As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 565 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-WISE-KASPUTIS-BUCHY-AMSTUTZ-GARCIA- 8
REID-PADGETT-GRENDELL-ROMAN-SCHULER-COLONNA-VERICH-LOGAN- 9
SCHURING-PERZ-VESPER-CAREY-ALLEN-WILLAMOWSKI-HOUSEHOLDER- 10
TAYLOR-OGG-MASON-CORE-BRADING-TAVARES-HEALY- SENATORS 12
OELSLAGER-LATTA-GARDNER
_________________________________________________________________ 14
A B I L L
To amend sections 2901.01, 2901.11, 2901.12, 16
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, 17
2923.31, 2933.51, 2933.76, 2933.77, 2950.01,
2950.04, 2950.06, 2950.07, 2950.09, 2950.10, 18
2950.11, and 2950.14 and to enact sections
2913.05 and 2913.06 of the Revised Code relative 19
to telecommunications offenses, to orders for the 20
installation of trap and trace devices or pen 21
registers, and to revisions in the Sex Offender
Registration and Notification Law regarding the 22
duty to register, the duration of the 23
registration requirements, the scope of community
notification, and certain technical changes. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 2901.01, 2901.11, 2901.12, 28
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, 2923.31, 2933.51, 29
2933.76, 2933.77, 2950.01, 2950.04, 2950.06, 2950.07, 2950.09, 30
2950.10, 2950.11, and 2950.14 be amended and sections 2913.05 and 31
2913.06 of the Revised Code be enacted to read as follows: 32
Sec. 2901.01. (A) As used in the Revised Code: 41
(1) "Force" means any violence, compulsion, or constraint 43
physically exerted by any means upon or against a person or 44
2
thing. 45
(2) "Deadly force" means any force that carries a 47
substantial risk that it will proximately result in the death of 48
any person. 49
(3) "Physical harm to persons" means any injury, illness, 51
or other physiological impairment, regardless of its gravity or 52
duration. 53
(4) "Physical harm to property" means any tangible or 55
intangible damage to property that, in any degree, results in 56
loss to its value or interferes with its use or enjoyment. 57
"Physical harm to property" does not include wear and tear 58
occasioned by normal use. 59
(5) "Serious physical harm to persons" means any of the 61
following: 62
(a) Any mental illness or condition of such gravity as 64
would normally require hospitalization or prolonged psychiatric 65
treatment; 66
(b) Any physical harm that carries a substantial risk of 68
death; 69
(c) Any physical harm that involves some permanent 71
incapacity, whether partial or total, or that involves some 72
temporary, substantial incapacity; 73
(d) Any physical harm that involves some permanent 75
disfigurement, or that involves some temporary, serious 76
disfigurement; 77
(e) Any physical harm that involves acute pain of such 79
duration as to result in substantial suffering, or that involves 80
any degree of prolonged or intractable pain. 81
(6) "Serious physical harm to property" means any physical 83
harm to property that does either of the following: 84
(a) Results in substantial loss to the value of the 86
property, or requires a substantial amount of time, effort, or 87
money to repair or replace; 88
(b) Temporarily prevents the use or enjoyment of the 90
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property, or substantially interferes with its use or enjoyment 91
for an extended period of time. 92
(7) "Risk" means a significant possibility, as contrasted 94
with a remote possibility, that a certain result may occur or 95
that certain circumstances may exist. 96
(8) "Substantial risk" means a strong possibility, as 98
contrasted with a remote or significant possibility, that a 99
certain result may occur or that certain circumstances may exist. 100
(9) "Offense of violence" means any of the following: 102
(a) A violation of section 2903.01, 2903.02, 2903.03, 104
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 105
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 106
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 107
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 108
division (A)(1), (2), or (3) of section 2911.12 of the Revised 109
Code or felonious sexual penetration in violation of former 110
section 2907.12 of the Revised Code; 111
(b) A violation of an existing or former municipal 113
ordinance or law of this or any other state or the United States, 114
substantially equivalent to any section or, division, or offense 116
listed in division (A)(9)(a) of this section; 117
(c) An offense, other than a traffic offense, under an 119
existing or former municipal ordinance or law of this or any 120
other state or the United States, committed purposely or 121
knowingly, and involving physical harm to persons or a risk of 122
serious physical harm to persons; 123
(d) A conspiracy or attempt to commit, or complicity in 125
committing, any offense under division (A)(9)(a), (b), or (c) of 127
this section.
(10)(a) "Property" means any property, real or personal, 130
tangible or intangible, and any interest or license in that 131
property. "Property" includes, but is not limited to, cable
television service, computer OTHER TELECOMMUNICATIONS SERVICE, 132
TELECOMMUNICATIONS DEVICES, INFORMATION SERVICE, COMPUTERS, data, 133
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computer software, financial instruments associated with 135
computers, and other documents associated with computers, or 136
copies of the documents, whether in machine or human readable 137
form, TRADE SECRETS, TRADEMARKS, COPYRIGHTS, PATENTS, AND 138
PROPERTY PROTECTED BY A TRADEMARK, COPYRIGHT, OR PATENT. 139
"Financial instruments associated with computers" include, but 140
are not limited to, checks, drafts, warrants, money orders, notes 141
of indebtedness, certificates of deposit, letters of credit, 142
bills of credit or debit cards, financial transaction 143
authorization mechanisms, marketable securities, or any computer 144
system representations of any of them. 145
(b) As used in this division and division (A)(10) OF THIS 148
SECTION, "TRADE SECRET" HAS THE SAME MEANING AS IN SECTION
1333.61 OF THE REVISED CODE, AND "TELECOMMUNICATIONS SERVICE" AND 149
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 150
2913.01 OF THE REVISED CODE.
(c) AS USED IN DIVISIONS (A)(10) AND (13) of this section, 153
"cable television service," "computer," "computer software," 154
"computer system," "computer network," and "data," AND 155
"TELECOMMUNICATIONS DEVICE" have the same meaning MEANINGS as in 156
section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 158
(a) A sheriff, deputy sheriff, constable, police officer 160
of a township or joint township police district, marshal, deputy 161
marshal, municipal police officer, member of a police force 162
employed by a metropolitan housing authority under division (D) 163
of section 3735.31 of the Revised Code, or state highway patrol 164
trooper; 165
(b) An officer, agent, or employee of the state or any of 167
its agencies, instrumentalities, or political subdivisions, upon 168
whom, by statute, a duty to conserve the peace or to enforce all 169
or certain laws is imposed and the authority to arrest violators 170
is conferred, within the limits of that statutory duty and 171
authority; 172
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(c) A mayor, in the mayor's capacity as chief conservator 174
of the peace within the mayor's municipal corporation; 175
(d) A member of an auxiliary police force organized by 177
county, township, or municipal law enforcement authorities, 178
within the scope of the member's appointment or commission; 179
(e) A person lawfully called pursuant to section 311.07 of 181
the Revised Code to aid a sheriff in keeping the peace, for the 182
purposes and during the time when the person is called; 183
(f) A person appointed by a mayor pursuant to section 185
737.01 of the Revised Code as a special patrolling officer during 187
riot or emergency, for the purposes and during the time when the 188
person is appointed;
(g) A member of the organized militia of this state or the 190
armed forces of the United States, lawfully called to duty to aid 191
civil authorities in keeping the peace or protect against 192
domestic violence; 193
(h) A prosecuting attorney, assistant prosecuting 195
attorney, secret service officer, or municipal prosecutor; 196
(i) An Ohio veterans' home police officer appointed under 198
section 5907.02 of the Revised Code; 199
(j) A member of a police force employed by a regional 201
transit authority under division (Y) of section 306.35 of the 202
Revised Code.
(12) "Privilege" means an immunity, license, or right 204
conferred by law, bestowed by express or implied grant, arising 206
out of status, position, office, or relationship, or growing out 207
of necessity.
(13) "Contraband" means any property described in the 209
following categories: 210
(a) Property that in and of itself is unlawful for a 212
person to acquire or possess; 213
(b) Property that is not in and of itself unlawful for a 215
person to acquire or possess, but that has been determined by a 216
court of this state, in accordance with law, to be contraband 217
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because of its use in an unlawful activity or manner, of its 218
nature, or of the circumstances of the person who acquires or 219
possesses it, including, but not limited to, goods and personal 220
property described in division (D) of section 2913.34 of the 221
Revised Code;
(c) Property that is specifically stated to be contraband 223
by a section of the Revised Code or by an ordinance, regulation, 224
or resolution; 225
(d) Property that is forfeitable pursuant to a section of 227
the Revised Code, or an ordinance, regulation, or resolution, 228
including, but not limited to, forfeitable firearms, dangerous 229
ordnance, obscene materials, and goods and personal property 231
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 233
3719.01 of the Revised Code, or any device, paraphernalia, money 234
as defined in section 1301.01 of the Revised Code, or other means 235
of exchange that has been, is being, or is intended to be used in 236
an attempt or conspiracy to violate, or in a violation of, 237
Chapter 2925. or 3719. of the Revised Code; 238
(f) Any gambling device, paraphernalia, money as defined 240
in section 1301.01 of the Revised Code, or other means of 241
exchange that has been, is being, or is intended to be used in an 242
attempt or conspiracy to violate, or in the violation of, Chapter 243
2915. of the Revised Code; 244
(g) Any equipment, machine, device, apparatus, vehicle, 246
vessel, container, liquid, or substance that has been, is being, 247
or is intended to be used in an attempt or conspiracy to violate, 248
or in the violation of, any law of this state relating to alcohol 249
or tobacco; 250
(h) Any personal property that has been, is being, or is 252
intended to be used in an attempt or conspiracy to commit, or in 253
the commission of, any offense or in the transportation of the 254
fruits of any offense; 255
(i) Any property that is acquired through the sale or 257
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other transfer of contraband or through the proceeds of 258
contraband, other than by a court or a law enforcement agency 259
acting within the scope of its duties; 260
(j) Any computer, computer system, computer network, or 262
computer software, OR OTHER TELECOMMUNICATIONS DEVICE that is 263
used in a conspiracy to commit, an attempt to commit, or in the 265
commission of any offense, if the owner of the computer, computer 266
system, computer network, or computer software, OR OTHER 267
TELECOMMUNICATIONS DEVICE is convicted of or pleads guilty to the 268
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 270
relative to a charge of an offense only if the person proves, in 271
the manner specified in section 2901.05 of the Revised Code, that 272
at the time of the commission of the offense, the person did not 273
know, as a result of a severe mental disease or defect, the 274
wrongfulness of the person's acts. 275
(B)(1)(a) Subject to division (B)(2) of this section, as 278
used in any section contained in Title XXIX of the Revised Code 279
that sets forth a criminal offense, "person" includes all of the 280
following:
(i) An individual, corporation, business trust, estate, 282
trust, partnership, and association; 283
(ii) An unborn human who is viable. 285
(b) As used in any section contained in Title XXIX of the 288
Revised Code that does not set forth a criminal offense, "person" 289
includes an individual, corporation, business trust, estate, 290
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 292
(i) "Unborn human" means an individual organism of the 294
species homo sapiens from fertilization until live birth. 295
(ii) "Viable" means the stage of development of a human 298
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 299
temporary artificial life-sustaining support. 300
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(2) Notwithstanding division (B)(1)(a) of this section, in 302
no case shall the portion of the definition of the term "person" 303
that is set forth in division (B)(1)(a)(ii) of this section be 304
applied or construed in any section contained in Title XXIX of 305
the Revised Code that sets forth a criminal offense in any of the 306
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 308
this section, in a manner so that the offense prohibits or is 309
construed as prohibiting any pregnant woman or her physician from 310
performing an abortion with the consent of the pregnant woman, 311
with the consent of the pregnant woman implied by law in a 312
medical emergency, or with the approval of one otherwise 313
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 314
described in the immediately preceding sentence may be punished 315
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 316
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 317
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 318
An abortion that does not violate the conditions described in the 319
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 320
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 321
as a violation of section 2919.12, division (B) of section 322
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 323
Code, as applicable. Consent is sufficient under this division 324
if it is of the type otherwise adequate to permit medical 325
treatment to the pregnant woman, even if it does not comply with 326
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 329
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 330
results in any of the following: 331
(i) Her delivery of a stillborn baby; 333
(ii) Her causing, in any other manner, the death in utero 336
9
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 339
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 340
(iv) Her causing her child who is born alive to sustain 343
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 346
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 347
or a mental illness or condition, regardless of its duration or 348
gravity, to a viable, unborn human that she is carrying. 349
Sec. 2901.11. (A) A person is subject to criminal 358
prosecution and punishment in this state if any of the following 359
occur: 360
(1) He THE PERSON commits an offense under the laws of 362
this state, any element of which takes place in this state;. 363
(2) While in this state, he THE PERSON conspires or 365
attempts to commit, or is guilty of complicity in the commission 366
of, an offense in another jurisdiction, which offense is an 367
offense under both the laws of this state and such THE other 368
jurisdiction;. 369
(3) While out of this state, he THE PERSON conspires or 371
attempts to commit, or is guilty of complicity in the commission 372
of, an offense in this state;. 373
(4) While out of this state, he THE PERSON omits to 375
perform a legal duty imposed by the laws of this state, which 377
omission affects a legitimate interest of the state in 378
protecting, governing, or regulating any person, property, thing, 379
transaction, or activity in this state;. 380
(5) While out of this state, he THE PERSON unlawfully 382
takes or retains property and subsequently brings any of such THE 383
UNLAWFULLY TAKEN OR RETAINED property into this state;. 384
(6) While out of this state, he THE PERSON unlawfully 386
takes or entices another and subsequently brings such THE other 387
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person into this state. 388
(7) THE PERSON, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 391
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 392
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE, CAUSES OR 393
KNOWINGLY PERMITS ANY WRITING, DATA, IMAGE, OR OTHER 395
TELECOMMUNICATION TO BE DISSEMINATED OR TRANSMITTED INTO THIS
STATE IN VIOLATION OF THE LAW OF THIS STATE. 396
(B) In homicide, the element referred to in division 398
(A)(1) of this section is either the act which THAT causes death, 400
or the physical contact which THAT causes death, or the death 401
itself. If any part of the body of a homicide victim is found in 403
this state, the death is presumed to have occurred within this 404
state.
(C)(1) This state includes the land and water within its 406
boundaries and the air space above that land and water, with 407
respect to which this state has either exclusive or concurrent 408
legislative jurisdiction. Where the boundary between this state 409
and another state or foreign country is disputed, the disputed 410
territory is conclusively presumed to be within this state for 411
purposes of this section. 412
(2) The courts of common pleas of Adams, Athens, Belmont, 414
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, 415
Lawrence, Meigs, Monroe, Scioto, and Washington counties have 416
jurisdiction beyond the north or northwest shore of the Ohio 417
river extending to the opposite shore line, between the extended 418
boundary lines of any adjacent counties or adjacent state. Each 419
of those courts of common pleas has concurrent jurisdiction on 420
the Ohio river with any adjacent court of common pleas that 421
borders on that river and with any court of Kentucky or of West 422
Virginia that borders on the Ohio river and that has jurisdiction 423
on the Ohio river under the law of Kentucky or the law of West 424
Virginia, whichever is applicable, or under federal law. 425
(D) When an offense is committed under the laws of this 427
state, and it appears beyond a reasonable doubt that the offense 428
11
or any element thereof OF THE OFFENSE took place either in Ohio 430
THIS STATE or in another jurisdiction or jurisdictions, but it 431
cannot reasonably be determined in which it took place, such THE 432
offense or element is conclusively presumed to have taken place 434
in this state for purposes of this section. 435
(E) AS USED IN THIS SECTION, "COMPUTER," "COMPUTER 437
SYSTEM," "COMPUTER NETWORK," "INFORMATION SERVICE," 438
"TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE," 439
"TELECOMMUNICATIONS SERVICE," "DATA," AND "WRITING" HAVE THE SAME 440
MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE.
Sec. 2901.12. (A) The trial of a criminal case in this 449
state shall be held in a court having jurisdiction of the subject 450
matter, and in the territory of which the offense or any element 451
of the offense was committed. 452
(B) When the offense or any element of the offense was 454
committed in an aircraft, motor vehicle, train, watercraft, or 455
other vehicle, in transit, and it cannot reasonably be determined 456
in which jurisdiction the offense was committed, the offender may 457
be tried in any jurisdiction through which the aircraft, motor 458
vehicle, train, watercraft, or other vehicle passed. 459
(C) When the offense involved the unlawful taking or 461
receiving of property or the unlawful taking or enticing of 462
another, the offender may be tried in any jurisdiction from which 463
or into which the property or victim was taken, received, or 464
enticed. 465
(D) When the offense is conspiracy, attempt, or complicity 467
cognizable under division (A)(2) of section 2901.11 of the 468
Revised Code, the offender may be tried in any jurisdiction in 469
which the conspiracy, attempt, complicity, or any of its elements 470
occurred. 471
(E) When the offense is conspiracy or attempt cognizable 473
under division (A)(3) of section 2901.11 of the Revised Code, the 474
offender may be tried in any jurisdiction in which the offense 475
that was the object of the conspiracy or attempt, or any element 476
12
thereof OF THAT OFFENSE, was intended to or could have taken 477
place. When the offense is complicity cognizable under division 479
(A)(3) of section 2901.11 of the Revised Code, the offender may 480
be tried in any jurisdiction in which the principal offender may 481
be tried.
(F) When an offense is considered to have been committed 483
in this state while the offender was out of this state, and the 484
jurisdiction in this state in which the offense or any material 485
element of the offense was committed is not reasonably 486
ascertainable, the offender may be tried in any jurisdiction in 487
which the offense or element reasonably could have been 488
committed. 489
(G) When it appears beyond a reasonable doubt that an 491
offense or any element of an offense was committed in any of two 492
or more jurisdictions, but it cannot reasonably be determined in 493
which jurisdiction the offense or element was committed, the 494
offender may be tried in any such jurisdiction OF THOSE 495
JURISDICTIONS. 496
(H) When an offender, as part of a course of criminal 498
conduct, commits offenses in different jurisdictions, he THE 499
OFFENDER may be tried for all of those offenses in any 501
jurisdiction in which one of those offenses or any element of one 502
of those offenses occurred. Without limitation on the evidence 503
that may be used to establish such THE course of criminal 504
conduct, any of the following is prima-facie evidence of a course 505
of criminal conduct:
(1) The offenses involved the same victim, or victims of 507
the same type or from the same group. 508
(2) The offenses were committed by the offender in his THE 510
OFFENDER'S same employment, or capacity, or relationship to 512
another.
