As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session 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
SENATORS BLESSING-HOWARD-LATTA 14
16
A B I L L
To amend sections 2907.01, 2907.02, 2907.03, 18
2907.05, 2929.13, and 2929.14 of the Revised Code 20
to increase criminal penalties for gross sexual 21
imposition when the offender administers a
controlled substance to the victim 22
surreptitiously or by force, threat of force, or 23
deception; to make sexual battery a third degree
felony in all circumstances; to modify the 24
definition of sexual conduct; to clarify that a 25
court must impose a mandatory prison term upon an 26
offender who has been convicted of or pleaded 27
guilty to rape; and to require that the mandatory 28
prison term for rape when the offender 29
administered a controlled substance to the victim 30
surreptitiously or by force, threat of force, or
deception must be at least five years. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 2907.01, 2907.02, 2907.03, 35
2907.05, 2929.13, and 2929.14 of the Revised Code be amended to 38
read as follows:
2
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of 47
the Revised Code: 48
(A) "Sexual conduct" means vaginal intercourse between a 50
male and female; anal intercourse, fellatio, and cunnilingus 52
between persons regardless of sex; and, WITHOUT PRIVILEGE TO DO 53
SO, the insertion, however slight, of any part of the body or any 54
instrument, apparatus, or other object into the vaginal or anal 56
cavity of another. Penetration, however slight, is sufficient to 57
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous 59
zone of another, including without limitation the thigh, 60
genitals, buttock, pubic region, or, if the person is a female, a 61
breast, for the purpose of sexually arousing or gratifying either 62
person. 63
(C) "Sexual activity" means sexual conduct or sexual 65
contact, or both. 66
(D) "Prostitute" means a male or female who promiscuously 68
engages in sexual activity for hire, regardless of whether the 69
hire is paid to the prostitute or to another. 70
(E) Any material or performance is "harmful to juveniles," 72
if it is offensive to prevailing standards in the adult community 73
with respect to what is suitable for juveniles, and if any of the 74
following apply: 75
(1) It tends to appeal to the prurient interest of 77
juveniles; 78
(2) It contains a display, description, or representation 80
of sexual activity, masturbation, sexual excitement, or nudity; 81
(3) It contains a display, description, or representation 83
of bestiality or extreme or bizarre violence, cruelty, or 84
brutality; 85
(4) It contains a display, description, or representation 87
of human bodily functions of elimination; 88
(5) It makes repeated use of foul language; 90
(6) It contains a display, description, or representation 92
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in lurid detail of the violent physical torture, dismemberment, 93
destruction, or death of a human being; 94
(7) It contains a display, description, or representation 96
of criminal activity that tends to glorify or glamorize the 97
activity, and that, with respect to juveniles, has a dominant 98
tendency to corrupt. 99
(F) When considered as a whole, and judged with reference 101
to ordinary adults or, if it is designed for sexual deviates or 102
other specially susceptible group, judged with reference to that 103
group, any material or performance is "obscene" if any of the 104
following apply: 105
(1) Its dominant appeal is to prurient interest; 107
(2) Its dominant tendency is to arouse lust by displaying 109
or depicting sexual activity, masturbation, sexual excitement, or 110
nudity in a way that tends to represent human beings as mere 111
objects of sexual appetite; 112
(3) Its dominant tendency is to arouse lust by displaying 114
or depicting bestiality or extreme or bizarre violence, cruelty, 115
or brutality; 116
(4) Its dominant tendency is to appeal to scatological 118
interest by displaying or depicting human bodily functions of 119
elimination in a way that inspires disgust or revulsion in 120
persons with ordinary sensibilities, without serving any genuine 121
scientific, educational, sociological, moral, or artistic 122
purpose; 123
(5) It contains a series of displays or descriptions of 125
sexual activity, masturbation, sexual excitement, nudity, 126
bestiality, extreme or bizarre violence, cruelty, or brutality, 127
or human bodily functions of elimination, the cumulative effect 128
of which is a dominant tendency to appeal to prurient or 129
scatological interest, when the appeal to such an interest is 130
primarily for its own sake or for commercial exploitation, rather 131
than primarily for a genuine scientific, educational, 132
sociological, moral, or artistic purpose. 133
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(G) "Sexual excitement" means the condition of human male 135
or female genitals when in a state of sexual stimulation or 136
arousal. 137
(H) "Nudity" means the showing, representation, or 139
depiction of human male or female genitals, pubic area, or 140
buttocks with less than a full, opaque covering, or of a female 141
breast with less than a full, opaque covering of any portion 142
thereof below the top of the nipple, or of covered male genitals 143
in a discernibly turgid state. 144
(I) "Juvenile" means an unmarried person under the age of 146
eighteen. 147
(J) "Material" means any book, magazine, newspaper, 149
pamphlet, poster, print, picture, figure, image, description, 150
motion picture film, phonographic record, or tape, or other 151
tangible thing capable of arousing interest through sight, sound, 152
or touch. 153
(K) "Performance" means any motion picture, preview, 155
trailer, play, show, skit, dance, or other exhibition performed 156
before an audience. 157
(L) "Spouse" means a person married to an offender at the 159
time of an alleged offense, except that such person shall not be 160
considered the spouse when any of the following apply: 161
(1) When the parties have entered into a written 163
separation agreement authorized by section 3103.06 of the Revised 164
Code; 165
(2) During the pendency of an action between the parties 167
for annulment, divorce, dissolution of marriage, or legal 168
separation; 169
(3) In the case of an action for legal separation, after 171
the effective date of the judgment for legal separation. 172
(M) "Minor" means a person under the age of eighteen. 174
Sec. 2907.02. (A)(1) No person shall engage in sexual 184
conduct with another who is not the spouse of the offender or who 185
is the spouse of the offender but is living separate and apart 186
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from the offender, when any of the following applies: 187
(a) For the purpose of preventing resistance, the offender 189
substantially impairs the other person's judgment or control by 190
administering any drug or, intoxicant, OR CONTROLLED SUBSTANCE to 192
the other person, surreptitiously or by force, threat of force, 193
or deception.
