shall serve the 2,582
additional prison term after the offender has served the 2,583
mandatory prison term required for the offense. The court shall 2,584
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 2,585
(E)(1) If a mandatory prison term is imposed upon an 2,588
offender pursuant to division (D)(1)(a) of this section for 2,589
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 2,591
prison term is imposed upon an offender pursuant to division 2,592
(D)(1)(b) of this section for committing a felony specified in 2,593
that division by discharging a firearm from a motor vehicle, the 2,594
offender shall serve the mandatory prison term consecutively to 2,595
and prior to the prison term imposed for the underlying felony 2,596
pursuant to division (A), (D)(2), or (D)(3) of this section or 2,597
any other section of the Revised Code and consecutively to any 2,598
other prison term or mandatory prison term previously or 2,600
subsequently imposed upon the offender. 2,601
(2) If an offender who is an inmate in a jail, prison, or 2,604
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 2,606
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 2,607
offender who is an inmate in a jail, prison, or other residential 2,608
detention facility or is under detention at a detention facility 2,609
60
commits another felony while the offender is an escapee in 2,611
violation of section 2921.34 of the Revised Code, any prison term 2,613
imposed upon the offender for one of those violations shall be 2,614
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 2,616
committed that offense and to any other prison term previously or 2,617
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 2,618
meanings as in section 2921.01 of the Revised Code. 2,619
(3) If multiple prison terms are imposed on an offender 2,621
for convictions of multiple offenses, the court may require the 2,622
offender to serve the prison terms consecutively if the court 2,623
finds that the consecutive service is necessary to protect the 2,624
public from future crime or to punish the offender and that 2,625
consecutive sentences are not disproportionate to the seriousness 2,626
of the offender's conduct and to the danger the offender poses to 2,628
the public, and if the court also finds any of the following: 2,629
(a) The offender committed the multiple offenses while the 2,632
offender was awaiting trial or sentencing, was under a sanction 2,633
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 2,634
Revised Code, or was under post-release control for a prior 2,635
offense.
(b) The harm caused by the multiple offenses was so great 2,638
or unusual that no single prison term for any of the offenses 2,639
committed as part of a single course of conduct adequately 2,640
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 2,642
demonstrates that consecutive sentences are necessary to protect 2,643
the public from future crime by the offender. 2,644
(4) When consecutive prison terms are imposed pursuant to 2,647
division (E)(1), (2), or (3) of this section, the term to be 2,648
served is the aggregate of all of the terms so imposed.
(F) If a court imposes a prison term of a type described 2,651
in division (B) of section 2967.28 of the Revised Code, it shall 2,652
61
include in the sentence a requirement that the offender be 2,653
subject to a period of post-release control after the offender's 2,654
release from imprisonment, in accordance with that division. If 2,655
a court imposes a prison term of a type described in division (C) 2,656
of that section, it shall include in the sentence a requirement 2,657
that the offender be subject to a period of post-release control 2,658
after the offender's release from imprisonment, in accordance 2,659
with that division, if the parole board determines that a period 2,660
of post-release control is necessary. 2,661
(G) If a person is convicted of or pleads guilty to a 2,663
sexually violent offense and also is convicted of or pleads 2,664
guilty to a sexually violent predator specification that was 2,665
included in the indictment, count in the indictment, or 2,666
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 2,667
the Revised Code, and Chapter 2971. of the Revised Code applies 2,668
regarding the prison term or term of life imprisonment without 2,669
parole imposed upon the offender and the service of that term of 2,670
imprisonment.
Section 2. That existing sections 2907.01, 2907.02, 2,672
2907.03, 2907.04, 2907.05, 2907.06, 2925.03, 2925.11, 2929.13, 2,673
and 2929.14 of the Revised Code are hereby repealed. 2,674
Section 3. Section 2925.03 of the Revised Code is 2,676
presented in this act as a composite of the section as amended by 2,677
both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General 2,678
Assembly, with the new language of neither of the acts shown in 2,679
capital letters. Section 2929.13 of the Revised Code is 2,680
presented in this act as a composite of the section as amended by 2,682
Am. Sub. H.B. 445, Am. Sub. S.B. 269, Am. Sub. S.B. 166, and Am. 2,683
Sub. H.B. 180 of the 121st General Assembly, with the new
language of none of the acts shown in capital letters. Section 2,685
2929.14 of the Revised Code is presented in this act as a 2,687
composite of the section as amended by Am. Sub. H.B. 88, Am. Sub. 2,688
H.B. 445, Sub. H.B. 154, Am. Sub. S.B. 166, Am. Sub. S.B. 269, 2,689
62
and Am. Sub. H.B. 180 of the 121st General Assembly, with the new 2,690
language of none of the acts shown in capital letters. This is 2,692
in recognition of the principle stated in division (B) of section 2,694
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes 2,696
a legislative finding that such is the resulting version in 2,697
effect prior to the effective date of this act.