(3) The offenses were committed as part of the same 514
transaction or chain of events, or in furtherance of the same 515
purpose or objective. 516
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(4) The offenses were committed in furtherance of the same 518
conspiracy. 519
(5) The offenses involved the same or a similar modus 521
operandi. 522
(6) The offenses were committed along the offender's line 524
of travel in this state, regardless of his THE OFFENDER'S point 525
of origin or destination. 527
(I)(1) When the offense involves a computer, computer 529
system, or computer network, TELECOMMUNICATION, 530
TELECOMMUNICATIONS DEVICE, TELECOMMUNICATIONS SERVICE, OR 531
INFORMATION SERVICE, the offender may be tried in any 532
jurisdiction containing any location of the computer, computer 533
system, or computer network of the victim of the offense, IN ANY 535
JURISDICTION FROM WHICH OR INTO WHICH, AS PART OF THE OFFENSE, 536
ANY WRITING, DATA, OR IMAGE IS DISSEMINATED OR TRANSMITTED BY 537
MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, 538
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, TELECOMMUNICATIONS 539
SERVICE, OR INFORMATION SERVICE, or IN any jurisdiction in which 541
the alleged offender commits any activity that is an essential 542
part of the offense.
(2) As used in this section, "computer," "computer 544
system," and "computer network," "INFORMATION SERVICE," 546
"TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE," 547
"TELECOMMUNICATIONS SERVICE," "DATA," AND "WRITING" have the same 550
meaning MEANINGS as in section 2913.01 of the Revised Code. 551
(J) When the offense involves the death of a person, and 553
it cannot reasonably be determined in which jurisdiction the 554
offense was committed, the offender may be tried in the 555
jurisdiction in which the dead person's body or any part of the 556
dead person's body was found. 557
(K) Notwithstanding any other requirement for the place of 559
trial, venue may be changed, upon motion of the prosecution, the 560
defense, or the court, to any court having jurisdiction of the 561
subject matter outside the county in which trial otherwise would 562
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be held, when it appears that a fair and impartial trial cannot 563
be held in the jurisdiction in which trial otherwise would be 564
held, or when it appears that trial should be held in another 565
jurisdiction for the convenience of the parties and in the 566
interests of justice. 567
Sec. 2913.01. As used in this chapter, UNLESS THE CONTEXT 576
REQUIRES THAT A TERM BE GIVEN A DIFFERENT MEANING: 577
(A) "Deception" means knowingly deceiving another or 579
causing another to be deceived by any false or misleading 580
representation, by withholding information, by preventing another 581
from acquiring information, or by any other conduct, act, or 582
omission that creates, confirms, or perpetuates a false 583
impression in another, including a false impression as to law, 584
value, state of mind, or other objective or subjective fact. 585
(B) "Defraud" means to knowingly obtain, by deception, 587
some benefit for oneself or another, or to knowingly cause, by 588
deception, some detriment to another. 589
(C) "Deprive" means to do any of the following: 591
(1) Withhold property of another permanently, or for a 593
period that appropriates a substantial portion of its value or 594
use, or with purpose to restore it only upon payment of a reward 595
or other consideration; 596
(2) Dispose of property so as to make it unlikely that the 598
owner will recover it; 599
(3) Accept, use, or appropriate money, property, or 601
services, with purpose not to give proper consideration in return 602
for the money, property, or services, and without reasonable 603
justification or excuse for not giving proper consideration. 604
(D) "Owner" means, unless the context requires a different 606
meaning, any person, other than the actor, who is the owner of, 608
who has possession or control of, or who has any license or 610
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 611
(E) "Services" include labor, personal services, 613
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professional services, public utility services, common carrier 614
services, and food, drink, transportation, entertainment, and 615
cable television services. 616
(F) "Writing" means any computer software, document, 618
letter, memorandum, note, paper, plate, data, film, or other 619
thing having in or upon it any written, typewritten, or printed 620
matter, and any token, stamp, seal, credit card, badge, 622
trademark, label, or other symbol of value, right, privilege, 623
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 625
part and by any means, any spurious writing, or to make, execute, 626
alter, complete, reproduce, or otherwise purport to authenticate 627
any writing, when the writing in fact is not authenticated by 628
that conduct. 629
(H) "Utter" means to issue, publish, transfer, use, put or 631
send into circulation, deliver, or display. 632
(I) "Coin machine" means any mechanical or electronic 634
device designed to do both of the following: 635
(1) Receive a coin, bill, or token made for that purpose; 637
(2) In return for the insertion or deposit of a coin, 639
bill, or token, automatically dispense property, provide a 640
service, or grant a license. 641
(J) "Slug" means an object that, by virtue of its size, 643
shape, composition, or other quality, is capable of being 644
inserted or deposited in a coin machine as an improper substitute 645
for a genuine coin, bill, or token made for that purpose. 646
(K) "Theft offense" means any of the following: 648
(1) A violation of section 2911.01, 2911.02, 2911.11, 650
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 651
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 653
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 655
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 656
2915.05, or 2921.41 of the Revised Code; 657
(2) A violation of an existing or former municipal 659
16
ordinance or law of this or any other state, or of the United 660
States, substantially equivalent to any section listed in 661
division (K)(1) of this section or a violation of section 662
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 663
prior to July 1, 1996;
(3) An offense under an existing or former municipal 665
ordinance or law of this or any other state, or of the United 666
States, involving robbery, burglary, breaking and entering, 667
theft, embezzlement, wrongful conversion, forgery, 668
counterfeiting, deceit, or fraud; 669
(4) A conspiracy or attempt to commit, or complicity in 671
committing, any offense under division (K)(1), (2), or (3) of 672
this section. 673
(L) "Computer services" includes, but is not limited to, 675
the use of a computer system, computer network, computer program, 676
data that is prepared for computer use, or data that is contained 677
within a computer system or computer network. 678
(M) "Computer" means an electronic device that performs 680
logical, arithmetic, and memory functions by the manipulation of 681
electronic or magnetic impulses. "Computer" includes, but is not 682
limited to, all input, output, processing, storage, computer 683
program, or communication facilities that are connected, or 684
related, in a computer system or network to an electronic device 686
of that nature.
(N) "Computer system" means a computer and related 688
devices, whether connected or unconnected, including, but not 689
limited to, data input, output, and storage devices, data 690
communications links, and computer programs and data that make 691
the system capable of performing specified special purpose data 692
processing tasks. 693
(O) "Computer network" means a set of related and remotely 695
connected computers and communication facilities that includes 696
more than one computer system that has the capability to transmit 697
among the connected computers and communication facilities 698
17
through the use of computer facilities. 699
(P) "Computer program" means an ordered set of data 701
representing coded instructions or statements that, when executed 702
by a computer, cause the computer to process data. 703
(Q) "Computer software" means computer programs, 705
procedures, and other documentation associated with the operation 706
of a computer system. 707
(R) "Data" means a representation of information, 709
knowledge, facts, concepts, or instructions that are being or 710
have been prepared in a formalized manner and that are intended 711
for use in a COMPUTER, computer system, or computer network. For 713
purposes of section 2913.47 of the Revised Code, "data" has the 715
additional meaning set forth in division (A) of that section. 716
(S) "Cable television service" means any services provided 718
by or through the facilities of any cable television system or 719
other similar closed circuit coaxial cable communications system, 720
or any microwave or similar transmission service used in 721
connection with any cable television system or other similar 722
closed circuit coaxial cable communications system. 723
(T) "Gain access" means to approach, instruct, communicate 725
with, store data in, retrieve data from, or otherwise make use of 726
any resources of a computer, computer system, or computer 727
network. 728
(U) "Credit card" includes, but is not limited to, a card, 730
code, device, or other means of access to a customer's account 731
for the purpose of obtaining money, property, labor, or services 732
on credit, or for initiating an electronic fund transfer at a 733
point-of-sale terminal, an automated teller machine, or a cash 734
dispensing machine. 735
(V) "Electronic fund transfer" has the same meaning as in 737
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 738
(W) "Rented property" means personal property in which the 740
right of possession and use of the property is for a short and 741
possibly indeterminate term in return for consideration; the 742
18
rentee generally controls the duration of possession of the 743
property, within any applicable minimum or maximum term; and the 744
amount of consideration generally is determined by the duration 745
of possession of the property.
(X) "TELECOMMUNICATION" MEANS THE ORIGINATION, EMISSION, 748
DISSEMINATION, TRANSMISSION, OR RECEPTION OF DATA, IMAGES,
SIGNALS, SOUNDS, OR OTHER INTELLIGENCE OR EQUIVALENCE OF 749
INTELLIGENCE OF ANY NATURE OVER ANY COMMUNICATIONS SYSTEM BY ANY 750
METHOD, INCLUDING, BUT NOT LIMITED TO, A FIBER OPTIC, ELECTRONIC, 751
MAGNETIC, OPTICAL, DIGITAL, OR ANALOG METHOD. 752
(Y) "TELECOMMUNICATIONS DEVICE" MEANS ANY INSTRUMENT, 755
EQUIPMENT, MACHINE, OR OTHER DEVICE THAT FACILITATES 756
TELECOMMUNICATION, INCLUDING, BUT NOT LIMITED TO, A COMPUTER, 757
COMPUTER NETWORK, COMPUTER CHIP, COMPUTER CIRCUIT, SCANNER, 758
TELEPHONE, CELLULAR TELEPHONE, PAGER, PERSONAL COMMUNICATIONS 759
DEVICE, TRANSPONDER, RECEIVER, RADIO, MODEM, OR DEVICE THAT 760
ENABLES THE USE OF A MODEM.
(Z) "TELECOMMUNICATIONS SERVICE" MEANS THE PROVIDING, 763
ALLOWING, FACILITATING, OR GENERATING OF ANY FORM OF 764
TELECOMMUNICATION THROUGH THE USE OF A TELECOMMUNICATIONS DEVICE 765
OVER A TELECOMMUNICATIONS SYSTEM.
(AA) "COUNTERFEIT TELECOMMUNICATIONS DEVICE" MEANS A 768
TELECOMMUNICATIONS DEVICE THAT, ALONE OR WITH ANOTHER 769
TELECOMMUNICATIONS DEVICE, HAS BEEN ALTERED, CONSTRUCTED, 770
MANUFACTURED, OR PROGRAMMED TO ACQUIRE, INTERCEPT, RECEIVE, OR
OTHERWISE FACILITATE THE USE OF A TELECOMMUNICATIONS SERVICE OR 771
INFORMATION SERVICE WITHOUT THE AUTHORITY OR CONSENT OF THE 773
PROVIDER OF THE TELECOMMUNICATIONS SERVICE OR INFORMATION 774
SERVICE. "COUNTERFEIT TELECOMMUNICATIONS DEVICE" INCLUDES, BUT 775
IS NOT LIMITED TO, A CLONE TELEPHONE, CLONE MICROCHIP, TUMBLER 776
TELEPHONE, OR TUMBLER MICROCHIP; A WIRELESS SCANNING DEVICE 777
CAPABLE OF ACQUIRING, INTERCEPTING, RECEIVING, OR OTHERWISE 778
FACILITATING THE USE OF TELECOMMUNICATIONS SERVICE OR INFORMATION 779
SERVICE WITHOUT IMMEDIATE DETECTION; OR A DEVICE, EQUIPMENT, 780
19
HARDWARE, OR SOFTWARE DESIGNED FOR, OR CAPABLE OF, ALTERING OR 781
CHANGING THE ELECTRONIC SERIAL NUMBER IN A WIRELESS TELEPHONE. 782
(BB)(1) "INFORMATION SERVICE" MEANS, SUBJECT TO DIVISION 786
(BB)(2) OF THIS SECTION, THE OFFERING OF A CAPABILITY FOR 787
GENERATING, ACQUIRING, STORING, TRANSFORMING, PROCESSING, 788
RETRIEVING, UTILIZING, OR MAKING AVAILABLE INFORMATION VIA 789
TELECOMMUNICATIONS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC 790
PUBLISHING.
(2) "INFORMATION SERVICE" DOES NOT INCLUDE ANY USE OF A 792
CAPABILITY OF A TYPE DESCRIBED IN DIVISION (BB)(1) OF THIS 794
SECTION FOR THE MANAGEMENT, CONTROL, OR OPERATION OF A 795
TELECOMMUNICATIONS SYSTEM OR THE MANAGEMENT OF A 796
TELECOMMUNICATIONS SERVICE.
Sec. 2913.04. (A) No person shall knowingly use or 805
operate the property of another without the consent of the owner 806
or person authorized to give consent. 807
(B) No person shall knowingly gain access to, attempt to 809
gain access to, or cause access to be gained to any computer, 810
computer system, or computer network, TELECOMMUNICATIONS DEVICE, 812
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE without the
consent of, or beyond the scope of the express or implied consent 813
of, the owner of the computer, computer system, or computer 814
network, TELECOMMUNICATIONS DEVICE, TELECOMMUNICATIONS SERVICE, 815
OR INFORMATION SERVICE or other person authorized to give consent 816
by the owner.
(C) The affirmative defenses contained in division (C) of 818
section 2913.03 of the Revised Code are affirmative defenses to a 819
charge under this section. 820
(D) Whoever violates division (A) of this section is 823
guilty of unauthorized use of property. Except as otherwise
provided in this division, unauthorized use of property is a 824
misdemeanor of the fourth degree. 825
If unauthorized use of property is committed for the 827
purpose of devising or executing a scheme to defraud or to obtain 828
20
property or services, unauthorized use of property is whichever 829
of the following is applicable:
(1) Except as otherwise provided in division (D)(2), (3), 831
or (4) of this section, a misdemeanor of the first degree. 832
(2) If the value of the property or services or the loss 834
to the victim is five hundred dollars or more and is less than 835
five thousand dollars, a felony of the fifth degree. 836
(3) If the value of the property or services or the loss 838
to the victim is five thousand dollars or more and is less than 839
one hundred thousand dollars, a felony of the fourth degree. 840
(4) If the value of the property or services or the loss 842
to the victim is one hundred thousand dollars or more, a felony 843
of the third degree. 844
(E) Whoever violates division (B) of this section is 846
guilty of unauthorized use of computer OR TELECOMMUNICATION 847
property, a felony of the fifth degree. 848
Sec. 2913.05. (A) NO PERSON, HAVING DEVISED A SCHEME TO 850
DEFRAUD, SHALL KNOWINGLY DISSEMINATE, TRANSMIT, OR CAUSE TO BE 852
DISSEMINATED OR TRANSMITTED BY MEANS OF A WIRE, RADIO, SATELLITE, 854
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 855
TELECOMMUNICATIONS SERVICE ANY WRITING, DATA, SIGN, SIGNAL,
PICTURE, SOUND, OR IMAGE WITH PURPOSE TO EXECUTE OR OTHERWISE 856
FURTHER THE SCHEME TO DEFRAUD. 857
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 860
TELECOMMUNICATIONS FRAUD. EXCEPT AS OTHERWISE PROVIDED IN THIS 861
DIVISION, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FIFTH 862
DEGREE. IF THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR 863
OF THE DETRIMENT TO THE VICTIM OF THE FRAUD IS FIVE THOUSAND 864
DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, 865
TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FOURTH DEGREE. IF 866
THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR OF THE 867
DETRIMENT TO THE VICTIM OF THE FRAUD IS ONE HUNDRED THOUSAND 868
DOLLARS OR MORE, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE 869
THIRD DEGREE.
21
Sec. 2913.06. (A) NO PERSON SHALL KNOWINGLY MANUFACTURE, 871
POSSESS, DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 872
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE IT CRIMINALLY. 873
(B) NO PERSON SHALL KNOWINGLY MANUFACTURE, POSSESS, 876
DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 877
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE THAT DEVICE OR TO
ALLOW THAT DEVICE TO BE USED, OR KNOWING OR HAVING REASON TO KNOW 879
THAT ANOTHER PERSON MAY USE THAT DEVICE, TO DO ANY OF THE
FOLLOWING: 880
(1) OBTAIN OR ATTEMPT TO OBTAIN TELECOMMUNICATIONS SERVICE 882
OR INFORMATION SERVICE WITH PURPOSE TO AVOID A LAWFUL CHARGE FOR 883
THAT SERVICE OR AID OR CAUSE ANOTHER PERSON TO OBTAIN OR ATTEMPT 884
TO OBTAIN TELECOMMUNICATIONS SERVICE OR INFORMATION SERVICE WITH 885
PURPOSE TO AVOID A LAWFUL CHARGE FOR THAT SERVICE; 886
(2) CONCEAL THE EXISTENCE, PLACE OF ORIGIN, OR DESTINATION 889
OF A TELECOMMUNICATIONS SERVICE OR INFORMATION SERVICE.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF UNLAWFUL 892
USE OF A TELECOMMUNICATIONS DEVICE, A FELONY OF THE FIFTH DEGREE. 893
(D) THIS SECTION DOES NOT PROHIBIT OR RESTRICT A PERSON 896
WHO HOLDS AN AMATEUR SERVICE LICENSE ISSUED BY THE FEDERAL 897
COMMUNICATIONS COMMISSION FROM POSSESSING A RADIO RECEIVER OR 898
TRANSCEIVER THAT IS INTENDED PRIMARILY OR EXCLUSIVELY FOR USE IN 899
THE AMATEUR RADIO SERVICE AND IS USED FOR LAWFUL PURPOSES. 900
(E) THIS SECTION DOES NOT PRECLUDE A PERSON FROM DISPUTING 902
CHARGES IMPOSED FOR TELECOMMUNICATIONS SERVICE OR INFORMATION 903
SERVICE BY THE PROVIDER OF THAT SERVICE. 904
Sec. 2913.42. (A) No person, knowing the person has no 913
privilege to do so, and with purpose to defraud or knowing that 914
the person is facilitating a fraud, shall do any of the 915
following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 917
mutilate any writing, computer software, data, computer data, or 919
record;
(2) Utter any writing or record, knowing it to have been 921
22
tampered with as provided in division (A)(1) of this section. 922
(B)(1) Whoever violates this section is guilty of 924
tampering with records.