(b) The other person is less than thirteen years of age, 195
whether or not the offender knows the age of the other person. 196
(c) The other person's ability to resist or consent is 198
substantially impaired because of a mental or physical condition 199
or because of advanced age, and the offender knows or has 200
reasonable cause to believe that the other person's ability to 201
resist or consent is substantially impaired because of a mental 202
or physical condition or because of advanced age. 203
(2) No person shall engage in sexual conduct with another 205
when the offender purposely compels the other person to submit by 206
force or threat of force. 207
(B)(1) Whoever violates this section is guilty of rape, a 210
felony of the first degree. IF THE OFFENDER UNDER DIVISION 212
(A)(1)(a) OF THIS SECTION SUBSTANTIALLY IMPAIRS THE OTHER 213
PERSON'S JUDGMENT OR CONTROL BY ADMINISTERING ANY CONTROLLED 214
SUBSTANCE DESCRIBED IN SECTION 3719.41 OF THE REVISED CODE TO THE 216
OTHER PERSON SURREPTITIOUSLY OR BY FORCE, THREAT OF FORCE, OR
DECEPTION, THE PRISON TERM IMPOSED UPON THE OFFENDER SHALL BE ONE 217
OF THE PRISON TERMS PRESCRIBED FOR A FELONY OF THE FIRST DEGREE 219
IN SECTION 2929.14 OF THE REVISED CODE THAT IS NOT LESS THAN FIVE 220
YEARS. If the offender under division (A)(1)(b) of this section 222
purposely compels the victim to submit by force or threat of 224
force, whoever violates division (A)(1)(b) of this section shall 225
be imprisoned for life.
(C) A victim need not prove physical resistance to the 227
offender in prosecutions under this section. 228
(D) Evidence of specific instances of the victim's sexual 230
activity, opinion evidence of the victim's sexual activity, and 231
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reputation evidence of the victim's sexual activity shall not be 232
admitted under this section unless it involves evidence of the 233
origin of semen, pregnancy, or disease, or the victim's past 234
sexual activity with the offender, and only to the extent that 235
the court finds that the evidence is material to a fact at issue 236
in the case and that its inflammatory or prejudicial nature does 237
not outweigh its probative value. 238
Evidence of specific instances of the defendant's sexual 240
activity, opinion evidence of the defendant's sexual activity, 241
and reputation evidence of the defendant's sexual activity shall 242
not be admitted under this section unless it involves evidence of 243
the origin of semen, pregnancy, or disease, the defendant's past 244
sexual activity with the victim, or is admissible against the 245
defendant under section 2945.59 of the Revised Code, and only to 246
the extent that the court finds that the evidence is material to 247
a fact at issue in the case and that its inflammatory or 248
prejudicial nature does not outweigh its probative value. 249
(E) Prior to taking testimony or receiving evidence of any 251
sexual activity of the victim or the defendant in a proceeding 252
under this section, the court shall resolve the admissibility of 253
the proposed evidence in a hearing in chambers, which shall be 254
held at or before preliminary hearing and not less than three 255
days before trial, or for good cause shown during the trial. 256
(F) Upon approval by the court, the victim may be 258
represented by counsel in any hearing in chambers or other 259
proceeding to resolve the admissibility of evidence. If the 260
victim is indigent or otherwise is unable to obtain the services 261
of counsel, the court, upon request, may appoint counsel to 262
represent the victim without cost to the victim. 263
(G) It is not a defense to a charge under division (A)(2) 265
of this section that the offender and the victim were married or 266
were cohabiting at the time of the commission of the offense. 267
Sec. 2907.03. (A) No person shall engage in sexual 276
conduct with another, not the spouse of the offender, when any of 277
7
the following apply: 278
(1) The offender knowingly coerces the other person to 280
submit by any means that would prevent resistance by a person of 281
ordinary resolution. 282
(2) The offender knows that the other person's ability to 284
appraise the nature of or control the other person's own conduct 286
is substantially impaired.
(3) The offender knows that the other person submits 288
because the other person is unaware that the act is being 290
committed.
(4) The offender knows that the other person submits 292
because the other person mistakenly identifies the offender as 293
the other person's spouse. 294
(5) The offender is the other person's natural or adoptive 296
parent, or a stepparent, or guardian, custodian, or person in 297
loco parentis of the other person. 298
(6) The other person is in custody of law or a patient in 300
a hospital or other institution, and the offender has supervisory 301
or disciplinary authority over the other person. 302
(7) The offender is a teacher, administrator, coach, or 304
other person in authority employed by or serving in a school for 305
which the state board of education prescribes minimum standards 306
pursuant to division (D) of section 3301.07 of the Revised Code, 307
the other person is enrolled in or attends that school, and the 308
offender is not enrolled in and does not attend that school. 309
(8) The other person is a minor, the offender is a 311
teacher, administrator, coach, or other person in authority 312
employed by or serving in an institution of higher education, and 313
the other person is enrolled in or attends that institution. 314
(9) The other person is a minor, and the offender is the 316
other person's athletic or other type of coach, is the other 317
person's instructor, is the leader of a scouting troop of which 318
the other person is a member, or is a person with temporary or 319
occasional disciplinary control over the other person. 320
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(B) Whoever violates this section is guilty of sexual 322
battery. A violation of division (A)(1), (5), (6), (7), (8), or 324
(9) of this section is, a felony of the third degree. A 325
violation of division (A)(2), (3), or (4) of this section is a
felony of the fourth degree. 326
(C) As used in this section, "institution of higher 328
education" means a state institution of higher education defined 329
in section 3345.011 of the Revised Code, a private nonprofit 331
college or university located in this state that possesses a 332
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or a school 333
certified under Chapter 3332. of the Revised Code. 334
Sec. 2907.05. (A) No person shall have sexual contact 343
with another, not the spouse of the offender; cause another, not 344
the spouse of the offender, to have sexual contact with the 345
offender; or cause two or more other persons to have sexual 346
contact when any of the following applies: 347
(1) The offender purposely compels the other person, or 349
one of the other persons, to submit by force or threat of force. 350
(2) For the purpose of preventing resistance, the offender 352
substantially impairs the judgment or control of the other person 353
or of one of the other persons by administering any drug or, 354
intoxicant, OR CONTROLLED SUBSTANCE to the other person, 355
surreptitiously or by force, threat of force, or deception. 357
(3) The offender knows that the judgment or control of the 359
other person or of one of the other persons is substantially 360
impaired as a result of the influence of any drug or intoxicant 361
administered to the other person with his THE OTHER PERSON'S 362
consent for the purpose of any kind of medical or dental 364
examination, treatment, or surgery. 365
(4) The other person, or one of the other persons, is less 367
than thirteen years of age, whether or not the offender knows the 368
age of that person. 369
(5) The ability of the other person to resist or consent 371
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or the ability of one of the other persons to resist or consent 372
is substantially impaired because of a mental or physical 373
condition or because of advanced age, and the offender knows or 374
has reasonable cause to believe that the ability to resist or 375
consent of the other person or of one of the other persons is 376
substantially impaired because of a mental or physical condition 377
or because of advanced age. 378
(B) Whoever violates this section is guilty of gross 380
sexual imposition. Violation EXCEPT AS OTHERWISE PROVIDED IN 381
THIS SECTION, A VIOLATION of division (A)(1), (2), (3), or (5) of 384
this section is a felony of the fourth degree. Violation IF THE 385
OFFENDER UNDER DIVISION (A)(2) OF THIS SECTION SUBSTANTIALLY 387
IMPAIRS THE JUDGMENT OR CONTROL OF THE OTHER PERSON OR ONE OF THE 388
OTHER PERSONS BY ADMINISTERING ANY CONTROLLED SUBSTANCE DESCRIBED 389
IN SECTION 3719.41 OF THE REVISED CODE TO THE PERSON 391
SURREPTITIOUSLY OR BY FORCE, THREAT OF FORCE, OR DECEPTION, A
VIOLATION OF DIVISION (A)(2) OF THIS SECTION IS A FELONY OF THE 394
THIRD DEGREE. A VIOLATION of division (A)(4) of this section is 396
a felony of the third degree. 397
(C) A victim need not prove physical resistance to the 399
offender in prosecutions under this section. 400
(D) Evidence of specific instances of the victim's sexual 402
activity, opinion evidence of the victim's sexual activity, and 403
reputation evidence of the victim's sexual activity shall not be 404
admitted under this section unless it involves evidence of the 405
origin of semen, pregnancy, or disease, or the victim's past 406
sexual activity with the offender, and only to the extent that 407
the court finds that the evidence is material to a fact at issue 408
in the case and that its inflammatory or prejudicial nature does 409
not outweigh its probative value. 410
Evidence of specific instances of the defendant's sexual 412
activity, opinion evidence of the defendant's sexual activity, 413
and reputation evidence of the defendant's sexual activity shall 414
not be admitted under this section unless it involves evidence of 415
10
the origin of semen, pregnancy, or disease, the defendant's past 416
sexual activity with the victim, or is admissible against the 417
defendant under section 2945.59 of the Revised Code, and only to 418
the extent that the court finds that the evidence is material to 419