(2) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 926
SECTION, IF the offense does not involve data OR COMPUTER 927
SOFTWARE, tampering with records is whichever of the following is 929
applicable:
(a) If division (B)(2)(b) of this section does not apply, 931
a misdemeanor of the first degree; 932
(b) If the writing or record is a will unrevoked at the 934
time of the offense or a record kept by or belonging to a 935
governmental agency, a felony of the fifth degree. 936
(3) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 938
SECTION, IF the offense involves a violation of division (A) of 939
this section involving data OR COMPUTER SOFTWARE, tampering with 940
records is whichever of the following is applicable: 942
(a) Except as otherwise provided in division (B)(3)(b), 944
(c), or (d) of this section, a misdemeanor of the first degree; 945
(b) If the value of the data OR COMPUTER SOFTWARE involved 947
in the offense or the loss to the victim is five hundred dollars 949
or more and is less than five thousand dollars, a felony of the 950
fifth degree;
(c) If the value of the data OR COMPUTER SOFTWARE involved 952
in the offense or the loss to the victim is five thousand dollars 954
or more and is less than one hundred thousand dollars, a felony 955
of the fourth degree;
(d) If the value of the data OR COMPUTER SOFTWARE involved 957
in the offense or the loss to the victim is one hundred thousand 959
dollars or more or if the offense is committed for the purpose of 960
devising or executing a scheme to defraud or to obtain property 961
or services and the value of the property or services or the loss 962
to the victim is five thousand dollars or more, a felony of the 964
third degree.
(4) IF THE WRITING, DATA, COMPUTER SOFTWARE, OR RECORD IS 967
23
KEPT BY OR BELONGS TO A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
ENTITY, A FELONY OF THE THIRD DEGREE. 968
Sec. 2913.61. (A) When a person is charged with a theft 977
offense involving property or services valued at five hundred 979
dollars or more, a theft offense involving property or services 980
valued at five hundred dollars or more and less than five 981
thousand dollars, a theft offense involving property or services 982
valued at five thousand dollars or more and less than one hundred 983
thousand dollars, or a theft offense involving property or 984
services valued at one hundred thousand dollars or more, the jury 985
or court trying the accused shall determine the value of the 986
property or services as of the time of the offense and, if a 987
guilty verdict is returned, shall return the finding of value as 988
part of the verdict. In any case in which the jury or court 989
determines that the value of the property or services at the time 990
of the offense was five hundred dollars or more, it is 991
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 992
value of the property or services involved was, five hundred 993
dollars or more and less than five thousand dollars, was five 995
thousand dollars or more and less than one hundred thousand 996
dollars, or was one hundred thousand dollars or more.
(B) Where IF more than one item of property or services is 998
involved in a theft offense, the value of the property or 999
services involved for the purpose of determining the value as 1,000
required by division (A) of this section, is the aggregate value 1,001
of all property or services involved in the offense. 1,002
(C)(1) When a series of offenses under section 2913.02 of 1,004
the Revised Code is committed by the offender in the offender's 1,005
same employment, capacity, or relationship to another, all such 1,006
OF THOSE offenses shall be tried as a single offense, and the 1,008
value of the property or services involved for the purpose of 1,009
determining the value as required by division (A) of this 1,010
section, is the aggregate value of all property and services 1,011
24
involved in all offenses in the series. In prosecuting a single 1,012
offense under this division, it is not necessary to separately 1,013
allege and prove each offense in the series. It is sufficient to 1,014
allege and prove that the offender, within a given span of time, 1,015
committed one or more theft offenses in the offender's same 1,016
employment, capacity, or relationship to another. 1,017
(2) IF AN OFFENDER IS BEING TRIED FOR THE COMMISSION OF A 1,020
SERIES OF OFFENSES UNDER SECTION 2913.02 OF THE REVISED CODE 1,022
AGAINST MORE THAN ONE VICTIM PURSUANT TO A SCHEME OR COURSE OF 1,023
CONDUCT, THE VALUE OF THE PROPERTY OR SERVICES INVOLVED, FOR THE 1,025
PURPOSE OF DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF 1,026
THIS SECTION, IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES 1,027
INVOLVED IN THE SERIES OF OFFENSES. 1,028
(D) The following criteria shall be used in determining 1,030
the value of property or services involved in a theft offense: 1,031
(1) The value of an heirloom, memento, collector's item, 1,033
antique, museum piece, manuscript, document, record, or other 1,034
thing that has intrinsic worth to its owner and that either is 1,036
irreplaceable or is replaceable only on the expenditure of 1,037
substantial time, effort, or money, is the amount that would 1,038
compensate the owner for its loss. 1,039
(2) The value of personal effects and household goods, and 1,041
of materials, supplies, equipment, and fixtures used in the 1,042
profession, business, trade, occupation, or avocation of its 1,043
owner, which property is not covered under division (D)(1) of 1,044
this section and which retains substantial utility for its 1,045
purpose regardless of its age or condition, is the cost of 1,046
replacing the property with new property of like kind and 1,047
quality. 1,048
(3) The value of any property, real or personal, PROPERTY 1,050
THAT IS not covered under division (D)(1) or (2) of this section, 1,052
and the value of services, is the fair market value of the 1,053
property or services. As used in this section, "fair market 1,054
value" is the money consideration that a buyer would give and a 1,055
25
seller would accept for property or services, assuming that the 1,056
buyer is willing to buy and the seller is willing to sell, that 1,057
both are fully informed as to all facts material to the 1,058
transaction, and that neither is under any compulsion to act. 1,059
(E) Without limitation on the evidence that may be used to 1,061
establish the value of property or services involved in a theft 1,062
offense:
(1) When the property involved is personal property held 1,064
for sale at wholesale or retail, the price at which the property 1,065
was held for sale is prima-facie evidence of its value. 1,066
(2) When the property involved is a security or commodity 1,068
traded on an exchange, the closing price or, if there is no 1,069
closing price, the asked price, given in the latest market 1,070
quotation prior to the offense, is prima-facie evidence of the 1,071
value of the security or commodity. 1,072
(3) When the property involved is livestock, poultry, or 1,074
raw agricultural products for which a local market price is 1,075
available, the latest local market price prior to the offense is 1,076
prima-facie evidence of the value of the livestock, poultry, or 1,077
products. 1,078
(4) When the property involved is a negotiable instrument, 1,080
the face value is prima-facie evidence of the value of the 1,081
instrument. 1,082
(5) When the property involved is a warehouse receipt, 1,084
bill of lading, pawn ticket, claim check, or other instrument 1,085
entitling the holder or bearer to receive property, the face 1,086
value or, if there is no face value, the value of the property 1,087
covered by the instrument less any payment necessary to receive 1,088
the property, is prima-facie evidence of the value of the 1,089
instrument. 1,090
(6) When the property involved is a ticket of admission, 1,092
ticket for transportation, coupon, token, or other instrument 1,093
entitling the holder or bearer to receive property or services, 1,094
the face value or, if there is no face value, the value of the 1,095
26
property or services that may be received thereby, BY THE 1,096
INSTRUMENT is prima-facie evidence of the value of the 1,098
instrument.
(7) When the services involved are gas, electricity, 1,100
water, telephone, transportation, shipping, or other services for 1,101
which the rate is established by law, the duly established rate 1,102
is prima-facie evidence of the value of the services. 1,103
(8) When the services involved are services for which the 1,105
rate is not established by law, and the offender has been 1,106
notified prior to the offense of the rate for the services, 1,107
either in writing, or orally, or by posting in a manner 1,108
reasonably calculated to come to the attention of potential 1,109
offenders, the rate contained in the notice is prima-facie 1,110
evidence of the value of the services. 1,111
Sec. 2917.21. (A) No person shall knowingly make or cause 1,120
to be made a telephone call TELECOMMUNICATION, or knowingly 1,121
permit a telephone call TELECOMMUNICATION to be made from a 1,123
telephone TELECOMMUNICATIONS DEVICE under the person's control, 1,124
to another, if the caller does any of the following: 1,125
(1) Fails to identify the caller to the recipient of the 1,127
telephone call TELECOMMUNICATION and makes the telephone call 1,129
TELECOMMUNICATION with purpose to harass, OR abuse, or annoy any 1,130
person at the premises to which the telephone call 1,131
TELECOMMUNICATION is made, whether or not conversation ACTUAL 1,133
COMMUNICATION takes place during the telephone call BETWEEN THE 1,134
CALLER AND A RECIPIENT;
(2) Describes, suggests, requests, or proposes that the 1,136
caller, THE recipient of the telephone call TELECOMMUNICATION, or 1,138
any other person engage in any sexual activity as defined in 1,139
division (C) of section 2907.01 of the Revised Code, and the 1,140
recipient of the telephone call, or another person at the 1,141
premises to which the telephone call TELECOMMUNICATION is made, 1,142
has requested, in a previous telephone mcll TELECOMMUNICATION or 1,144
in the immediate telephone call TELECOMMUNICATION, THAT the 1,145
27
caller not to make a telephone call TELECOMMUNICATION to the 1,146
recipient of the telephone call or to the premises to which the 1,148
telephone call TELECOMMUNICATION is made;
(3) During the telephone call TELECOMMUNICATION, violates 1,150
section 2903.21 of the Revised Code; 1,152
(4) Knowingly states to the recipient of the telephone 1,154
call TELECOMMUNICATION that the caller intends to cause damage to 1,155
or destroy public or private property, and the recipient of the 1,158
telephone call, any member of the RECIPIENT'S family of the 1,159
recipient of the telephone call, or any other person who resides 1,161
at the premises to which the telephone call TELECOMMUNICATION is 1,162
made owns, leases, resides, or works in, will at the time of the 1,164
destruction or damaging be near or in, has the responsibility of 1,165
protecting, or insures the property that will be destroyed or 1,166
damaged;
(5) Knowingly makes the telephone call TELECOMMUNICATION 1,168
to the recipient of the telephone call TELECOMMUNICATION, to 1,170
another person at the premises to which the telephone call 1,172
TELECOMMUNICATION is made, or to the THOSE premises to which the 1,173
telephone call is made, and the recipient of the telephone call, 1,174
or another person at the THOSE premises to which the telephone 1,176
call is made, previously has told the caller not to call the MAKE 1,177
A TELECOMMUNICATION TO THOSE premises to which the telephone call 1,179
is made or not to call any persons at the THOSE premises to which 1,181
the telephone call is made.
(B) No person shall make or cause to be made a telephone 1,183
call TELECOMMUNICATION, or permit a telephone call 1,184
TELECOMMUNICATION to be made from a telephone TELECOMMUNICATIONS 1,186
DEVICE under the person's control, with purpose to abuse, 1,187
threaten, annoy, or harass another person. 1,188
(C)(1) Whoever violates this section is guilty of 1,190
telephone TELECOMMUNICATIONS harassment. 1,191
(2) A violation of division (A)(1), (2), (3), or (5) or 1,193
(B) of this section is a misdemeanor of the first degree on a 1,194
28
first offense and a felony of the fifth degree on each subsequent 1,196
offense involving the same person, recipient, or premises. 1,197
(3) Except as otherwise provided in division (C)(3) of 1,199
this section, a violation of division (A)(4) of this section is a 1,200
misdemeanor of the first degree on a first offense and a felony 1,201
of the fifth degree on each subsequent offense. If a violation 1,202
of division (A)(4) of this section results in economic harm of 1,204
five hundred dollars or more but less than five thousand dollars, 1,205
telephone TELECOMMUNICATIONS harassment is a felony of the fifth 1,206
degree. If a violation of division (A)(4) of this section 1,207
results in economic harm of five thousand dollars or more but 1,208
less than one hundred thousand dollars, telephone 1,209
TELECOMMUNICATIONS harassment is a felony of the fourth degree. 1,210
If a violation of division (A)(4) of this section results in 1,211
economic harm of one hundred thousand dollars or more, telephone 1,212
TELECOMMUNICATIONS harassment is a felony of the third degree. 1,214
(D) NO CAUSE OF ACTION MAY BE ASSERTED IN ANY COURT OF 1,216
THIS STATE AGAINST ANY PROVIDER OF A TELECOMMUNICATIONS SERVICE 1,217
OR INFORMATION SERVICE, OR AGAINST ANY OFFICER, EMPLOYEE, OR 1,218
AGENT OF A TELECOMMUNICATION SERVICE OR INFORMATION SERVICE, FOR 1,219
ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY 1,220
ARISES OUT OF THE PROVIDER'S, OFFICER'S, EMPLOYEE'S, OR AGENT'S 1,221
PROVISION OF INFORMATION, FACILITIES, OR ASSISTANCE IN ACCORDANCE 1,223
WITH THE TERMS OF A COURT ORDER THAT IS ISSUED IN RELATION TO THE 1,224
INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION OF THIS 1,225
SECTION OR SECTION 4931.31 OF THE REVISED CODE. A PROVIDER OF A 1,226
TELECOMMUNICATIONS SERVICE OR INFORMATION SERVICE, OR AN OFFICER, 1,228
EMPLOYEE, OR AGENT OF A TELECOMMUNICATIONS SERVICE OR INFORMATION 1,229
SERVICE, IS IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY FOR 1,230
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY 1,231
ARISES OUT OF THE PROVIDER'S, OFFICER'S, EMPLOYEE'S, OR AGENT'S 1,232
PROVISION OF INFORMATION, FACILITIES, OR ASSISTANCE IN ACCORDANCE 1,233
WITH THE TERMS OF A COURT ORDER THAT IS ISSUED IN RELATION TO THE 1,234
INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION OF THIS 1,235
29
SECTION OR SECTION 4931.31 OF THE REVISED CODE. 1,236
(E) As used in this section,: 1,238
(1) "economic ECONOMIC harm" means all direct, incidental, 1,241
and consequential pecuniary harm suffered by a victim as a result 1,242
of criminal conduct. "Economic harm" includes, but is not 1,243
limited to, all of the following: 1,244
(1)(a) All wages, salaries, or other compensation lost as 1,246
a result of the criminal conduct; 1,248
(2)(b) The cost of all wages, salaries, or other 1,250
compensation paid to employees for time those employees are 1,252
prevented from working as a result of the criminal conduct; 1,253
(3)(c) The overhead costs incurred for the time that a 1,255
business is shut down as a result of the criminal conduct; 1,257
(4)(d) The loss of value to tangible or intangible 1,259
property that was damaged as a result of the criminal conduct. 1,261
(2) "CALLER" MEANS THE PERSON DESCRIBED IN DIVISION (A) OF 1,264
THIS SECTION WHO MAKES OR CAUSES TO BE MADE A TELECOMMUNICATION 1,265
OR WHO PERMITS A TELECOMMUNICATION TO BE MADE FROM A 1,266
TELECOMMUNICATIONS DEVICE UNDER THAT PERSON'S CONTROL. 1,267
(3) "TELECOMMUNICATION" AND "TELECOMMUNICATIONS DEVICE" 1,269
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 1,272
(4) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 1,274
2907.01 OF THE REVISED CODE. 1,276
(E)(F) Nothing in this section prohibits a person from 1,278
making a telephone call TELECOMMUNICATION to a debtor that is in 1,279
compliance with the "Fair Debt Collection Practices Act," 91 1,281
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone 1,282
Consumer Protection Act," 105 Stat. 2395 (1991), 47 U.S.C. 227, 1,283
as amended.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of 1,290
the Revised Code: 1,291
(A) "Beneficial interest" means any of the following: 1,293
(1) The interest of a person as a beneficiary under a 1,295
trust in which the trustee holds title to personal or real 1,296
30
property; 1,297
(2) The interest of a person as a beneficiary under any 1,299
other trust arrangement under which any other person holds title 1,300
to personal or real property for the benefit of such person; 1,301
(3) The interest of a person under any other form of 1,303
express fiduciary arrangement under which any other person holds 1,304
title to personal or real property for the benefit of such 1,305
person.
"Beneficial interest" does not include the interest of a 1,307
stockholder in a corporation or the interest of a partner in 1,308
either a general or limited partnership. 1,309
(B) "Costs of investigation and prosecution" and "costs of 1,311
investigation and litigation" mean all of the costs incurred by 1,312
the state or a county or municipal corporation under sections 1,313
2923.31 to 2923.36 of the Revised Code in the prosecution and 1,314
investigation of any criminal action or in the litigation and 1,315
investigation of any civil action, and includes, but is not 1,316
limited to, the costs of resources and personnel. 1,317
(C) "Enterprise" includes any individual, sole 1,319
proprietorship, partnership, limited partnership, corporation, 1,320
trust, union, government agency, or other legal entity, or any 1,321
organization, association, or group of persons associated in fact 1,322
although not a legal entity. "Enterprise" includes illicit as 1,323
well as licit enterprises. 1,324
(D) "Innocent person" includes any bona fide purchaser of 1,326
property that is allegedly involved in a violation of section 1,327
2923.32 of the Revised Code, including any person who establishes 1,328
a valid claim to or interest in the property in accordance with 1,329
division (E) of section 2923.32 of the Revised Code, and any 1,330
victim of an alleged violation of that section or of any 1,331
underlying offense involved in an alleged violation of that 1,332
section. 1,333
(E) "Pattern of corrupt activity" means two or more 1,335
incidents of corrupt activity, whether or not there has been a 1,336
31
prior conviction, that are related to the affairs of the same 1,337
enterprise, are not isolated, and are not so closely related to 1,338
each other and connected in time and place that they constitute a 1,339
single event. 1,340
At least one of the incidents forming the pattern shall 1,342
occur on or after January 1, 1986. Unless any incident was an 1,343
aggravated murder or murder, the last of the incidents forming 1,344
the pattern shall occur within six years after the commission of 1,345
any prior incident forming the pattern, excluding any period of 1,346
imprisonment served by any person engaging in the corrupt 1,347
activity. 1,348
For the purposes of the criminal penalties that may be 1,350
imposed pursuant to section 2923.32 of the Revised Code, at least 1,351
one of the incidents forming the pattern shall constitute a 1,352
felony under the laws of this state in existence at the time it 1,353
was committed or, if committed in violation of the laws of the 1,355
United States or of any other state, shall constitute a felony 1,356
under the law of the United States or the other state and would 1,357
be a criminal offense under the law of this state if committed in 1,358
this state.
(F) "Pecuniary value" means money, a negotiable 1,360
instrument, a commercial interest, or anything of value, as 1,361
defined in section 1.03 of the Revised Code, or any other 1,362
property or service that has a value in excess of one hundred 1,363
dollars. 1,364
(G) "Person" means any person, as defined in section 1.59 1,366
of the Revised Code, and any governmental officer, employee, or 1,367
entity. 1,368
(H) "Personal property" means any personal property, any 1,370
interest in personal property, or any right, including, but not 1,371
limited to, bank accounts, debts, corporate stocks, patents, or 1,372
copyrights. Personal property and any beneficial interest in 1,373
personal property are deemed to be located where the trustee of 1,374
the property, the personal property, or the instrument evidencing 1,375
32
the right is located. 1,376
(I) "Corrupt activity" means engaging in, attempting to 1,378
engage in, conspiring to engage in, or soliciting, coercing, or 1,379
intimidating another person to engage in any of the following: 1,380
(1) Conduct defined as "racketeering activity" under the 1,382
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1,383
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; 1,384
(2) Conduct constituting any of the following: 1,386
(a) A violation of section 1315.55, 1322.02, 2903.01, 1,388
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 1,389
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 1,390
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 1,391
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, 1,394
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division 1,395
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) 1,396
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of 1,397
section 1707.44; division (A)(1) or (2) of section 2923.20; 1,398
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or 1,399
4719.06; division (C), (D), or (E) of section 4719.07; section 1,400
4719.08; or division (A) of section 4719.09 of the Revised Code. 1,401
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 1,403
3769.19 of the Revised Code as it existed prior to July 1, 1996, 1,404
any violation of section 2915.02 of the Revised Code that occurs 1,405
on or after July 1, 1996, and that, had it occurred prior to that 1,406
date, would have been a violation of section 3769.11 of the 1,407
Revised Code as it existed prior to that date, or any violation 1,408
of section 2915.05 of the Revised Code that occurs on or after 1,409
July 1, 1996, and that, had it occurred prior to that date, would 1,410
have been a violation of section 3769.15, 3769.16, or 3769.19 of 1,411
the Revised Code as it existed prior to that date. 1,412
(c) Any violation of section 2907.21, 2907.22, 2907.31, 1,414
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 1,415
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 1,416
of the Revised Code, any violation of section 2925.11 of the 1,417
33
Revised Code that is a felony of the first, second, third, or 1,418
fourth degree and that occurs on or after July 1, 1996, any 1,419
violation of section 2915.02 of the Revised Code that occurred 1,420
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had 1,421
it occurred prior to that date, would not have been a violation 1,423
of section 3769.11 of the Revised Code as it existed prior to 1,424
that date, any violation of section 2915.06 of the Revised Code
as it existed prior to July 1, 1996, or any violation of division 1,426
(B) of section 2915.05 of the Revised Code as it exists on and 1,427
after July 1, 1996, when the proceeds of the violation, the
payments made in the violation, the amount of a claim for payment 1,428
or for any other benefit that is false or deceptive and that is 1,429
involved in the violation, or the value of the contraband or 1,430
other property illegally possessed, sold, or purchased in the 1,431
violation exceeds five hundred dollars, or any combination of 1,432
violations described in division (I)(2)(c) of this section when 1,433
the total proceeds of the combination of violations, payments 1,434
made in the combination of violations, amount of the claims for 1,435
payment or for other benefits that is false or deceptive and that 1,436
is involved in the combination of violations, or value of the 1,437
contraband or other property illegally possessed, sold, or 1,438
purchased in the combination of violations exceeds five hundred 1,439
dollars;
(d) Any violation of section 5743.112 of the Revised Code 1,441
when the amount of unpaid tax exceeds one hundred dollars; 1,442
(e) Any violation or combination of violations of section 1,444
2907.32 of the Revised Code involving any material or performance 1,445
containing a display of bestiality or of sexual conduct, as 1,446
defined in section 2907.01 of the Revised Code, that is explicit 1,447
and depicted with clearly visible penetration of the genitals or 1,448
clearly visible penetration by the penis of any orifice when the 1,449
total proceeds of the violation or combination of violations, the 1,450
payments made in the violation or combination of violations, or 1,451
34
the value of the contraband or other property illegally 1,452
possessed, sold, or purchased in the violation or combination of 1,453
violations exceeds five hundred dollars; 1,454
(f) Any combination of violations described in division 1,456
(I)(2)(c) of this section and violations of section 2907.32 of 1,458
the Revised Code involving any material or performance containing 1,459
a display of bestiality or of sexual conduct, as defined in 1,460
section 2907.01 of the Revised Code, that is explicit and 1,461
depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the 1,462
total proceeds of the combination of violations, payments made in 1,463
the combination of violations, amount of the claims for payment 1,464
or for other benefits that is false or deceptive and that is 1,465
involved in the combination of violations, or value of the 1,466
contraband or other property illegally possessed, sold, or 1,467
purchased in the combination of violations exceeds five hundred 1,468
dollars. 1,469
(3) Conduct constituting a violation of any law of any 1,471
state other than this state that is substantially similar to the 1,472
conduct described in division (I)(2) of this section, provided 1,473
the defendant was convicted of the conduct in a criminal 1,474
proceeding in the other state. 1,475
(J) "Real property" means any real property or any 1,477
interest in real property, including, but not limited to, any 1,478
lease of, or mortgage upon, real property. Real property and any 1,479
beneficial interest in it is deemed to be located where the real 1,480
property is located. 1,481
(K) "Trustee" means any of the following: 1,483
(1) Any person acting as trustee under a trust in which 1,485
the trustee holds title to personal or real property; 1,486
(2) Any person who holds title to personal or real 1,488
property for which any other person has a beneficial interest; 1,489
(3) Any successor trustee. 1,491
"Trustee" does not include an assignee or trustee for an 1,493
35
insolvent debtor or an executor, administrator, administrator 1,494
with the will annexed, testamentary trustee, guardian, or 1,495
committee, appointed by, under the control of, or accountable to 1,497
a court.
(L) "Unlawful debt" means any money or other thing of 1,499
value constituting principal or interest of a debt that is 1,500
legally unenforceable in this state in whole or in part because 1,501
the debt was incurred or contracted in violation of any federal 1,502
or state law relating to the business of gambling activity or 1,503
relating to the business of lending money at an usurious rate 1,504
unless the creditor proves, by a preponderance of the evidence, 1,505
that the usurious rate was not intentionally set and that it 1,506
resulted from a good faith error by the creditor, notwithstanding 1,507
the maintenance of procedures that were adopted by the creditor 1,508
to avoid an error of that nature. 1,509
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of 1,523
the Revised Code:
(A) "Wire communication" means an aural transfer that is 1,525
made in whole or in part through the use of facilities for the 1,526
transmission of communications by the aid of wires or similar 1,527
methods of connecting the point of origin of the communication 1,528
and the point of reception of the communication, including the 1,529
use of a method of connecting the point of origin and the point 1,530
of reception of the communication in a switching station, if the 1,531
facilities are furnished or operated by a person engaged in 1,532
providing or operating the facilities for the transmission of 1,533
communications. "Wire communication" includes an electronic
storage of a wire communication. 1,534
(B) "Oral communication" means an oral communication 1,537
uttered by a person exhibiting an expectation that the
communication is not subject to interception under circumstances 1,538
justifying that expectation. "Oral communication" does not 1,539
include an electronic communication. 1,540
(C) "Intercept" means the aural or other acquisition of 1,542
36
the contents of any wire, oral, or electronic communication 1,544
through the use of an interception device.
(D) "Interception device" means an electronic, mechanical, 1,547
or other device or apparatus that can be used to intercept a 1,548
wire, oral, or electronic communication. "Interception device"
does not mean any of the following: 1,549
(1) A telephone or telegraph instrument, equipment, or 1,551
facility, or any of its components, if the instrument, equipment, 1,552
facility, or component is any of the following: 1,553
(a) Furnished to the subscriber or user by a provider of 1,556
wire or electronic communication service in the ordinary course 1,557
of its business and being used by the subscriber or user in the 1,558
ordinary course of its business; 1,559
(b) Furnished by a subscriber or user for connection to 1,562
the facilities of a provider of wire or electronic communication 1,563
service and used in the ordinary course of that subscriber's or 1,565
user's business;
(c) Being used by a provider of wire or electronic 1,568
communication service in the ordinary course of its business or 1,569
by an investigative or law enforcement officer in the ordinary 1,570
course of the officer's duties that do not involve the 1,571
interception of wire, oral, or electronic communications. 1,572
(2) A hearing aid or similar device being used to correct 1,574
subnormal hearing to not better than normal. 1,575
(E) "Investigative officer" means any of the following: 1,577
(1) An officer of this state or a political subdivision of 1,580
this state, who is empowered by law to conduct investigations or 1,582
to make arrests for a designated offense; 1,583
(2) A person described in divisions (A)(11)(a) and (b) of 1,585
section 2901.01 of the Revised Code; 1,586
(3) An attorney authorized by law to prosecute or 1,588
participate in the prosecution of a designated offense; 1,589
(4) A secret service officer appointed pursuant to section 1,592
309.07 of the Revised Code;
37
(5) An officer of the United States, a state, or a 1,594
political subdivision of a state who is authorized to conduct 1,595
investigations pursuant to the "Electronic Communications Privacy 1,596
Act of 1986," 100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as 1,597
amended.
(F) "Interception warrant" means a court order that 1,599
authorizes the interception of wire, oral, or electronic 1,601
communications and that is issued pursuant to sections 2933.53 to 1,602
2933.56 of the Revised Code. 1,603
(G) "Contents," when used with respect to a wire, oral, or 1,606
electronic communication, includes any information concerning the 1,607
substance, purport, or meaning of the communication. 1,608
(H) "Communications common carrier" means a person who is 1,611
engaged as a common carrier for hire in intrastate, interstate, 1,612
or foreign communications by wire, radio, or radio transmission 1,613
of energy. "Communications common carrier" does not include, to 1,614
the extent that the person is engaged in radio broadcasting, a 1,615
person engaged in radio broadcasting.
(I) "Designated offense" means any of the following: 1,617
(1) A felony violation of section 1315.53, 1315.55, 1,619
2903.01, 2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 1,620
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2911.01, 1,621
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, 1,622
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, 1,624
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 1,625
2925.06 or of division (B) of section 2915.05 of the Revised 1,626
Code;
(2) A violation of section 2919.23 of the Revised Code 1,628
that, had it occurred prior to the effective date of this 1,629
amendment JULY 1, 1996, would have been a violation of section 1,631
2905.04 of the Revised Code as it existed prior to that date; 1,632
(3) A felony violation of section 2925.11 of the Revised 1,634
Code that is not a minor drug possession offense, as defined in 1,635
section 2925.01 of the Revised Code; 1,636
38
(4) Complicity in the commission of a felony violation of 1,639
a section listed in division (I)(1), (2), or (3) of this section;
(5) An attempt to commit, or conspiracy in the commission 1,642
of, a felony violation of a section listed in division (I)(1), 1,644
(2), or (3) of this section, if the attempt or conspiracy is 1,645
punishable by a term of imprisonment of more than one year. 1,646
(J) "Aggrieved person" means a person who was a party to 1,648
an intercepted wire, oral, or electronic communication or a 1,650
person against whom the interception of the communication was 1,651
directed.
(K) "Person" means a person, as defined in section 1.59 of 1,653
the Revised Code, or a governmental officer, employee, or entity. 1,654
(L) "Special need" means a showing that a licensed 1,656
physician, licensed practicing psychologist, attorney, practicing 1,657
clergyman CLERIC, journalist, or either spouse is personally 1,658
engaging in continuing criminal activity, was engaged in 1,659
continuing criminal activity over a period of time, or is 1,660
committing, has committed, or is about to commit, a designated 1,661
offense, or a showing that specified public facilities are being 1,662
regularly used by someone who is personally engaging in 1,663
continuing criminal activity, was engaged in continuing criminal 1,664
activity over a period of time, or is committing, has committed, 1,665
or is about to commit, a designated offense. 1,666
(M) "Journalist" means a person engaged in, connected 1,668
with, or employed by, any news media, including a newspaper, 1,669
magazine, press association, news agency, or wire service, a 1,672
radio or television station, or a similar media, for the purpose
of gathering, processing, transmitting, compiling, editing, or 1,674
disseminating news for the general public.
(N) "Electronic communication" means a transfer of a sign, 1,678
signal, writing, image, sound, datum, or intelligence of any 1,679
nature that is transmitted in whole or in part by a wire, radio, 1,680
electromagnetic, photoelectronic, or photo-optical system. 1,681
"Electronic communication" does not mean any of the following: 1,682
39
(1) A wire or oral communication; 1,684
(2) A communication made through a tone-only paging 1,686
device; 1,687
(3) A communication from an electronic or mechanical 1,689
tracking device that permits the tracking of the movement of a 1,690
person or object. 1,691
(O) "User" means a person or entity that uses an 1,694
electronic communication service and is duly authorized by the 1,695
provider of the service to engage in the use of the electronic 1,696
communication service.
(P) "Electronic communications system" means a wire, 1,699
radio, electromagnetic, photoelectronic, or photo-optical 1,700
facility for the transmission of electronic communications, and a 1,701
computer facility or related electronic equipment for the 1,702
electronic storage of electronic communications. 1,703
(Q) "Electronic communication service" means a service 1,706
that provides to users of the service the ability to send or 1,707
receive wire or electronic communications. 1,708
(R) "Readily accessible to the general public" means, with 1,711
respect to a radio communication, that the communication is none 1,712
of the following:
(1) Scrambled or encrypted; 1,714
(2) Transmitted using a modulation technique, the 1,716
essential parameters of which have been withheld from the public 1,717
with the intention of preserving the privacy of the 1,718
communication; 1,719
(3) Carried on a subcarrier or other signal subsidiary to 1,722
a radio transmission;
(4) Transmitted over a communications system provided by a 1,725
communications common carrier, unless the communication is a
tone-only paging system communication; 1,726
(5) Transmitted on a frequency allocated under part 25, 1,729
subpart D, E, or F of part 74, or part 94 of the Rules of the 1,730
Federal Communications Commission, as those provisions existed on 1,732
40
the effective date of this amendment JULY 1, 1996, unless, in the 1,733
case of a communication transmitted on a frequency allocated 1,734
under part 74 that is not exclusively allocated to broadcast 1,735
auxiliary services, the communication is a two-way voice 1,736
communication by radio. 1,737
(S) "Electronic storage" means a temporary, intermediate 1,740
storage of a wire or electronic communication that is incidental 1,741
to the electronic transmission of the communication, and a 1,742
storage of a wire or electronic communication by an electronic 1,743
communication service for the purpose of backup protection of the 1,744
communication.
(T) "Aural transfer" means a transfer containing the human 1,747
voice at a point between and including the point of origin and 1,748
the point of reception.
(U) "Pen register" means a device that records or decodes 1,750
electronic impulses that identify the numbers dialed, pulsed, or 1,751
otherwise transmitted on telephone lines to which the device is 1,752
attached.
(V) "Trap and trace device" means a device or apparatus 1,755
that connects to a telephone or telegraph instrument, equipment, 1,756
or facility and determines the origin of a wire communication to 1,757
a telephone or telegraph instrument, equipment, or facility but 1,758
does not intercept the contents of CAPTURES THE INCOMING 1,759
ELECTRONIC OR OTHER IMPULSES THAT IDENTIFY THE ORIGINATING NUMBER
OF AN INSTRUMENT OR DEVICE FROM WHICH a wire communication OR 1,761
ELECTRONIC COMMUNICATION WAS TRANSMITTED BUT THAT DOES NOT
INTERCEPT THE CONTENTS OF THE WIRE COMMUNICATION OR ELECTRONIC 1,762
COMMUNICATION. 1,763
(W) "Judge of a court of common pleas" means a judge of 1,765
that court who is elected or appointed as a judge of general 1,766
jurisdiction or as a judge who exercises both general 1,767
jurisdiction and probate, domestic relations, or juvenile 1,768
jurisdiction. "Judge of a court of common pleas" does not mean a
judge of that court who is elected or appointed specifically as a 1,769
41
probate, domestic relations, or juvenile judge. 1,770
Sec. 2933.76. (A) As used in this section and section 1,779
2933.77 of the Revised Code, "electronic communication," 1,780
"electronic communication service," "INVESTIGATIVE OFFICER," 1,781
"JUDGE OF A COURT OF COMMON PLEAS," "pen register," "trap and 1,783
trace device," and "wire communication" have the same meanings as 1,784
in section 2933.51 of the Revised Code.
(B) A judge of a court of common pleas, in accordance with 1,787
this section, may issue an order authorizing or approving the
installation and use, within the jurisdiction of the court, of a 1,788
pen register or a trap and trace device to obtain information in 1,789
connection with a criminal investigation. 1,790
(C) A law enforcement officer OR INVESTIGATIVE OFFICER may 1,792
make an application to a judge of a court of common pleas for an 1,794
order authorizing the installation and use, within the 1,795
jurisdiction of the court, of a pen register or a trap and trace 1,796
device to obtain information in connection with a criminal
investigation. The application shall be in writing and shall be 1,797
under oath or affirmation. Each application shall contain all of 1,798
the following:
(1) The name of the law enforcement officer OR 1,800
INVESTIGATIVE OFFICER making the application and the name of the 1,802
investigative or law enforcement agency conducting the criminal
investigation to which the application relates; 1,804
(2) The name, if known, of the person to whom the 1,806
telephone or other line to which the pen register or trap and 1,807
trace device is to be attached is leased or in whose name that 1,808
telephone or other line is listed;
(3) The name, if known, of the person who is the subject 1,810
of the criminal investigation to which the application relates; 1,811
(4) The number and, if known, the physical location of the 1,813
telephone or other line to which the pen register or the trap and 1,814
trace device is to be attached; 1,815
(5) A statement of the offense to which the information 1,817
42
that is likely to be obtained by the installation and use of the 1,818
pen register or trap and trace device relates; 1,819
(6) A certification by the law enforcement officer OR 1,821
INVESTIGATIVE OFFICER making the application that the information 1,822
that is likely to be obtained by the installation and use of the 1,824
pen register or trap and trace device is relevant to an ongoing
criminal investigation being conducted by the investigative or 1,825
law enforcement agency identified under division (C)(1) of this 1,827
section.