a fact at issue in the case and that its inflammatory or 420
prejudicial nature does not outweigh its probative value. 421
(E) Prior to taking testimony or receiving evidence of any 423
sexual activity of the victim or the defendant in a proceeding 424
under this section, the court shall resolve the admissibility of 425
the proposed evidence in a hearing in chambers, which shall be 426
held at or before preliminary hearing and not less than three 427
days before trial, or for good cause shown during the trial. 428
(F) Upon approval by the court, the victim may be 430
represented by counsel in any hearing in chambers or other 431
proceeding to resolve the admissibility of evidence. If the 432
victim is indigent or otherwise is unable to obtain the services 433
of counsel, the court, upon request, may appoint counsel to 434
represent the victim without cost to the victim. 435
Sec. 2929.13. (A) Except as provided in division (E), 450
(F), or (G) of this section and unless a specific sanction is 451
required to be imposed or is precluded from being imposed 452
pursuant to law, a court that imposes a sentence upon an offender 453
for a felony may impose any sanction or combination of sanctions 454
on the offender that are provided in sections 2929.14 to 2929.18 455
of the Revised Code. The sentence shall not impose an 456
unnecessary burden on state or local government resources. 457
If the offender is eligible to be sentenced to community 459
control sanctions, the court shall consider the appropriateness 461
of imposing a financial sanction pursuant to section 2929.18 of 462
the Revised Code or a sanction of community service pursuant to 464
section 2929.17 of the Revised Code as the sole sanction for the 465
offense. Except as otherwise provided in this division, if the 466
court is required to impose a mandatory prison term for the 467
offense for which sentence is being imposed, the court also may 468
11
impose a financial sanction pursuant to section 2929.18 of the 469
Revised Code but may not impose any additional sanction or 470
combination of sanctions under section 2929.16 or 2929.17 of the 471
Revised Code. 472
If the offender is being sentenced for a fourth degree 474
felony OMVI offense, in addition to the mandatory term of local 475
incarceration or the mandatory prison term required for the 477
offense by division (G)(1) or (2) of this section, the court 479
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 482
may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the 484
offender be sentenced to a mandatory term of local incarceration, 485
an additional community control sanction or combination of 487
community control sanctions under section 2929.16 or 2929.17 of 488
the Revised Code; 489
(2) If division (G)(2) of this section requires that the 491
offender be sentenced to a mandatory prison term, an additional 492
prison term as described in division (D)(4) of section 2929.14 of 493
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 496
(G) of this section, in sentencing an offender for a felony of 497
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 499
(a) In committing the offense, the offender caused 501
physical harm to a person. 502
(b) In committing the offense, the offender attempted to 505
cause or made an actual threat of physical harm to a person with 506
a deadly weapon.
(c) In committing the offense, the offender attempted to 509
cause or made an actual threat of physical harm to a person, and 510
the offender previously was convicted of an offense that caused 511
physical harm to a person.
(d) The offender held a public office or position of trust 514
12
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 515
or to bring those committing it to justice; or the offender's 516
professional reputation or position facilitated the offense or 517
was likely to influence the future conduct of others. 518
(e) The offender committed the offense for hire or as part 520
of an organized criminal activity. 521
(f) The offense is a sex offense that is a fourth or fifth 524
degree felony violation of section 2907.03, 2907.04, 2907.05, 525
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 526
Revised Code.
(g) The offender previously served a prison term. 528
(h) The offender previously was subject to a community 530
control sanction, and the offender committed another offense 532
while under the sanction.
(2)(a) If the court makes a finding described in division 535
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 536
and if the court, after considering the factors set forth in 537
section 2929.12 of the Revised Code, finds that a prison term is 539
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 541
offender is not amenable to an available community control 542
sanction, the court shall impose a prison term upon the offender. 543
(b) Except as provided in division (E), (F), or (G) of 545
this section, if the court does not make a finding described in 547
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 548
section and if the court, after considering the factors set forth 549
in section 2929.12 of the Revised Code, finds that a community 551
control sanction or combination of community control sanctions is 553
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 556
impose a community control sanction or combination of community 557
control sanctions upon the offender. 558
(C) Except as provided in division (E) or (F) of this 561
13
section, in determining whether to impose a prison term as a 562
sanction for a felony of the third degree or a felony drug 563
offense that is a violation of a provision of Chapter 2925. of 565
the Revised Code and that is specified as being subject to this 568
division for purposes of sentencing, the sentencing court shall 569
comply with the purposes and principles of sentencing under 570
section 2929.11 of the Revised Code and with section 2929.12 of 573
the Revised Code.