(D)(1) The judge to whom an application is made under 1,829
division (C) of this section shall issue and enter an order 1,830
authorizing the installation and use of a pen register or a trap 1,831
and trace device if the judge finds that the information relating 1,832
to an offense that is likely to be obtained by the installation 1,833
and use of the pen register or trap and trace device is relevant 1,834
to an ongoing criminal investigation being conducted by the
investigative or law enforcement agency identified under division 1,835
(C)(1) of this section. In the order, the judge shall specify a 1,837
finding with respect to each of the items required by divisions 1,838
(C)(1) to (6) of this section to be included in the application. 1,839
(2) If the law enforcement officer OR INVESTIGATIVE 1,841
OFFICER so requests, the order shall direct the appropriate 1,844
provider of wire or electronic communication service, landlord,
custodian, or other person to furnish the law enforcement officer 1,845
OR INVESTIGATIVE OFFICER with all information, facilities, and 1,847
technical assistance necessary to accomplish the installation and 1,848
operation of a pen register or trap and trace device
unobtrusively and with a minimum of interference of service to 1,849
the person with respect to whom the installation and operation 1,850
are to take place. The order further shall direct the person who 1,851
owns or leases the telephone or other line to which the pen 1,852
register or trap and trace device is to be attached, or the
provider of wire or electronic communication service, landlord, 1,853
custodian, or other person who is ordered under division (D)(2) 1,854
43
of this section to provide information, facilities, or technical 1,855
assistance, not to disclose the existence of the criminal 1,856
investigation or of the installation and use of the pen register 1,857
or trap and trace device to the listed subscriber of the
telephone or other line or to another person unless or until 1,858
otherwise ordered by the court. IF THE ORDER PERTAINS TO A TRAP 1,859
AND TRACE DEVICE, THE ORDER MAY REQUIRE THE APPROPRIATE PROVIDER 1,860
OF WIRE OR ELECTRONIC COMMUNICATION SERVICE TO INSTALL AND 1,861
OPERATE THE DEVICE. The order shall be sealed until otherwise 1,862
ordered by the court.
(E) An order issued pursuant to division (D) of this 1,864
section shall authorize the installation and use of a pen 1,865
register or a trap and trace device for a period not to exceed 1,866
sixty days. The court may grant an extension of the sixty-day 1,867
period upon application for an order in accordance with division 1,868
(C) of this section and upon the judicial findings required by 1,869
division (D)(1) of this section. An extension of an order issued 1,870
under this division shall be in effect for a period not to exceed 1,871
sixty days. The court may order further extensions of the
sixty-day extended period upon compliance with this division. 1,872
(F) A good faith reliance on a court order issued under 1,874
this section, a legislative authorization, or a statutory 1,875
authorization is a complete defense against any claim in a civil 1,876
action or any charge in a criminal action alleging a violation of 1,877
the requirements of this section or section 2933.77 of the 1,878
Revised Code.
Sec. 2933.77. (A) If an order issued under section 1,887
2933.76 of the Revised Code authorizing the installation and use 1,888
of a pen register or a trap and trace device directs a provider 1,890
of wire or electronic communication service, landlord, custodian, 1,891
or other person to furnish information, facilities, and technical 1,892
assistance to accomplish the installation and operation of the
pen register or trap and trace device, that provider, landlord, 1,893
custodian, or other person, in accordance with the order, shall 1,894
44
furnish the law enforcement officer OR INVESTIGATIVE OFFICER with 1,895
all information, facilities, and technical assistance necessary 1,896
to accomplish the installation and operation of the pen register 1,897
or trap and trace device unobtrusively and with a minimum of 1,898
interference with the service accorded by the provider, landlord, 1,899
custodian, or other person to the person with respect to whom the 1,900
installation and operation are to take place. IF AN ORDER ISSUED 1,901
UNDER THAT SECTION REQUIRES A PROVIDER OF WIRE OR ELECTRONIC
COMMUNICATION SERVICE TO INSTALL AND OPERATE A TRAP AND TRACE 1,902
DEVICE, THE PROVIDER, IN ACCORDANCE WITH THE ORDER, SHALL INSTALL 1,903
AND OPERATE THE DEVICE. 1,904
(B) The investigative or law enforcement agency conducting 1,906
the criminal investigation to which the order issued under 1,908
section 2933.76 of the Revised Code for the installation and use 1,909
of a pen register or a trap and trace device relates shall 1,910
provide reasonable compensation to a provider of wire or
electronic communication service, landlord, custodian, or other 1,911
person who furnishes facilities or technical assistance in 1,912
accordance with the order for any reasonable expenses the 1,913
provider, landlord, custodian, or other person incurs in 1,914
furnishing the facilities or technical assistance.
(C) A provider of wire or electronic communication 1,916
service, an officer, employee, or agent of that provider, or a 1,917
landlord, custodian, or other specified person is immune from 1,918
civil or criminal liability in any action that arises from the 1,919
provision of information, facilities, or technical assistance in 1,920
accordance with the terms of an order of a court issued under
section 2933.76 of the Revised Code. 1,921
Sec. 2950.01. As used in this chapter, unless the context 1,930
clearly requires otherwise: 1,931
(A) "Confinement" includes, but is not limited to, a 1,933
community residential sanction imposed pursuant to section 1,934
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who is 1,937
45
convicted of or pleads guilty to a sexually oriented offense and 1,938
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 1,939
(C) "Prosecutor" has the same meaning as in section 1,942
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 1,944
offenses: 1,945
(1) Regardless of the age of the victim of the offense, a 1,947
violation of section 2907.02, 2907.03, OR 2907.05, or 2907.12 of 1,948
the Revised Code; 1,949
(2) Any of the following offenses involving a minor, in 1,951
the circumstances specified: 1,952
(a) A violation of section 2905.01, 2905.02, 2905.03, 1,955
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 1,956
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 1,959
when the person who is compelled, induced, procured, encouraged, 1,960
solicited, requested, or facilitated to engage in, paid or agreed 1,961
to be paid for, or allowed to engage in the sexual activity in 1,962
question is under eighteen years of age; 1,963
(c) A violation of division (A)(1) or (3) of section 1,965
2907.321 or 2907.322 of the Revised Code; 1,967
(d) A violation of division (A)(1) or (2) of section 1,969
2907.323 of the Revised Code; 1,970
(e) A violation of division (B)(5) of section 2919.22 of 1,973
the Revised Code when the child who is involved in the offense is 1,974
under eighteen years of age. 1,975
(3) Regardless of the age of the victim of the offense, a 1,977
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 1,978
Revised Code, or of division (A) of section 2903.04 of the 1,980
Revised Code, that is committed with a purpose to gratify the 1,982
sexual needs or desires of the offender;
(4) A sexually violent offense; 1,984
(5) A violation of any former law of this state that was 1,986
46
substantially equivalent to any offense listed in division 1,987
(D)(1), (2), (3), or (4) of this section; 1,988
(6) A violation of an existing or former municipal 1,990
ordinance or law of another state or the United States, or a 1,992
violation under the law applicable in a military court, OR A 1,993
VIOLATION UNDER THE LAW APPLICABLE IN AN INDIAN TRIBAL COURT that 1,994
is or was substantially equivalent to any offense listed in 1,996
division (D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 1,998
complicity in committing any offense listed in division (D)(1), 1,999
(2), (3), (4), (5), or (6) of this section. 2,000
(E) "Sexual predator" means a person who has been 2,003
convicted of or pleaded guilty to committing a sexually oriented 2,004
offense and is likely to engage in the future in one or more
sexually oriented offenses. 2,005
(F) "Supervised release" means a release from a prison 2,007
term, a term of imprisonment, or another type of confinement that 2,009
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 2,011
probation, under transitional control, or under a post-release 2,012
control sanction, and it requires the person to report to or be 2,013
supervised by a parole officer, probation officer, field officer, 2,014
or another type of supervising officer.
(2) The release is any type of release that is not 2,016
described in division (F)(1) of this section and that requires 2,017
the person to report to or be supervised by a probation officer, 2,018
a parole officer, a field officer, or another type of supervising 2,019
officer.
(G) An offender is "adjudicated as being a sexual 2,021
predator" if any of the following applies: 2,022
(1) The offender is convicted of or pleads guilty to 2,024
committing, on or after the effective date of this section 2,025
JANUARY 1, 1997, a sexually oriented offense that is a sexually 2,027
violent offense and also is convicted of or pleads guilty to a 2,028
47
sexually violent predator specification that was included in the 2,029
indictment, count in the indictment, or information that charged 2,030
the sexually violent offense. 2,031
(2) Regardless of when the sexually oriented offense was 2,033
committed, on or after the effective date of this section, the 2,034
offender is sentenced for a sexually oriented offense, and the 2,035
sentencing judge determines pursuant to division (B) of section 2,037
2950.09 of the Revised Code that the offender is a sexual 2,038
predator.
(3) Prior to the effective date of this section JANUARY 1, 2,041
1997, the offender was convicted of or pleaded guilty to, and was 2,042
sentenced for, a sexually oriented offense, the offender is 2,043
imprisoned in a state correctional institution on or after the 2,044
effective date of this section JANUARY 1, 1997, and, prior to the 2,046
offender's release from imprisonment, the court determines 2,047
pursuant to division (C) of section 2950.09 of the Revised Code 2,048
that the offender is a sexual predator. 2,049
(4) REGARDLESS OF WHEN THE SEXUALLY ORIENTED OFFENSE WAS 2,051
COMMITTED, THE OFFENDER IS CONVICTED OF OR PLEADS GUILTY TO, OR 2,052
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO, A SEXUALLY ORIENTED 2,053
OFFENSE IN ANOTHER STATE OR IN A FEDERAL COURT, MILITARY COURT, 2,054
OR AN INDIAN TRIBAL COURT, AS A RESULT OF THAT CONVICTION OR PLEA 2,055
OF GUILTY, THE OFFENDER IS REQUIRED, UNDER THE LAW OF THE 2,056
JURISDICTION IN WHICH THE OFFENDER WAS CONVICTED OR PLEADED 2,057
GUILTY, TO REGISTER AS A SEX OFFENDER UNTIL THE OFFENDER'S DEATH 2,058
AND TO VERIFY THE OFFENDER'S ADDRESS ON AT LEAST A QUARTERLY
BASIS EACH YEAR, AND, ON OR AFTER JULY 1, 1997, THE OFFENDER 2,059
MOVES TO AND RESIDES IN THIS STATE OR TEMPORARILY IS DOMICILED IN 2,060
THIS STATE FOR MORE THAN SEVEN DAYS, UNLESS A COURT OF COMMON 2,061
PLEAS DETERMINES THAT THE OFFENDER IS NOT A SEXUAL PREDATOR 2,062
PURSUANT TO DIVISION (F) OF SECTION 2950.09 OF THE REVISED CODE. 2,063
(H) "Sexually violent predator specification" and 2,065
"sexually violent offense" have the same meanings as in section 2,067
2971.01 of the Revised Code.
48
(I) "Post-release control sanction" and "transitional 2,069
control" have the same meanings as in section 2967.01 of the 2,070
Revised Code.
Sec. 2950.04. (A) Each offender who is convicted of or 2,080
pleads guilty to, or has been convicted of or pleaded guilty to, 2,081
a sexually oriented offense and who is described in division 2,082
(A)(1), (2), or (3) of this section shall register WITH THE 2,083
SHERIFF OF THE FOLLOWING APPLICABLE DESCRIBED COUNTY AND at the 2,084
following time and with the following official: 2,085
(1) Regardless of when the sexually oriented offense was 2,087
committed, if the offender is sentenced for the sexually oriented 2,088
offense to a prison term, a term of imprisonment, or any other 2,089
type of confinement and if, on or after the effective date of 2,090
this section JULY 1, 1997, the offender is released in any manner 2,092
from the prison term, term of imprisonment, or confinement, 2,093
within seven days of the offender's coming into any county in 2,094
which the offender resides or temporarily is domiciled for more 2,095
than seven days, the offender shall register with the sheriff of 2,096
that county.
(2) Regardless of when the sexually oriented offense was 2,098
committed, if the offender is sentenced for a sexually oriented 2,099
offense on or after the effective date of this section JULY 1, 2,100
1997, and if division (A)(1) of this section does not apply, 2,102
within seven days of the offender's coming into any county in 2,103
which the offender resides or temporarily is domiciled for more 2,104
than seven days, the offender shall register with the sheriff of 2,105
that county.
(3) If the sexually oriented offense was committed prior 2,107
to the effective date of this section JULY 1, 1997, if neither 2,109
division (A)(1) nor division (A)(2) of this section applies, and 2,111
if, immediately prior to the effective date of this section JULY 2,112
1, 1997, the offender was a habitual sex offender who was 2,113
required to register under Chapter 2950. of the Revised Code, 2,114
within seven days of the offender's coming into any county in 2,115
49
which the offender resides or temporarily is domiciled for more 2,116
than seven days, the offender shall register with the sheriff of 2,117
that county. 2,118
(4) REGARDLESS OF WHEN THE SEXUALLY ORIENTED OFFENSE WAS 2,120
COMMITTED, IF DIVISIONS (A)(1), (2), AND (3) OF THIS SECTION DO 2,122
NOT APPLY, IF THE OFFENDER IS CONVICTED OF OR PLEADS GUILTY TO A 2,123
SEXUALLY ORIENTED OFFENSE IN ANOTHER STATE OR IN A FEDERAL COURT,
MILITARY COURT, OR AN INDIAN TRIBAL COURT, IF, ON OR AFTER JULY 2,125
1, 1997, THE OFFENDER MOVES TO AND RESIDES IN THIS STATE OR
TEMPORARILY IS DOMICILED IN THIS STATE FOR MORE THAN SEVEN DAYS, 2,126
AND IF, AT THE TIME THE OFFENDER MOVES TO AND RESIDES IN THIS 2,127
STATE OR TEMPORARILY IS DOMICILED IN THIS STATE FOR MORE THAN 2,128
SEVEN DAYS, THE OFFENDER HAS A DUTY TO REGISTER AS A SEX OFFENDER 2,130
UNDER THE LAW OF THAT OTHER JURISDICTION AS A RESULT OF THE
CONVICTION OR GUILTY PLEA, WITHIN SEVEN DAYS OF THE OFFENDER'S 2,132
COMING INTO ANY COUNTY IN WHICH THE OFFENDER RESIDES OR
TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN DAYS, THE OFFENDER 2,133
SHALL REGISTER WITH THE SHERIFF OF THAT COUNTY. 2,134
(5) REGARDLESS OF WHEN THE SEXUALLY ORIENTED OFFENSE WAS 2,136
COMMITTED, IF DIVISIONS (A)(1), (2), AND (3) OF THIS SECTION DO 2,137
NOT APPLY, IF THE OFFENDER IS CONVICTED OF OR PLEADS GUILTY TO A 2,138
SEXUALLY ORIENTED OFFENSE IN ANOTHER STATE OR IN A FEDERAL COURT, 2,139
MILITARY COURT, OR AN INDIAN TRIBAL COURT, IF, ON OR AFTER JULY 2,140
1, 1997, THE OFFENDER IS RELEASED FROM IMPRISONMENT OR 2,141
CONFINEMENT IMPOSED FOR THAT OFFENSE, AND IF, ON OR AFTER JULY 1, 2,143
1997, THE OFFENDER MOVES TO AND RESIDES IN THIS STATE OR 2,144
TEMPORARILY IS DOMICILED IN THIS STATE FOR MORE THAN SEVEN DAYS, 2,145
WITHIN SEVEN DAYS OF THE OFFENDER'S COMING INTO ANY COUNTY IN 2,147
WHICH THE OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE 2,148
THAN SEVEN DAYS THE OFFENDER SHALL REGISTER WITH THE SHERIFF OF 2,149
THAT COUNTY. THE DUTY TO REGISTER AS DESCRIBED IN THIS DIVISION 2,150
APPLIES REGARDLESS OF WHETHER THE OFFENDER, AT THE TIME OF MOVING 2,152
TO AND RESIDING IN THIS STATE OR TEMPORARILY BEING DOMICILED IN 2,153
THIS STATE FOR MORE THAN SEVEN DAYS, HAS A DUTY TO REGISTER AS A 2,154
50
SEX OFFENDER UNDER THE LAW OF THE JURISDICTION IN WHICH THE 2,155
CONVICTION OR GUILTY PLEA OCCURRED.
(B) An offender who is required by division (A) of this 2,157
section to register personally shall obtain from the sheriff or 2,158
from a designee of the sheriff a registration form that conforms 2,159
to division (C) of this section, shall complete and sign the 2,161
form, and shall return the completed form together with the
offender's photograph to the sheriff or the designee. The 2,162
sheriff or designee shall sign the form and indicate on the form 2,163
the date on which it is so returned. The registration required 2,164
under this division is complete when the offender returns the 2,165
form, containing the requisite information, photograph,
signatures, and date, to the sheriff or designee. 2,166
(C) The registration form to be used under divisions (A) 2,169
and (B) of this section shall contain the current residence 2,170
address of the offender who is registering, the name and address
of the offender's employer, if the offender is employed at the 2,171
time of registration or if the offender knows at the time of 2,172
registration that the offender will be commencing employment with 2,173
that employer subsequent to registration, and any other 2,174
information required by the bureau of criminal identification and 2,175
investigation and shall include the offender's photograph.
Additionally, if the offender has been adjudicated as being a 2,176
sexual predator relative to the sexually oriented offense in 2,177
question and the court has not subsequently determined pursuant 2,178
to division (D) of section 2950.09 of the Revised Code that the 2,179
offender no longer is a sexual predator or if the sentencing 2,180
judge determined pursuant to division (C) of section 2950.09 of 2,181
the Revised Code that the offender is a habitual sex offender,
the offender shall include on the signed, written registration 2,182
form all of the following information: 2,183
(1) A specific declaration that the person has been 2,185
adjudicated as being a sexual predator or has been determined to 2,186
be a habitual sex offender, whichever is applicable; 2,187
51
(2) If the offender has been adjudicated as being a sexual 2,189
predator, the identification license plate number of each motor 2,190
vehicle the offender owns and of each motor vehicle registered in 2,191
the offender's name.
(D) After an offender registers with a sheriff pursuant to 2,194
this section, the sheriff shall forward the signed, written 2,195
registration form and photograph to the bureau of criminal
identification and investigation in accordance with the 2,197
forwarding procedures adopted pursuant to section 2950.13 of the 2,198
Revised Code. The bureau shall include the information and 2,199
materials forwarded to it under this division in the state 2,200
registry of sex offenders established and maintained under 2,201
section 2950.13 of the Revised Code. 2,202
(E) No person who is required to register pursuant to 2,204
divisions (A) and (B) of this section shall fail to register as 2,206
required in accordance with those divisions or that division.
(F) An offender who is required to register pursuant to 2,208
divisions (A) and (B) of this section shall register pursuant to 2,209
this section for the period of time specified in section 2950.07 2,210
of the Revised Code.