(D) Except as provided in division (E) or (F) of this 576
section, for a felony of the first or second degree and for a 577
felony drug offense that is a violation of any provision of 578
Chapter 2925., 3719., or 4729. of the Revised Code for which a 579
presumption in favor of a prison term is specified as being 580
applicable, it is presumed that a prison term is necessary in 581
order to comply with the purposes and principles of sentencing 582
under section 2929.11 of the Revised Code. Notwithstanding the 583
presumption established under this division, the sentencing court 584
may impose a community control sanction or a combination of 585
community control sanctions instead of a prison term on an 586
offender for a felony of the first or second degree or for a 587
felony drug offense that is a violation of any provision of 588
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 589
applicable if it makes both of the following findings: 591
(1) A community control sanction or a combination of 593
community control sanctions would adequately punish the offender 595
and protect the public from future crime, because the applicable 596
factors under section 2929.12 of the Revised Code indicating a 598
lesser likelihood of recidivism outweigh the applicable factors 600
under that section indicating a greater likelihood of recidivism. 602
(2) A community control sanction or a combination of 604
community control sanctions would not demean the seriousness of 606
the offense, because one or more factors under section 2929.12 of 607
the Revised Code that indicate that the offender's conduct was 608
14
less serious than conduct normally constituting the offense are 609
applicable, and they outweigh the applicable factors under that 610
section that indicate that the offender's conduct was more 611
serious than conduct normally constituting the offense. 612
(E)(1) Except as provided in division (F) of this section, 615
for any drug offense that is a violation of any provision of 616
Chapter 2925. of the Revised Code and that is a felony of the 617
third, fourth, or fifth degree, the applicability of a 618
presumption under division (D) of this section in favor of a 619
prison term or of division (B) or (C) of this section in 620
determining whether to impose a prison term for the offense shall 622
be determined as specified in section 2925.02, 2925.03, 2925.04, 623
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 624
2925.37 of the Revised Code, whichever is applicable regarding 626
the violation.
(2) If an offender who was convicted of or pleaded guilty 628
to a felony drug offense in violation of a provision of Chapter 629
2925., 3719., or 4729. of the Revised Code violates the 630
conditions of a community control sanction imposed for the 631
offense solely by possession or using a controlled substance and 632
if the offender has not failed to meet the conditions of any drug 633
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 634
punishment for the violation of the sanction, shall order that 635
the offender participate in a drug treatment program or in 636
alcoholics anonymous, narcotics anonymous, or a similar program 637
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 638
forth in section 2929.11 of the Revised Code. If the court 639
determines that an order of that nature would not be consistent 640
with those purposes and principles or if the offender violated 641
the conditions of a drug treatment program in which the offender 642
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 643
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sanction, including a prison term. 644
(F) Notwithstanding divisions (A) to (E) of this section, 647
the court shall impose a prison term or terms under sections 648
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 649
Revised Code and except as specifically provided in section 650
2929.20 of the Revised Code or when parole is authorized for the 651
offense under section 2967.13 of the Revised Code, shall not 652
reduce the terms pursuant to section 2929.20, section 2967.193, 653
or any other provision of Chapter 2967. or Chapter 5120. of the 655
Revised Code for any of the following offenses: 656
(1) Aggravated murder when death is not imposed or murder; 658
(2) Rape or ANY RAPE, REGARDLESS OF WHETHER FORCE WAS 660
INVOLVED AND REGARDLESS OF THE AGE OF THE VICTIM, OR an attempt 661
to commit rape by force when the victim is under thirteen years 664
of age;
(3) Gross sexual imposition or sexual battery, if the 666
victim is under thirteen years of age, if the offender previously 668
was convicted of or pleaded guilty to rape, THE FORMER OFFENSE OF 669
felonious sexual penetration, gross sexual imposition, or sexual 670
battery, and if the victim of the previous offense was under 672
thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07, or 675
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 676
(5) A first, second, or third degree felony drug offense 679
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 680
4729.99 of the Revised Code, whichever is applicable regarding 682
the violation, requires the imposition of a mandatory prison 683
term;
(6) Any offense that is a first or second degree felony 685
and that is not set forth in division (F)(1), (2), (3), or (4) of 687
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 689
16
degree felony, or an offense under an existing or former law of 690
this state, another state, or the United States that is or was 691
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 693
of the Revised Code, that is a felony, if the offender had a 694
firearm on or about the offender's person or under the offender's 695
control while committing the felony, with respect to a portion of 696
the sentence imposed pursuant to division (D)(1)(a) of section 698
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 700
the Revised Code when the most serious offense in the pattern of 702
corrupt activity that is the basis of the offense is a felony of 703
the first degree;
(9) Any sexually violent offense for which the offender 705
also is convicted of or pleads guilty to a sexually violent 706
predator specification that was included in the indictment, count 707
in the indictment, or information charging the sexually violent 708
offense.
(G) Notwithstanding divisions (A) to (E) of this section, 711
if an offender is being sentenced for a fourth degree felony OMVI 712
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 713
accordance with the following: 714
(1) Except as provided in division (G)(2) of this section, 716
the court shall impose upon the offender a mandatory term of 717
local incarceration of sixty days as specified in division (A)(4) 718
of section 4511.99 of the Revised Code and shall not reduce the 719
term pursuant to section 2929.20, 2967.193, or any other 720
provision of the Revised Code. The court that imposes a 721
mandatory term of local incarceration under this division shall 723
specify whether the term is to be served in a jail, a 724
community-based correctional facility, a halfway house, or an 725
alternative residential facility, and the offender shall serve 726
the term in the type of facility specified by the court. The 727
17
court shall not sentence the offender to a prison term and shall 728
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 729
incarceration imposed under division (G)(1) of this section is 730
not subject to extension under section 2967.11 of the Revised 731
Code, to a period of post-release control under section 2967.28 732
of the Revised Code, or to any other Revised Code provision that 733
pertains to a prison term.
(2) If the offender previously has been sentenced to a 735
mandatory term of local incarceration pursuant to division (G)(1) 736
of this section for a fourth degree felony OMVI offense, the 737
court shall impose upon the offender a mandatory prison term of 738
sixty days as specified in division (A)(4) of section 4511.99 of 739
the Revised Code and shall not reduce the term pursuant to 740
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 741
to a mandatory term of local incarceration pursuant to division 742
(G)(1) of this section for a fourth degree felony OMVI offense be 743
sentenced to another mandatory term of local incarceration under 744
that division for a fourth degree felony OMVI offense. The court 745
shall not sentence the offender to a community control sanction 746
under section 2929.16 or 2929.17 of the Revised Code. The 747
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 748
intensive program prison established pursuant to section 5120.033 749
of the Revised Code if the department gave the sentencing judge 750
prior notice of its intent to place the offender in an intensive 751
program prison established under that section and if the judge 752
did not notify the department that the judge disapproved the 753
placement.
(G)(H) If an offender is being sentenced for a sexually 756
oriented offense committed on or after the effective date of this 757
amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of 758
18
the Revised Code if either of the following applies: 760
(1) The offense was a sexually violent offense, and the 762
offender also was convicted of or pleaded guilty to a sexually 763
violent predator specification that was included in the 764
indictment, count in the indictment, or information charging the 765
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 767
offense determines pursuant to division (B) of section 2950.09 of 768
the Revised Code that the offender is a sexual predator. 769
(H)(I) If an offender is being sentenced for a sexually 772
oriented offense committed on or after the effective date of this 773
amendment, the judge shall include in the sentence a summary of
the offender's duty to register pursuant to section 2950.04 of 774
the Revised Code, the offender's duty to provide notice of a 775
change in residence address and register the new residence 776
address pursuant to section 2950.05 of the Revised Code, the 777
offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised 778
Code, and the duration of the duties. The judge shall inform the 779
offender, at the time of sentencing, of those duties and of their 780
duration and, if required under division (A)(2) of section 781
2950.03 of the Revised Code, shall perform the duties specified 782
in that section. 783
Sec. 2929.14. (A) Except as provided in division (C), 793
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 794
relation to an offense for which a sentence of death or life 795
imprisonment is to be imposed, if the court imposing a sentence 796
upon an offender for a felony elects or is required to impose a 797
prison term on the offender pursuant to this chapter and is not 798
prohibited by division (G)(1) of section 2929.13 of the Revised 799
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 801
(1) For a felony of the first degree, the prison term 803
shall be three, four, five, six, seven, eight, nine, or ten 804
19
years. 805
(2) For a felony of the second degree, the prison term 807
shall be two, three, four, five, six, seven, or eight years. 808
(3) For a felony of the third degree, the prison term 810
shall be one, two, three, four, or five years. 811
(4) For a felony of the fourth degree, the prison term 813
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 814
fourteen, fifteen, sixteen, seventeen, or eighteen months. 815
(5) For a felony of the fifth degree, the prison term 817
shall be six, seven, eight, nine, ten, eleven, or twelve months. 819
(B) Except as provided in division (C), (D)(2), (D)(3), or 822
(G) of this section, IN SECTION 2907.02 OF THE REVISED CODE, or 823
in Chapter 2925. of the Revised Code, if the court imposing a 825
sentence upon an offender for a felony elects or is required to 826
impose a prison term on the offender and if the offender 827
previously has not served a prison term, the court shall impose 828
the shortest prison term authorized for the offense pursuant to 829
division (A) of this section, unless the court finds on the 830
record that the shortest prison term will demean the seriousness 831
of the offender's conduct or will not adequately protect the 832
public from future crime by the offender or others. 833
(C) Except as provided in division (G) of this section or 835
in Chapter 2925. of the Revised Code, the court imposing a 836
sentence upon an offender for a felony may impose the longest 837
prison term authorized for the offense pursuant to division (A) 838
of this section only upon offenders who committed the worst forms 839
of the offense, upon offenders who pose the greatest likelihood 840
of committing future crimes, upon certain major drug offenders 841
under division (D)(3) of this section, and upon certain repeat 842
violent offenders in accordance with division (D)(2) of this 844
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 846
this section, if an offender who is convicted of or pleads guilty 847
to a felony also is convicted of or pleads guilty to a 848
20
specification of the type described in section 2941.144 of the 849
Revised Code that charges the offender with having a firearm that 851
is an automatic firearm or that was equipped with a firearm 852
muffler or silencer on or about the offender's person or under 854
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 855
Revised Code that charges the offender with having a firearm on 856
or about the offender's person or under the offender's control 857
while committing the offense and displaying the firearm, 859
brandishing the firearm, indicating that the offender possessed 860
the firearm, or using it to facilitate the offense, or a 862
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 864
or about the offender's person or under the offender's control 865
while committing the felony, the court, after imposing a prison 866
term on the offender for the felony under division (A), (D)(2), 868
or (D)(3) of this section, shall impose an additional prison 869
term, determined pursuant to this division, that shall not be 870
reduced pursuant to section 2929.20, section 2967.193, or any 871
other provision of Chapter 2967. or Chapter 5120. of the Revised 872
Code. If the specification is of the type described in section 874
2941.144 of the Revised Code, the additional prison term shall be 875
six years. If the specification is of the type described in 877
section 2941.145 of the Revised Code, the additional prison term 879
shall be three years. If the specification is of the type 880
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 882
than one additional prison term on an offender under this 883
division for felonies committed as part of the same act or 884
transaction. If a court imposes an additional prison term under 885
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 886
division.