Sec. 2950.06. (A) An offender who is required to register 2,220
pursuant to section 2950.04 of the Revised Code shall 2,221
periodically verify the offender's current residence address in 2,222
accordance with this section. The frequency of verification 2,223
shall be determined in accordance with division (B) of this 2,224
section, and the manner of verification shall be determined in 2,225
accordance with division (C) of this section. 2,226
(B) The frequency with which an offender must verify the 2,228
offender's current residence address pursuant to division (A) of 2,230
this section shall be determined as follows:
(1) Regardless of when the sexually oriented offense for 2,232
which the offender is required to register was committed, if the 2,234
offender has been adjudicated as being a sexual predator relative 2,236
to the sexually oriented offense and if the court has not
52
subsequently entered a determination pursuant to division (D) of 2,237
section 2950.09 of the Revised Code that the offender no longer 2,239
is a sexual predator, the offender shall verify the offender's
current residence address in accordance with division (C) of this 2,240
section every ninety days after the offender's initial 2,241
registration date during the period the offender is required to 2,242
register.
(2) In all circumstances not described in division (B)(1) 2,245
of this section, the offender shall verify the offender's current 2,246
residence address in accordance with division (C) of this section 2,247
on each anniversary of the offender's initial registration date 2,248
during the period the offender is required to register. 2,249
(C)(1) An offender who is required to verify the 2,251
offender's current residence address pursuant to division (A) of 2,253
this section shall verify the address with the sheriff with whom 2,254
the offender most recently registered by personally appearing
before the sheriff or a designee of the sheriff, no earlier than 2,256
ten days before the date on which the verification is required
pursuant to division (B) of this section and no later than the 2,258
date so required for verification, and completing and signing a 2,259
copy of the verification form prescribed by the bureau of
criminal identification and investigation. The sheriff or 2,260
designee shall sign the completed form and indicate on the form 2,261
the date on which it is so completed. The verification required 2,263
under this division is complete when the offender personally 2,264
appears before the sheriff or designee and completes and signs 2,265
the form as described in this division. 2,266
(2) To facilitate the verification of an offender's 2,268
current residence address under division (C)(1) of this section, 2,269
the sheriff with whom the offender most recently registered may 2,270
mail a nonforwardable verification form prescribed by the bureau 2,271
of criminal identification and investigation to the offender's 2,272
last reported address, with a notice that consciously 2,273
CONSPICUOUSLY states that the offender must personally appear 2,275
53
before the sheriff or a designee of the sheriff to complete the 2,276
form and the date by which the form must be so completed. 2,277
Regardless of whether a sheriff mails a form to an offender, each 2,278
offender who is required to verify the offender's current 2,279
residence address pursuant to division (A) of this section shall 2,281
personally appear before the sheriff or a designee of the sheriff 2,282
to verify the address in accordance with division (D)(C)(1) of 2,283
this section.
(D) The verification form to be used under division (C) of 2,286
this section shall contain the current residence address of the 2,287
offender, the name and address of the offender's employer if the 2,288
offender is employed at the time of verification or if the 2,289
offender knows at the time of verification that the offender will 2,290
be commencing employment with that employer subsequent to
verification, and any other information required by the bureau of 2,291
criminal identification and investigation. 2,292
(E) Upon an offender's personal appearance and completion 2,294
of a verification form under division (C) of this section, a 2,295
sheriff promptly shall forward a copy of the verification form to 2,296
the bureau of criminal identification and investigation in 2,297
accordance with the forwarding procedures adopted by the attorney 2,298
general pursuant to section 2950.13 of the Revised Code. The 2,299
bureau shall include all information forwarded to it under this 2,300
division in the state registry of sex offenders established and 2,301
maintained under section 2950.13 of the Revised Code.
(F) No person who is required to verify a current 2,304
residence address pursuant to divisions (A) to (C) of this 2,305
section shall fail to verify a current residence address in
accordance with those divisions by the date required for the 2,307
verification as set forth in division (B) of this section, 2,308
provided that no person shall be prosecuted for a violation of 2,309
this division prior to the expiration of the period of time 2,310
specified in division (G) of this section. 2,311
(G)(1) If an offender fails to verify a current residence 2,313
54
address as required by divisions (A) to (C) of this section by 2,315
the date required for the verification as set forth in division 2,316
(B) of this section, the sheriff with whom the offender is 2,317
required to verify the current residence address, on the day 2,318
following that date required for the verification, shall send a 2,319
written warning to the offender, at the offender's last known 2,320
residence address, regarding the offender's duty to verify the 2,321
offender's current residence address. The written warning shall 2,322
identify the sheriff who sends it and the date on which it is 2,323
sent and shall state conspicuously that the offender has failed 2,324
to verify the offender's current residence address by the date 2,325
required for the verification, that the offender has seven days 2,326
from the date on which the warning is sent to verify the current 2,327
residence address with the sheriff who sent the warning, that a 2,328
failure to timely verify the current residence address is a 2,329
felony offense, that, if the offender verifies the current 2,330
residence address with that sheriff within that seven-day-period, 2,331
the offender will not be prosecuted for a failure to timely 2,332
verify a current residence address, and that, if the offender 2,333
does not verify the current residence address with that sheriff 2,334
within that seven-day-period, the offender will be arrested and 2,335
prosecuted for a failure to timely verify a current residence 2,336
address.
(2) If an offender fails to verify a current residence 2,338
address as required by divisions (A) to (C) of this section by 2,340
the date required for the verification as set forth in division 2,341
(B) of this section, the offender shall not be prosecuted for a 2,343
violation of division (F) of this section unless the 2,344
seven-day-period subsequent to that date that the offender is 2,345
provided under division (G)(1) of this section to verify the 2,347
current residence address has expired and the offender, prior to 2,348
the expiration of that seven-day-period, has not verified the 2,349
current residence address. Upon the expiration of the 2,350
seven-day-period that the offender is provided under division 2,351
55
(G)(1) of this section to verify the current residence address 2,352
has expired, if the offender has not verified the current 2,353
residence, all of the following apply: 2,354
(a) The sheriff with whom the offender is required to 2,356
verify the current residence address promptly shall notify the 2,357
bureau of criminal identification and investigation of the 2,358
failure.
(b) The sheriff with whom the offender is required to 2,360
verify the current residence address, the sheriff of the county 2,361
in which the offender resides, or a deputy of the appropriate 2,362
sheriff, shall locate the offender, promptly shall seek a warrant 2,363
for the arrest of the offender for the violation of division (F) 2,364
of this section and shall arrest the offender.
(c) The offender is subject to prosecution for the 2,366
violation of division (F) of this section. 2,367
(H) A person who is required to verify the person's 2,369
current residence address pursuant to divisions (A) to (C) of 2,371
this section shall do so for the period of time specified in
section 2950.07 of the Revised Code. 2,372
Sec. 2950.07. (A) The duty of an offender who is 2,381
convicted of or pleads guilty to, or has been convicted of or 2,382
pleaded guilty to, a sexually oriented offense to comply with 2,383
sections 2950.04, 2950.05, and 2950.06 of the Revised Code 2,384
commences on whichever of the following dates is applicable: 2,385
(1) If the offender's duty to register is imposed pursuant 2,388
to division (A)(1) of section 2950.04 of the Revised Code, the 2,389
offender's duty to comply with those sections commences on the 2,391
date of the offender's release from a prison term, a term of 2,392
imprisonment, or any other type of confinement or on the 2,393
effective date of this section JULY 1, 1997, whichever is later. 2,395
(2) If the offender's duty to register is imposed pursuant 2,397
to division (A)(2) of section 2950.04 of the Revised Code, the 2,398
offender's duty to comply with those sections commences on the 2,399
date of entry of the judgment of conviction of the sexually 2,400
56
oriented offense or on the effective date of this section JULY 1, 2,401
1997, whichever is later. 2,403
(3) If the offender's duty to register is imposed pursuant 2,406
to division (A)(3) of section 2950.04 of the Revised Code, the 2,407
offender's duty to comply with those sections commences fourteen 2,408
days after the effective date of this section JULY 1, 1997. 2,409
(4) IF THE OFFENDER'S DUTY TO REGISTER IS IMPOSED PURSUANT 2,411
TO DIVISION (A)(4) OR (5) OF SECTION 2950.04 OF THE REVISED CODE, 2,414
THE OFFENDER'S DUTY TO COMPLY WITH THOSE SECTIONS COMMENCES ON 2,415
THE EFFECTIVE DATE OF THIS AMENDMENT OR ON THE DATE THAT THE 2,416
OFFENDER BEGINS TO RESIDE OR BECOMES TEMPORARILY DOMICILED IN 2,417
THIS STATE, WHICHEVER IS LATER.
(B) The duty of an offender who is convicted of or pleads 2,419
guilty to, or has been convicted of or pleads guilty to, a 2,420
sexually oriented offense to comply with sections 2950.04, 2,421
2950.05, and 2950.06 of the Revised Code continues, after the 2,422
date of commencement, for whichever of the following periods is 2,423
applicable:
(1) Except as otherwise provided in this division, if the 2,425
offender has been adjudicated as being a sexual predator relative 2,427
to the sexually oriented offense, the offender's duty to comply 2,428
with those sections continues until the offender's death. If the 2,429
judge who sentenced the offender or that judge's successor in 2,430
office subsequently enters a determination pursuant to division
(D) of section 2950.09 of the Revised Code that the offender no 2,432
longer is a sexual predator, the offender's duty to comply with 2,433
those sections continues for the period of time that otherwise 2,434
would have been applicable to the offender under division (B)(2) 2,435
or (3) of this section.
(2) If the judge who sentenced the offender for the 2,437
sexually oriented offense determined pursuant to division (E) of 2,438
section 2950.09 of the Revised Code that the offender is a 2,439
habitual sex offender, the offender's duty to comply with those 2,440
sections continues for twenty years.
57
(3) If neither division (B)(1) nor (B)(2) of this section 2,442
applies, the offender's duty to comply with those sections 2,443
continues for ten years.
(C) If an offender has been convicted of or pleaded guilty 2,446
to a sexually oriented offense and if the offender subsequently 2,447
is convicted of or pleads guilty to another sexually oriented
offense, the period of time for which the offender must comply 2,448
with the sections specified in division (A) of this section shall 2,449
be separately calculated pursuant to divisions (A)(1), (2), and 2,451
(3) of this section for each of the sexually oriented offenses, 2,452
and the separately calculated periods of time shall be complied 2,453
with independently.
(D) THE DUTY OF AN OFFENDER TO REGISTER UNDER THIS CHAPTER 2,455
IS TOLLED FOR ANY PERIOD DURING WHICH THE OFFENDER IS RETURNED TO 2,456
CONFINEMENT FOR ANY REASON OR IMPRISONED FOR AN OFFENSE WHEN THE 2,457
CONFINEMENT OR IMPRISONMENT OCCURS SUBSEQUENT TO THE DATE 2,458
DETERMINED PURSUANT TO DIVISION (A) OF THIS SECTION. THE 2,459
OFFENDER'S DUTY TO REGISTER UNDER THIS CHAPTER RESUMES UPON THE 2,460
OFFENDER'S RELEASE FROM CONFINEMENT OR IMPRISONMENT. 2,461
(E) AN OFFENDER WHO HAS BEEN CONVICTED OF OR PLEADED 2,463
GUILTY TO A SEXUALLY ORIENTED OFFENSE IN ANOTHER STATE OR IN A 2,464
FEDERAL COURT, MILITARY COURT, OR AN INDIAN TRIBAL COURT MAY 2,465
APPLY TO THE SHERIFF OF THE COUNTY IN WHICH THE OFFENDER RESIDES 2,466
OR TEMPORARILY IS DOMICILED FOR CREDIT AGAINST THE DUTY TO 2,467
REGISTER FOR THE TIME THAT THE OFFENDER HAS COMPLIED WITH THE SEX 2,468
OFFENDER REGISTRATION REQUIREMENTS OF ANOTHER JURISDICTION. THE 2,469
SHERIFF SHALL GRANT THE OFFENDER CREDIT AGAINST THE DUTY TO 2,470
REGISTER FOR TIME FOR WHICH THE OFFENDER PROVIDES ADEQUATE PROOF 2,471
THAT THE OFFENDER HAS COMPLIED WITH THE SEX OFFENDER REGISTRATION 2,472
REQUIREMENTS OF ANOTHER JURISDICTION. IF THE OFFENDER DISAGREES 2,473
WITH THE DETERMINATION OF THE SHERIFF, THE OFFENDER MAY APPEAL
THE DETERMINATION TO THE COURT OF COMMON PLEAS OF THE COUNTY IN 2,474
WHICH THE OFFENDER RESIDES OR IS TEMPORARILY DOMICILED. 2,475
Sec. 2950.09. (A) If a person is convicted of or pleads 2,484
58
guilty to committing, on or after the effective date of this 2,485
section JANUARY 1, 1997, a sexually oriented offense that is a 2,487
sexually violent offense and also is convicted of or pleads 2,488
guilty to a sexually violent predator specification that was 2,489
included in the indictment, count in the indictment, or 2,490
information charging the sexually violent offense, the conviction 2,491
of or plea of guilty to the specification automatically 2,492
classifies the offender as a sexual predator for purposes of this 2,493
chapter. IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A 2,494
SEXUALLY ORIENTED OFFENSE IN ANOTHER STATE, OR IN A FEDERAL 2,495
COURT, MILITARY COURT, OR AN INDIAN TRIBAL COURT AND IF, AS A 2,496
RESULT OF THAT CONVICTION OR PLEA OF GUILTY, THE PERSON IS 2,497
REQUIRED, UNDER THE LAW OF THE JURISDICTION IN WHICH THE PERSON 2,498
WAS CONVICTED OR PLEADED GUILTY, TO REGISTER AS A SEX OFFENDER 2,499
UNTIL THE PERSON'S DEATH AND IS REQUIRED TO VERIFY THE PERSON'S 2,500
ADDRESS ON AT LEAST A QUARTERLY BASIS EACH YEAR, THAT CONVICTION 2,501
OR PLEA OF GUILTY AUTOMATICALLY CLASSIFIES THE OFFENDER AS A 2,502
SEXUAL PREDATOR FOR THE PURPOSES OF THIS CHAPTER, BUT THE 2,503
OFFENDER MAY CHALLENGE THAT CLASSIFICATION PURSUANT TO DIVISION 2,504
(F) OF THIS SECTION. In all other cases, a person who is 2,505
convicted of or pleads guilty to, or has been convicted of or 2,506
pleaded guilty to, a sexually oriented offense may be classified 2,507
as a sexual predator for purposes of this chapter only in 2,508
accordance with division (B) or (C) of this section. 2,509
(B)(1) Regardless of when the sexually oriented offense 2,512
was committed, if a person is to be sentenced on or after the 2,513
effective date of this section for a sexually oriented offense 2,514
that is not a sexually violent offense, or if a person is to be 2,515
sentenced on or after the effective date of this section JANUARY 2,516
1, 1997, for a sexually oriented offense that is a sexually 2,518
violent offense and a sexually violent predator specification was 2,519
not included in the indictment, count in the indictment, or 2,520
information charging the sexually violent offense, the judge who 2,521
is to impose sentence upon the offender shall conduct a hearing 2,522
59
to determine whether the offender is a sexual predator. The
judge shall conduct the hearing prior to sentencing and, if the 2,524
sexually oriented offense is a felony, may conduct it as part of 2,525
the sentencing hearing required by section 2929.19 of the Revised 2,526
Code. The court shall give the offender and the prosecutor who
prosecuted the offender for the sexually oriented offense notice 2,527
of the date, time, and location of the hearing. At the hearing, 2,528
the offender and the prosecutor shall have an opportunity to 2,530
testify, present evidence, call and examine witnesses and expert 2,532
witnesses, and cross-examine witnesses and expert witnesses
regarding the determination as to whether the offender is a 2,533
sexual predator. The offender shall have the right to be 2,534
represented by counsel and, if indigent, the right to have 2,535
counsel appointed to represent the offender. 2,536
(2) In making a determination under divisions (B)(1) and 2,538
(3) of this section as to whether an offender is a sexual 2,539
predator, the judge shall consider all relevant factors, 2,540
including, but not limited to, all of the following: 2,541
(a) The offender's age; 2,543
(b) The offender's prior criminal record regarding all 2,546
offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense 2,548
for which sentence is to be imposed; 2,549
(d) Whether the sexually oriented offense for which 2,551
sentence is to be imposed involved multiple victims; 2,552
(e) Whether the offender used drugs or alcohol to impair 2,554
the victim of the sexually oriented offense or to prevent the 2,555
victim from resisting; 2,556
(f) If the offender previously has been convicted of or 2,559
pleaded guilty to any criminal offense, whether the offender
completed any sentence imposed for the prior offense and, if the 2,560
prior offense was a sex offense or a sexually oriented offense, 2,561
whether the offender participated in available programs for 2,562
sexual offenders;
60
(g) Any mental illness or mental disability of the 2,564
offender; 2,565
(h) The nature of the offender's sexual conduct, sexual 2,568
contact, or interaction in a sexual context with the victim of
the sexually oriented offense and whether the sexual conduct, 2,569
sexual contact, or interaction in a sexual context was part of a 2,570
demonstrated pattern of abuse; 2,571
(i) Whether the offender, during the commission of the 2,574
sexually oriented offense for which sentence is to be imposed,
displayed cruelty or made one or more threats of cruelty; 2,575
(j) Any additional behavioral characteristics that 2,577
contribute to the offender's conduct. 2,578
(3) After reviewing all testimony and evidence presented 2,581
at the hearing conducted under division (B)(1) of this section 2,582
and the factors specified in division (B)(2) of this section, the 2,583
judge shall determine by clear and convincing evidence whether
the offender is a sexual predator. If the judge determines that 2,585
the offender is not a sexual predator, the judge shall specify in
the offender's sentence and the judgment of conviction that 2,586
contains the sentence that the judge has determined that the 2,587
offender is not a sexual predator. If the judge determines by 2,588
clear and convincing evidence that the offender is a sexual 2,589
predator, the judge shall specify in the offender's sentence and 2,590
the judgment of conviction that contains the sentence that the 2,591
judge has determined that the offender is a sexual predator and 2,592
shall specify that the determination was pursuant to division (B) 2,594
of this section. The offender and the prosecutor who prosecuted 2,595
the offender for the sexually oriented offense in question may 2,596
appeal as a matter of right the judge's determination under this 2,597
division as to whether the offender is, or is not, a sexual 2,598
predator.