(ii) Except as provided in division (D)(1)(b) of this 889
21
section, if an offender who is convicted of or pleads guilty to a 890
violation of section 2923.161 of the Revised Code or to a felony 892
that includes, as an essential element, purposely or knowingly 893
causing or attempting to cause the death of or physical harm to 894
another, also is convicted of or pleads guilty to a specification 895
of the type described in section 2941.146 of the Revised Code 898
that charges the offender with committing the offense by 899
discharging a firearm from a motor vehicle, as defined in section 900
4501.01 of the Revised Code, other than a manufactured home, as 903
defined in section 4501.01 of the Revised Code, the court, after 905
imposing a prison term on the offender for the violation of 906
section 2923.161 of the Revised Code or for the other felony 908
offense under division (A), (D)(2), or (D)(3) of this section, 909
shall impose an additional prison term of five years upon the 910
offender that shall not be reduced pursuant to section 2929.20, 911
section 2967.193, or any other provision of Chapter 2967. or 912
Chapter 5120. of the Revised Code. A court shall not impose more 914
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 916
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 917
also shall impose an additional prison term under division 918
(D)(1)(a)(i) of this section relative to the same offense, 919
provided the criteria specified in that division for imposing an 920
additional prison term are satisfied relative to the offender and 921
the offense.
(b) The court shall not impose any of the additional 923
prison terms described in division (D)(1)(a) of this section upon 926
an offender for a violation of section 2923.12 of the Revised 927
Code. The court shall not impose any of the additional prison 928
terms described in that division upon an offender for a violation 929
of section 2923.13 of the Revised Code unless all of the 930
following apply:
(i) The offender previously has been convicted of 933
22
aggravated murder, murder, or any felony of the first or second 934
degree.
(ii) Less than five years have passed since the offender 937
was released from prison or post-release control, whichever is 938
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 941
to a felony also is convicted of or pleads guilty to a 942
specification of the type described in section 2941.149 of the 943
Revised Code that the offender is a repeat violent offender, the 945
court shall impose a prison term from the range of terms 946
authorized for the offense under division (A) of this section 947
that may be the longest term in the range and that shall not be 948
reduced pursuant to section 2929.20, section 2967.193, or any 950
other provision of Chapter 2967. or Chapter 5120. of the Revised 951
Code. If the court finds that the repeat violent offender, in 953
committing the offense, caused any physical harm that carried a 954
substantial risk of death to a person or that involved 955
substantial permanent incapacity or substantial permanent 956
disfigurement of a person, the court shall impose the longest 957
prison term from the range of terms authorized for the offense 959
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 962
violent offender imposes the longest prison term from the range 963
of terms authorized for the offense under division (A) of this 964
section, the court may impose on the offender an additional 965
definite prison term of one, two, three, four, five, six, seven, 966
eight, nine, or ten years if the court finds that both of the 967
following apply with respect to the prison terms imposed on the 968
offender pursuant to division (D)(2)(a) of this section and, if 969
applicable, divisions (D)(1) and (3) of this section: 970
(i) The terms so imposed are inadequate to punish the 973
offender and protect the public from future crime, because the 974
applicable factors under section 2929.12 of the Revised Code 977
indicating a greater likelihood of recidivism outweigh the 979
23
applicable factors under that section indicating a lesser
likelihood of recidivism. 980
(ii) The terms so imposed are demeaning to the seriousness 983
of the offense, because one or more of the factors under section 984
2929.12 of the Revised Code indicating that the offender's 985
conduct is more serious than conduct normally constituting the 986
offense are present, and they outweigh the applicable factors 987
under that section indicating that the offender's conduct is less 989
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 992
section 2903.01 or 2907.02 of the Revised Code and the penalty 993
imposed for the violation is life imprisonment or commits a 994
violation of section 2903.02 of the Revised Code, if the offender 995
commits a violation of section 2925.03, 2925.04, or 2925.11 of 996
the Revised Code and that section requires the imposition of a 998
ten-year prison term on the offender or if a court imposing a 999
sentence upon an offender for a felony finds that the offender is 1,000
guilty of a specification of the type described in section 1,001
2941.1410 of the Revised Code, that the offender is a major drug 1,002
offender, is guilty of corrupt activity with the most serious 1,003
offense in the pattern of corrupt activity being a felony of the 1,004
first degree, or is guilty of an attempted forcible violation of 1,005
section 2907.02 of the Revised Code with the victim being under 1,006
thirteen years of age and that attempted violation is the felony 1,007
for which sentence is being imposed, the court shall impose upon 1,008
the offender for the felony violation a ten-year prison term that 1,009
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 1,011
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 1,014
division (D)(3)(a) of this section may impose an additional 1,015
prison term of one, two, three, four, five, six, seven, eight, 1,016
nine, or ten years, if the court, with respect to the term 1,017
imposed under division (D)(3)(a) of this section and, if 1,018
applicable, divisions (D)(1) and (2) of this section, makes both 1,020
24
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 1,021
this section.