(4) A hearing shall not be conducted under division (B) of 2,601
this section regarding an offender if the sexually oriented
offense in question is a sexually violent offense and the 2,602
61
indictment, count in the indictment, or information charging the 2,603
offense also included a sexually violent predator specification. 2,604
(C)(1) If a person was convicted of or pleaded guilty to a 2,606
sexually oriented offense prior to the effective date of this 2,607
section JANUARY 1, 1997, if the person was not sentenced for the 2,609
offense on or after the effective date of this section JANUARY 1, 2,610
1997, and if, on or after the effective date of this section 2,612
JANUARY 1, 1997, the offender is serving a term of imprisonment 2,613
in a state correctional institution, prior to the offender's 2,614
release from the term of imprisonment, the department of 2,615
rehabilitation and correction shall determine whether to 2,616
recommend that the offender be adjudicated as being a sexual 2,617
predator. In making a determination under this division as to 2,618
whether to recommend that the offender be adjudicated as being a 2,619
sexual predator, the department shall consider all relevant 2,620
factors, including, but not limited to, all of the factors 2,621
specified in division (B)(2) of this section. If the department 2,622
determines that it will recommend that the offender be 2,624
adjudicated as being a sexual predator, it immediately shall send 2,625
the recommendation to the court that sentenced the offender and 2,626
shall enter its determination and recommendation in the 2,627
offender's institutional record, and the court shall proceed in 2,628
accordance with division (C)(2) of this section. 2,629
(2)(a) If, pursuant to division (C)(1) of this section, 2,631
the department of rehabiitation REHABILITATION and correction 2,632
sends to a court a recommendation that an offender who has been 2,634
convicted of or pleaded guilty to a sexually oriented offense be 2,635
adjudicated as being a sexual predator, the court is not bound by 2,636
the department's recommendation and the court may conduct a 2,637
hearing to determine whether the offender is a sexual predator. 2,638
The court may deny the recommendation and determine that the 2,639
offender is not a sexual predator without a hearing but shall not 2,640
make a determination that the offender is a sexual predator in 2,641
any case without a hearing. If the court determines without a 2,642
62
hearing that the offender is not a sexual predator, it shall 2,643
include its determination in the offender's institutional record 2,644
AND SHALL DETERMINE WHETHER THE OFFENDER PREVIOUSLY HAS BEEN 2,646
CONVICTED OF OR PLEADED GUILTY TO A SEXUALLY ORIENTED OFFENSE 2,647
OTHER THAN THE OFFENSE IN RELATION TO WHICH THE COURT DETERMINED
THAT THE OFFENDER IS NOT A SEXUAL PREDATOR. 2,648
THE COURT MAY MAKE THE DETERMINATION AS TO WHETHER THE 2,649
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A 2,650
SEXUALLY ORIENTED OFFENSE WITHOUT A HEARING, BUT, IF THE COURT 2,651
DETERMINES THAT THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 2,652
PLEADED GUILTY TO SUCH AN OFFENSE, IT SHALL NOT IMPOSE A 2,653
REQUIREMENT THAT THE OFFENDER BE SUBJECT TO THE COMMUNITY 2,654
NOTIFICATION PROVISIONS REGARDING THE OFFENDER'S PLACE OF 2,655
RESIDENCE THAT ARE CONTAINED IN SECTIONS 2950.10 AND 2950.11 OF 2,656
THE REVISED CODE WITHOUT A HEARING. THE COURT MAY CONDUCT A 2,658
HEARING TO DETERMINE BOTH WHETHER THE OFFENDER PREVIOUSLY HAS 2,659
BEEN CONVICTED OF OR PLEADED GUILTY TO A SEXUALLY ORIENTED 2,660
OFFENSE AND WHETHER TO IMPOSE A REQUIREMENT THAT THE OFFENDER BE 2,661
SUBJECT TO THE COMMUNITY NOTIFICATION PROVISIONS AS DESCRIBED IN 2,662
THIS DIVISION, OR MAY CONDUCT A HEARING SOLELY TO MAKE THE LATTER 2,663
DETERMINATION. THE COURT SHALL INCLUDE IN THE OFFENDER'S 2,664
INSTITUTIONAL RECORD ANY DETERMINATION MADE UNDER THIS DIVISION 2,665
AS TO WHETHER THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 2,666
PLEADED GUILTY TO A SEXUALLY ORIENTED OFFENSE, AND, AS SUCH, 2,667
WHETHER THE OFFENDER IS A HABITUAL SEX OFFENDER. 2,668
(b) If the court schedules a hearing under this division 2,670
(C)(2)(a) OF THIS SECTION, the court shall give the offender and 2,672
the prosecutor who prosecuted the offender for the sexually 2,673
oriented offense, or that prosecutor's successor in office, 2,674
notice of the date, time, and place of the hearing. The IF THE 2,675
hearing IS TO DETERMINE WHETHER THE OFFENDER IS A SEXUAL 2,676
PREDATOR, IT shall be conducted in the manner described in 2,677
division (B)(1) of this section regarding hearings conducted 2,678
under that division and, in making a determination under this 2,679
63
division as to whether the offender is a sexual predator, the 2,680
court shall consider all relevant factors, including, but not 2,681
limited to, all of the factors specified in division (B)(2) of 2,682
this section. After reviewing all testimony and evidence 2,683
presented at the SEXUAL PREDATOR hearing and the factors 2,684
specified in division (B)(2) of this section, the court shall 2,686
determine by clear and convincing evidence whether the offender 2,687
is a sexual predator. If THE COURT DETERMINES THAT THE OFFENDER 2,688
IS NOT A SEXUAL PREDATOR, IT ALSO SHALL DETERMINE WHETHER THE 2,689
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A 2,690
SEXUALLY ORIENTED OFFENSE OTHER THAN THE OFFENSE IN RELATION TO 2,691
WHICH THE HEARING IS BEING CONDUCTED. 2,692
UPON MAKING ITS DETERMINATIONS AT THE HEARING, THE COURT 2,694
SHALL PROCEED AS FOLLOWS: 2,695
(i) IF THE HEARING IS TO DETERMINE WHETHER THE OFFENDER IS 2,698
A SEXUAL PREDATOR, AND IF the court determines that the offender 2,700
is not a sexual predator AND THAT THE OFFENDER PREVIOUSLY HAS NOT 2,701
BEEN CONVICTED OF OR PLEADED GUILTY TO A SEXUALLY ORIENTED
OFFENSE OTHER THAN THE OFFENSE IN RELATION TO WHICH THE HEARING 2,702
IS BEING CONDUCTED, it shall include its determination 2,704
DETERMINATIONS in the offender's institutional record. If 2,705
(ii) IF THE HEARING IS TO DETERMINE WHETHER THE OFFENDER 2,707
IS A SEXUAL PREDATOR, AND IF THE COURT DETERMINES THAT THE 2,708
OFFENDER IS NOT A SEXUAL PREDATOR BUT THAT THE OFFENDER 2,709
PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A SEXUALLY 2,710
ORIENTED OFFENSE OTHER THAN THE OFFENSE IN RELATION TO WHICH THE 2,711
HEARING IS BEING CONDUCTED, IT SHALL INCLUDE ITS DETERMINATION 2,712
THAT THE OFFENDER IS NOT A SEXUAL PREDATOR BUT IS A HABITUAL SEX 2,713
OFFENDER IN THE OFFENDER'S INSTITUTIONAL RECORD, SHALL ATTACH THE 2,714
DETERMINATIONS TO THE OFFENDER'S SENTENCE, SHALL SPECIFY THAT THE 2,715
DETERMINATIONS WERE PURSUANT TO DIVISION (C) OF THIS SECTION, 2,717
SHALL PROVIDE A COPY OF THE DETERMINATIONS TO THE OFFENDER, TO 2,718
THE PROSECUTING ATTORNEY, AND TO THE DEPARTMENT OF REHABILITATION 2,719
AND CORRECTION, AND MAY IMPOSE A REQUIREMENT THAT THE OFFENDER BE 2,721
64
SUBJECT TO THE COMMUNITY NOTIFICATION PROVISIONS REGARDING THE 2,722
OFFENDER'S PLACE OF RESIDENCE THAT ARE CONTAINED IN SECTIONS
2950.10 AND 2950.11 OF THE REVISED CODE. THE OFFENDER SHALL NOT 2,724
BE SUBJECT TO THOSE COMMUNITY NOTIFICATION PROVISIONS RELATIVE TO 2,726
THE SEXUALLY ORIENTED OFFENSE IN QUESTION IF THE COURT DOES NOT 2,727
SO IMPOSE THE REQUIREMENT DESCRIBED IN THIS DIVISION. IF THE 2,728
COURT IMPOSES THOSE COMMUNITY NOTIFICATION PROVISIONS, THE
OFFENDER MAY APPEAL THE JUDGE'S DETERMINATION THAT THE OFFENDER 2,729
IS A HABITUAL SEX OFFENDER. 2,730
(iii) IF THE HEARING IS TO DETERMINE WHETHER THE OFFENDER 2,733
PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A SEXUALLY 2,734
ORIENTED OFFENSE OTHER THAN THE OFFENSE IN RELATION TO WHICH THE 2,735
HEARING IS BEING CONDUCTED AND WHETHER TO IMPOSE A REQUIREMENT 2,736
THAT THE OFFENDER BE SUBJECT TO THE SPECIFIED COMMUNITY 2,737
NOTIFICATION PROVISIONS, AND IF THE COURT DETERMINES THAT THE 2,738
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO 2,739
SUCH AN OFFENSE, THE COURT SHALL PROCEED AS DESCRIBED IN DIVISION 2,740
(C)(2)(b)(ii) OF THIS SECTION AND MAY IMPOSE A COMMUNITY 2,741
NOTIFICATION REQUIREMENT AS DESCRIBED IN THAT DIVISION. THE 2,742
OFFENDER SHALL NOT BE SUBJECT TO THE SPECIFIED COMMUNITY 2,743
NOTIFICATION PROVISIONS RELATIVE TO THE SEXUALLY ORIENTED OFFENSE 2,744
IN QUESTION IF THE COURT DOES NOT SO IMPOSE THE REQUIREMENT 2,745
DESCRIBED IN THAT DIVISION. IF THE COURT IMPOSES THOSE COMMUNITY 2,746
NOTIFICATION PROVISIONS, THE OFFENDER MAY APPEAL THE JUDGE'S 2,747
DETERMINATION THAT THE OFFENDER IS A HABITUAL SEX OFFENDER. 2,749
(iv) IF THE COURT DETERMINED WITHOUT A HEARING THAT THE 2,752
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A 2,753
SEXUALLY ORIENTED OFFENSE OTHER THAN THE OFFENSE IN RELATION TO 2,754
WHICH THE COURT DETERMINED THAT THE OFFENDER IS NOT A SEXUAL 2,755
PREDATOR, AND, AS SUCH, IS A HABITUAL SEX OFFENDER, AND THE
HEARING IS SOLELY TO DETERMINE WHETHER TO IMPOSE A REQUIREMENT 2,756
THAT THE OFFENDER BE SUBJECT TO THE SPECIFIED COMMUNITY 2,757
NOTIFICATION PROVISIONS, AFTER THE HEARING, THE COURT MAY IMPOSE 2,758
A COMMUNITY NOTIFICATION REQUIREMENT AS DESCRIBED IN DIVISION 2,760
65
(C)(2)(b)(ii) OF THIS SECTION. THE OFFENDER SHALL NOT BE SUBJECT 2,761
TO THE SPECIFIED COMMUNITY NOTIFICATION PROVISIONS RELATIVE TO 2,762
THE SEXUALLY ORIENTED OFFENSE IN QUESTION IF THE COURT DOES NOT 2,763
SO IMPOSE THE REQUIREMENT DESCRIBED IN THAT DIVISION. IF THE 2,764
COURT IMPOSES THOSE COMMUNITY NOTIFICATION PROVISIONS, THE 2,765
OFFENDER MAY APPEAL THE JUDGE'S DETERMINATION THAT THE OFFENDER 2,766
IS A HABITUAL SEX OFFENDER. 2,767
(v) IF THE HEARING IS TO DETERMINE WHETHER THE OFFENDER IS 2,770
A SEXUAL PREDATOR, AND IF the court determines by clear and 2,771
convincing evidence that the offender is a sexual predator, it 2,772
shall enter its determination in the offender's institutional 2,773
record, shall attach the determination to the offender's 2,774
sentence, shall specify that the determination was pursuant to 2,775
division (C) of this section, and shall provide a copy of the 2,777
determination to the offender, to the prosecuting attorney, and 2,778
to the department of rehabilitation and correction. The offender 2,779
and the prosecutor may appeal as a matter of right the judge's 2,780
determination under this division as to whether the offender is, 2,781
or is not, a sexual predator.
(D)(1) Upon the expiration of the applicable period of 2,783
time specified in division (D)(1)(a) or (b) of this section, an 2,785
offender who has been convicted of or pleaded guilty to a
sexually oriented offense and who has been adjudicated as being a 2,787
sexual predator relative to the sexually oriented offense in the 2,788
manner described in division (B) or (C) of this section may 2,789
petition the judge who made the determination that the offender 2,790
was a sexual predator, or that judge's successor in office, to 2,791
enter a determination that the offender no longer is a sexual
predator. Upon the filing of the petition, the judge may review 2,793
the prior sexual predator or determination that comprises the
sexual violent predator adjudication, and, upon consideration of 2,794
all relevant evidence and information, including, but not limited 2,795
to, the factors set forth in division (B)(2) of this section, 2,796
either shall enter a determination that the offender no longer is 2,797
66
a sexual predator or shall enter an order denying the petition. 2,798
The court shall not enter a determination under this division 2,800
that the offender no longer is a sexual predator unless the court
determines by clear and convincing evidence that the offender is 2,802
unlikely to commit a sexually oriented offense in the future. If 2,803
the judge enters a determination under this division that the 2,804
offender no longer is a sexual predator, the judge shall notify 2,806
the bureau of criminal identification and investigation and the
parole board of the determination. Upon receipt of the 2,807
notification, the bureau promptly shall notify the sheriff with 2,808
whom the offender most recently registered under section 2950.04 2,809
or 2950.05 of the Revised Code of the determination that the 2,811
offender no longer is a sexual predator. If the judge enters an 2,812
order denying the petition, the prior adjudication of the 2,813
offender as a sexual predator shall remain in effect. An 2,814
offender determined to be a sexual predator in the manner 2,815
described in division (B) or (C) of this section may file a 2,816
petition under this division after the expiration of the 2,817
following periods of time:
(a) Regardless of when the sexually oriented offense was 2,819
committed, if, on or after the effective date of this section 2,821
JANUARY 1, 1997, the offender is imprisoned or sentenced to a 2,822
prison term or other confinement for the sexually oriented 2,823
offense in relation to which the determination was made, the 2,824
offender initially may file the petition not earlier than one 2,825
year prior to the offender's release from the imprisonment, 2,826
prison term, or other confinement by discharge, parole, judicial 2,828
release, or any other final release. If the offender is 2,829
sentenced on or after the effective date of this section JANUARY 2,830
1, 1997, for the sexually oriented offense in relation to which 2,831
the determination is made and is not imprisoned or sentenced to a 2,832
prison term or other confinement for the sexually oriented 2,833
offense, the offender initially may file the petition upon the 2,834
expiration of one year after the entry of the offender's judgment 2,835
67
of conviction.
(b) After the offender's initial filing of a petition 2,838
under division (D)(1)(a) of this section, thereafter, an offender 2,839
may file a petition under this division upon the expiration of 2,840
five years after the court has entered an order denying the most
recent petition the offender has filed under this division. 2,841
(2) Except as otherwise provided in this division, 2,843
division (D)(1) of this section does not apply to a person who is 2,844
classified as a sexual predator pursuant to division (A) of this 2,845
section. If a person who is so classified was sentenced to a 2,846
prison term pursuant to division (A)(3) of section 2971.03 of the 2,848
Revised Code and if the sentencing court terminates the 2,849
offender's prison term as provided in division (D) of section 2,850
2971.05 of the Revised Code, the court's termination of the 2,851
prison term automatically shall constitute a determination by the 2,852
court that the offender no longer is a sexual predator. If the 2,853
court so terminates the offender's prison term, the court shall 2,854
notify the bureau of criminal identification and investigation 2,855
and the parole board of the determination that the offender no 2,856
longer is a sexual predator. Upon receipt of the notification, 2,857
the bureau promptly shall notify the sheriff with whom the 2,858
offender most recently registered under section 2950.04 or 2,859
2950.05 of the Revised Code that the offender no longer is a 2,861
sexual predator. If an offender who is classified as a sexual 2,862
predator pursuant to division (A) of this section is released 2,863
from prison pursuant to a pardon or commutation, the
classification of the offender as a sexual predator shall remain 2,864
in effect after the offender's release, and the offender may file 2,865
one or more petitions in accordance with the procedures and time 2,866
limitations contained in division (D)(1) of this section for a 2,867
determination that the offender no longer is a sexual predator. 2,868
(E) If a person is convicted of or pleads guilty to 2,871
committing, on or after the effective date of this section 2,872
JANUARY 1, 1997, a sexually oriented offense, the judge who is to 2,874
68
impose sentence on the offender shall determine, prior to 2,875
sentencing, whether the offender previously has been convicted of 2,876
or pleaded guilty to a sexually oriented offense. If the judge 2,877
determines that the offender previously has not been convicted of 2,878
or pleaded guilty to a sexually oriented offense, the judge shall 2,879
specify in the offender's sentence that the judge has determined 2,880
that the offender is not a habitual sex offender. If the judge 2,881
determines that the offender previously has been convicted of or 2,882
pleaded guilty to a sexually oriented offense, the judge shall 2,883
specify in the offender's sentence and the judgment of conviction 2,884
that contains the sentence that the judge has determined that the 2,885
offender is a habitual sex offender and may impose a requirement 2,886
in that sentence and judgment of conviction that the offender be 2,887
subject to the community notification provisions regarding the 2,888
offender's place of residence that are contained in sections 2,889
2950.10 and 2950.11 of the Revised Code. Unless the habitual sex 2,891
offender also has been adjudicated as being a sexual predator 2,892
relative to the sexually oriented offense in question, the 2,893
offender shall not be subject to those community notification 2,894
provisions if the court does not impose the requirement described 2,895
in this division in the offender's sentence and the judgment of 2,896
conviction.