(4) If the offender is being sentenced for a fourth degree 1,023
felony OMVI offense and if division (G)(2) of section 2929.13 of 1,025
the Revised Code requires the sentencing court to impose upon the 1,026
offender a mandatory prison term, the sentencing court shall 1,027
impose upon the offender a mandatory prison term in accordance 1,028
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 1,029
prison term of any duration specified in division (A)(4) of this 1,030
section minus the sixty days imposed upon the offender as the 1,031
mandatory prison term. The total of the additional prison term 1,032
imposed under division (D)(4) of this section plus the sixty days 1,033
imposed as the mandatory prison term shall equal one of the 1,034
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 1,035
division (D)(4) of this section, the offender shall serve the 1,036
additional prison term after the offender has served the 1,037
mandatory prison term required for the offense. The court shall 1,038
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 1,039
(E)(1) If a mandatory prison term is imposed upon an 1,042
offender pursuant to division (D)(1)(a) of this section for 1,043
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 1,045
prison term is imposed upon an offender pursuant to division 1,046
(D)(1)(b) of this section for committing a felony specified in 1,047
that division by discharging a firearm from a motor vehicle, the 1,048
offender shall serve the mandatory prison term consecutively to 1,049
and prior to the prison term imposed for the underlying felony 1,050
pursuant to division (A), (D)(2), or (D)(3) of this section or 1,051
any other section of the Revised Code and consecutively to any 1,052
other prison term or mandatory prison term previously or 1,054
subsequently imposed upon the offender. 1,055
25
(2) If an offender who is an inmate in a jail, prison, or 1,058
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1,060
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 1,061
offender who is an inmate in a jail, prison, or other residential 1,062
detention facility or is under detention at a detention facility 1,063
commits another felony while the offender is an escapee in 1,065
violation of section 2921.34 of the Revised Code, any prison term 1,067
imposed upon the offender for one of those violations shall be 1,068
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 1,070
committed that offense and to any other prison term previously or 1,071
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 1,072
meanings as in section 2921.01 of the Revised Code. 1,073
(3) If a prison term is imposed for a violation of 1,075
division (B) of section 2911.01 of the Revised Code, the offender 1,077
shall serve that prison term consecutively to any other prison 1,078
term.
(4) If multiple prison terms are imposed on an offender 1,080
for convictions of multiple offenses, the court may require the 1,081
offender to serve the prison terms consecutively if the court 1,082
finds that the consecutive service is necessary to protect the 1,083
public from future crime or to punish the offender and that 1,084
consecutive sentences are not disproportionate to the seriousness 1,085
of the offender's conduct and to the danger the offender poses to 1,087
the public, and if the court also finds any of the following: 1,088
(a) The offender committed the multiple offenses while the 1,091
offender was awaiting trial or sentencing, was under a sanction 1,092
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 1,093
Revised Code, or was under post-release control for a prior 1,094
offense.
(b) The harm caused by the multiple offenses was so great 1,097
26
or unusual that no single prison term for any of the offenses 1,098
committed as part of a single course of conduct adequately 1,099
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 1,101
demonstrates that consecutive sentences are necessary to protect 1,102
the public from future crime by the offender. 1,103
(5) When consecutive prison terms are imposed pursuant to 1,106
division (E)(1), (2), (3), or (4) of this section, the term to be 1,107
served is the aggregate of all of the terms so imposed. 1,108
(F) If a court imposes a prison term of a type described 1,111
in division (B) of section 2967.28 of the Revised Code, it shall 1,112
include in the sentence a requirement that the offender be 1,113
subject to a period of post-release control after the offender's 1,114
release from imprisonment, in accordance with that division. If 1,115
a court imposes a prison term of a type described in division (C) 1,116
of that section, it shall include in the sentence a requirement 1,117
that the offender be subject to a period of post-release control 1,118
after the offender's release from imprisonment, in accordance 1,119
with that division, if the parole board determines that a period 1,120
of post-release control is necessary. 1,121
(G) If a person is convicted of or pleads guilty to a 1,123
sexually violent offense and also is convicted of or pleads 1,124
guilty to a sexually violent predator specification that was 1,125
included in the indictment, count in the indictment, or 1,126
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 1,127
the Revised Code, and Chapter 2971. of the Revised Code applies 1,128
regarding the prison term or term of life imprisonment without 1,129
parole imposed upon the offender and the service of that term of 1,130
imprisonment.
Section 2. That existing sections 2907.01, 2907.02, 1,133
2907.03, 2907.05, 2929.13, and 2929.14 of the Revised Code are 1,135
hereby repealed.
Section 3. Section 2929.13 of the Revised Code is 1,137
27
presented in this act as a composite of the section as amended by 1,139
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Am. Sub. S.B. 166, and Am. 1,140
Sub. S.B. 269 of the 121st General Assembly, with the new
language of none of the acts shown in capital letters. This is 1,142
in recognition of the principle stated in division (B) of section 1,143
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes 1,145
a legislative finding that such is the resulting version in 1,146
effect prior to the effective date of this act.