(F)(1) AN OFFENDER CLASSIFIED AS A SEXUAL PREDATOR MAY 2,899
PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE 2,900
OFFENDER RESIDES OR TEMPORARILY IS DOMICILED TO ENTER A
DETERMINATION THAT THE OFFENDER IS NOT AN ADJUDICATED SEXUAL 2,902
PREDATOR IN THIS STATE FOR PURPOSES OF THE SEX OFFENDER 2,903
REGISTRATION REQUIREMENTS OF THIS CHAPTER OR THE COMMUNITY
NOTIFICATION PROVISIONS CONTAINED IN SECTIONS 2950.10 AND 2950.11 2,904
OF THE REVISED CODE IF ALL OF THE FOLLOWING APPLY: 2,905
(a) THE OFFENDER WAS CONVICTED OF OR PLEADED GUILTY TO A 2,907
SEXUALLY ORIENTED OFFENSE IN ANOTHER STATE OR IN A FEDERAL COURT, 2,908
A MILITARY COURT, OR AN INDIAN TRIBAL COURT. 2,909
(b) AS A RESULT OF THE CONVICTION OR PLEA OF GUILTY 2,911
69
DESCRIBED IN DIVISION (F)(1)(a) OF THIS SECTION, THE OFFENDER IS 2,912
REQUIRED UNDER THE LAW OF THE JURISDICTION UNDER WHICH THE 2,913
OFFENDER WAS CONVICTED OR PLEADED GUILTY TO REGISTER AS A SEX 2,914
OFFENDER UNTIL THE OFFENDER'S DEATH AND IS REQUIRED TO VERIFY THE 2,915
OFFENDER'S ADDRESS ON AT LEAST A QUARTERLY BASIS EACH YEAR. 2,916
(c) THE OFFENDER WAS AUTOMATICALLY CLASSIFIED AS A SEXUAL 2,918
PREDATOR UNDER DIVISION (A) OF THIS SECTION IN RELATION TO THE 2,919
CONVICTION OR GUILTY PLEA DESCRIBED IN DIVISION (F)(1)(a) OF THIS 2,921
SECTION.
(2) THE COURT MAY ENTER A DETERMINATION THAT THE OFFENDER 2,923
FILING THE PETITION DESCRIBED IN DIVISION (F)(1) OF THIS SECTION 2,925
IS NOT AN ADJUDICATED SEXUAL PREDATOR IN THIS STATE FOR PURPOSES
OF THE SEX OFFENDER REGISTRATION REQUIREMENTS OF THIS CHAPTER OR 2,926
THE COMMUNITY NOTIFICATION PROVISIONS CONTAINED IN SECTIONS 2,927
2950.10 AND 2950.11 OF THE REVISED CODE ONLY IF THE OFFENDER 2,928
PROVES BY CLEAR AND CONVINCING EVIDENCE THAT THE REQUIREMENT OF 2,929
THE OTHER JURISDICTION THAT THE OFFENDER REGISTER AS A SEX 2,931
OFFENDER UNTIL THE OFFENDER'S DEATH AND THE REQUIREMENT THAT THE 2,932
OFFENDER VERIFY THE OFFENDER'S ADDRESS ON AT LEAST A QUARTERLY
BASIS EACH YEAR IS NOT SUBSTANTIALLY SIMILAR TO A CLASSIFICATION 2,933
AS A SEXUAL PREDATOR FOR PURPOSES OF THIS CHAPTER. 2,934
Sec. 2950.10. (A)(1) If a person is convicted of or 2,944
pleads guilty to, or has been convicted of or pleaded guilty to, 2,945
a sexually oriented offense, if the offender has been adjudicated 2,946
as being a sexual predator relative to the sexually oriented 2,947
offense, and the court has not subsequently determined pursuant
to division (D) of section 2950.09 of the Revised Code that the 2,948
offender no longer is a sexual predator or the offender has been 2,949
determined pursuant to division (C)(2) OR (E) of section 2950.09 2,950
of the Revised Code to be a habitual sex offender and the court 2,952
has imposed a requirement under that division subjecting the 2,953
habitual sex offender to this section, if the offender registers 2,954
with a sheriff pursuant to section 2950.04 or 2950.05 of the 2,955
Revised Code, and if the victim of the sexually oriented offense 2,957
70
has made a request in accordance with rules adopted by the
attorney general that specifies that the victim would like to be 2,958
provided the notices described in this section, the sheriff shall 2,959
notify the victim of the sexually oriented offense, in writing, 2,960
that the offender has registered and shall include in the notice 2,961
the offender's name and residence address or addresses. The 2,962
sheriff shall provide the notice required by this division to the
victim at the most recent residence address available for that 2,963
victim, not later than seventy-two hours after the offender 2,964
registers with the sheriff. 2,965
(2) If a person is convicted of or pleads guilty to or has 2,967
been convicted of or pleaded guilty to, a sexually oriented 2,968
offense, if the offender has been adjudicated as being a sexual 2,969
predator relative to the sexually oriented offense or sexually 2,970
violent offense and the court has not subsequently determined 2,971
pursuant to division (D) of section 2950.09 of the Revised Code 2,972
that the offender no longer is a sexual predator or the offender 2,973
has been determined pursuant to division (E) of section 2950.09 2,974
of the Revised Code to be a habitual sex offender and the court 2,975
has imposed a requirement under that division subjecting the 2,976
habitual sex offender to this section, if the offender registers 2,977
with a sheriff pursuant to section 2950.04 or 2950.05 of the 2,978
Revised Code, if the victim of the sexually oriented offense has 2,979
made a request in accordance with rules adopted by the attorney 2,980
general that specifies that the victim would like to be provided 2,981
the notices described in this section, and if the offender 2,982
notifies the sheriff of a change of residence address pursuant to 2,983
section 2950.05 of the Revised Code, the sheriff shall notify the 2,985
victim of the sexually oriented offense, in writing, that the
offender's residence address has changed and shall include in the 2,986
notice the offender's name and new residence address or 2,987
addresses. The sheriff shall provide the notice required by this 2,988
division to the victim at the most recent residence address 2,989
available for that victim, no later than seventy-two hours after 2,990
71
the offender notifies the sheriff of the change in the offender's 2,991
residence address.
(3) If an offender is convicted of or pleads guilty to, or 2,993
has been convicted of or pleaded guilty to, a sexually oriented 2,994
offense and if the offender is adjudicated as being a sexual 2,995
predator relative to the sexually oriented offense or the 2,996
offender is determined pursuant to division (E) of section 2,997
2950.09 of the Revised Code to be a habitual sex offender and is 2,998
made subject to this section, the victim of the offense may make 2,999
a request in accordance with rules adopted by the attorney 3,000
general pursuant to section 2950.13 of the Revised Code that 3,001
specifies that the victim would like to be provided the notices 3,002
described in divisions (A)(1) and (2) of this section. If the 3,003
victim makes a request in accordance with those rules, the 3,004
sheriff described in divisions (A)(1) and (2) of this section 3,005
shall provide the victim with the notices described in those 3,006
divisions.
(4) If a victim makes a request as described in division 3,008
(A)(3) of this section that specifies that the victim would like 3,009
to be provided the notices described in divisions (A)(1) and (2) 3,011
of this section, all information a sheriff obtains regarding the 3,012
victim from or as a result of the request is confidential, and 3,013
the information is not a public record open for inspection under 3,014
section 149.43 of the Revised Code.
(5) The notices described in divisions (A)(1) and (2) of 3,017
this section are in addition to any notices regarding the 3,018
offender that the victim is entitled to receive under Chapter 3,019
2930. of the Revised Code.
(B) A victim of a sexually oriented offense is not 3,021
entitled to be provided any notice described in division (A)(1) 3,022
or (2) of this section unless the offender is adjudicated as 3,023
being a sexual predator relative to the sexually oriented offense 3,024
and the court has not subsequently determined pursuant to 3,025
division (E) of section 2950.09 of the Revised Code that the 3,026
72
offender no longer is a sexual predator or the offender has been 3,027
determined pursuant to division (E) of section 2950.09 of the 3,029
Revised Code to be a habitual sex offender and the court has 3,030
imposed a requirement under that division subjecting the habitual 3,031
sex offender to this section. A victim of a sexually oriented 3,032
offense is not entitled to any notice described in division 3,033
(A)(1) or (2) of this section unless the victim makes a request 3,034
in accordance with rules adopted by the attorney general pursuant 3,035
to section 2950.13 of the Revised Code that specifies that the 3,036
victim would like to be provided the notices described in 3,037
divisions (A)(1) and (2) of this section. This division does not
affect any rights of a victim of a sexually oriented offense to 3,038
be provided notice regarding an offender that are described in 3,039
Chapter 2950. of the Revised Code. 3,040
Sec. 2950.11. (A) As used in this section, "specified 3,049
geographical notification area" means the geographic area or 3,050
areas within which the attorney general, by rule adopted under 3,051
section 2950.13 of the Revised Code, requires the notice 3,052
described in division (B) of this section to be given to the 3,053
persons identified in divisions (A)(2) to (8) of this section. 3,054
If a person is convicted of or pleads guilty to, or has been 3,055
convicted of or pleaded guilty to, a sexually oriented offense, 3,056
and if the offender has been adjudicated as being a sexual 3,057
predator relative to the sexually oriented offense and the court 3,058
has not subsequently determined pursuant to division (D) of 3,059
section 2950.09 of the Revised Code that the offender no longer 3,060
is a sexual predator or the offender has been determined pursuant
to division (C)(2) OR (E) of section 2950.09 of the Revised Code 3,062
to be a habitual sex offender and the court has imposed a 3,063
requirement under that division subjecting the habitual sex 3,064
offender to this section, the sheriff with whom the offender has 3,065
most recently registered under section 2950.04 or 2950.05 of the 3,066
Revised Code, within the period of time specified in division (C) 3,068
of this section, shall provide a written notice containing the 3,069
73
information set forth in division (B) of this section to all of 3,070
the following persons:
(1) All occupants of residences adjacent to the offender's 3,072
place of residence that are located within the county served by 3,073
the sheriff and all additional neighbors of the offender who are 3,074
within any category that the attorney general by rule adopted 3,075
under section 2950.13 of the Revised Code requires to be provided 3,076
the notice and who reside within the county served by the 3,077
sheriff;
(2) The executive director of the public children services 3,079
agency, as defined in section 2151.011 of the Revised Code, that 3,081
has jurisdiction within the specified geographical notification 3,082
area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a 3,084
school district that has schools within the specified 3,085
geographical notification area and that is located within the 3,086
county served by the sheriff;
(4) The appointing or hiring officer of each chartered 3,088
nonpublic school located within the specified geographical 3,089
notification area and within the county served by the sheriff or 3,090
of each other school located within the specified geographical 3,091
notification area and within the county served by the sheriff and 3,092
that is not operated by a board of education described in 3,094
division (A)(3) of this section;
(5) The director, head teacher, elementary principal, or 3,096
site administrator of each preschool program governed by Chapter 3,097
3301. of the Revised Code that is located within the specified 3,098
geographical notification area and within the county served by 3,099
the sheriff;
(6) The administrator of each child day-care center or 3,101
type A family day-care home that is located within the specified 3,103
geographical notification area and within the county served by 3,104
the sheriff, and the provider of each certified type B family 3,105
day-care home that is located within the specified geographical 3,106
74
notification area and within the county served by the sheriff. 3,107
As used in this division, "child day-care center," "type A family 3,108
day-care home," and "certified type B family day-care home" have 3,109
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of 3,111
each institution of higher education, as defined in section 3,113
2907.03 of the Revised Code, that is located within the specified 3,114
geographical notification area and within the county served by
the sheriff, and the chief law enforcement officer of the state 3,116
university law enforcement agency or campus police department 3,117
established under section 3345.04 or 1713.50 of the Revised Code, 3,118
if any, that serves that institution; 3,119
(8) The sheriff of each county that includes any portion 3,121
of the specified geographical notification area; 3,122
(9) If the offender resides within the county served by 3,124
the sheriff, the chief of police, marshal, or other chief law 3,125
enforcement officer of the municipal corporation in which the 3,126
offender resides or, if the offender resides in an unincorporated 3,127
area, the constable or chief of the police department or police 3,128
district police force of the township in which the offender 3,129
resides.
(B) The notice required under division (A) of this section 3,132
shall include all of the following information regarding the 3,133
subject offender:
(1) The offender's name; 3,135
(2) The address or addresses at which the offender 3,137
resides;
(3) The sexually oriented offense of which the offender 3,139
was convicted or to which the offender pleaded guilty; 3,140
(4) A statement that the offender has been adjudicated as 3,142
being a sexual predator and that, as of the date of the notice, 3,143
the court has not entered a determination that the offender no 3,144
longer is a sexual predator, or a statement that the sentencing 3,146
OR REVIEWING judge has determined that the offender is a habitual 3,148
75
sex offender.
(C) If a sheriff with whom an offender registers under 3,150
section 2950.04 or 2950.05 of the Revised Code is required by 3,151
division (A) of this section to provide notices regarding an 3,153
offender and if, pursuant to that requirement, the sheriff 3,154
provides a notice to a sheriff of one or more other counties in 3,156
accordance with division (A)(8) of this section, the sheriff of 3,157
each of the other counties who is provided notice under division 3,158
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) of this section to each person 3,161
or entity identified within those divisions that is located 3,162
within the geographical notification area and within the county 3,163
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this 3,166
section to provide notices regarding an offender shall provide
the notice to the neighbors that is described in division (A)(1) 3,167
of this section and the notices to law enforcement personnel that 3,168
are described in divisions (A)(8) and (9) of this section no 3,169
later than seventy-two hours after the offender registers with 3,171
the sheriff or, if the sheriff is required by division (C) to 3,172
provide the notices, no later than seventy-two hours after the
sheriff is provided the notice described in division (A)(8) of 3,173
this section.
(2) A sheriff required by division (A) or (C) of this 3,175
section to provide notices regarding an offender shall provide 3,176
the notices to all other specified persons that are described in 3,177
divisions (A)(2) to (7) of this section not later than seven days 3,178
after the offender registers with the sheriff, if the sheriff is 3,179
required by division (C) to provide the notices, no later than 3,181
seventy-two hours after the sheriff is provided the notice 3,182
described in division (A)(8) of this section.
(2) IF AN OFFENDER IN RELATION TO WHOM DIVISION (A) OF 3,185
THIS SECTION APPLIES VERIFIES THE OFFENDER'S CURRENT RESIDENCE 3,186
ADDRESS WITH A SHERIFF PURSUANT TO SECTION 2950.06 OF THE REVISED 3,188
76
CODE, THE SHERIFF MAY PROVIDE A WRITTEN NOTICE CONTAINING THE 3,189
INFORMATION SET FORTH IN DIVISION (B) OF THIS SECTION TO THE 3,190
PERSONS IDENTIFIED IN DIVISIONS (A)(1) TO (9) OF THIS SECTION. 3,192
IF A SHERIFF PROVIDES A NOTICE PURSUANT TO THIS DIVISION TO THE 3,193
SHERIFF OF ONE OR MORE OTHER COUNTIES IN ACCORDANCE WITH DIVISION 3,195
(A)(8) OF THIS SECTION, THE SHERIFF OF EACH OF THE OTHER COUNTIES 3,196
WHO IS PROVIDED THE NOTICE UNDER DIVISION (A)(8) OF THIS SECTION 3,198
MAY PROVIDE, BUT IS NOT REQUIRED TO PROVIDE, A WRITTEN NOTICE 3,199
CONTAINING THE INFORMATION SET FORTH IN DIVISION (B) OF THIS 3,201
SECTION TO THE PERSONS IDENTIFIED IN DIVISIONS (A)(1) TO (7) AND 3,203
(A)(9) OF THIS SECTION.
(E) All information that a sheriff possesses regarding a 3,205
sexual predator or a habitual sex offender that is described in 3,206
division (B) of this section and that must be provided in a 3,208
notice required under division (A) or (C) of this section OR THAT 3,209
MAY BE PROVIDED IN A NOTICE AUTHORIZED UNDER DIVISION (D)(2) OF 3,210
THIS SECTION is a public record that is open to inspection under 3,211
section 149.43 of the Revised Code.
(F) The notification provisions of this section do not 3,213
apply regarding a person who is convicted of or pleads guilty to, 3,214
or has been convicted of or pleaded guilty to, a sexually 3,215
oriented offense, who has not been adjudicated as being a sexual 3,216
predator relative to that sexually oriented offense, and who is 3,217
determined pursuant to division (F)(C)(2) OR (E) of section 3,218
2950.09 of the Revised Code to be a habitual sex offender unless 3,219
the sentencing OR REVIEWING court imposes a requirement in the 3,220
offender's sentence and in the judgment of conviction that
contains the sentence, OR IMPOSES A REQUIREMENT AS DESCRIBED IN 3,221
DIVISION (C)(2) OF SECTION 2950.09 OF THE REVISED CODE, that 3,222
subjects the offender to the provisions of this section. 3,223
(G) The department of human services shall compile, 3,225
maintain, and update in January and July of each year, a list of 3,226
all agencies, centers, or homes of a type described in division 3,227
(A)(2) or (6) of this section that contains the name of each 3,229
77
agency, center, or home of that type, the county in which it is 3,230
located, its address and telephone number, and the name of an 3,231
administrative officer or employee of the agency, center, or 3,232
home. The department of education shall compile, maintain, and 3,233
update in January and July of each year, a list of all boards of 3,235
education, schools, or programs of a type described in division 3,236
(A)(3), (4), or (5) of this section that contains the name of 3,237
each board of education, school, or program of that type, the 3,238
county in which it is located, its address and telephone number, 3,239
the name of the superintendent of the board or of an 3,240
administrative officer or employee of the school or program, and, 3,241
in relation to a board of education, the county or counties in 3,242
which each of its schools is located and the address of each such 3,243
school. The Ohio board of regents shall compile, maintain, and 3,244
update in January and July of each year, a list of all 3,246
institutions of a type described in division (A)(7) of this 3,247
section that contains the name of each such institution, the 3,248
county in which it is located, its address and telephone number, 3,249
and the name of its president or other chief administrative 3,250
officer. A sheriff required by division (A) or (C) of this 3,251
section, OR AUTHORIZED BY DIVISION (D)(2) OF THIS SECTION, to 3,252
provide notices regarding an offender, or a designee of a sheriff 3,253
of that type, may request the department of human services, 3,254
department of education, or Ohio board of regents, by telephone, 3,256
in person, or by mail, to provide the sheriff or designee with 3,257
the names, addresses, and telephone numbers of the appropriate 3,258
persons and entities to whom the notices described in divisions 3,259
(A)(2) to (7) of this section are to be provided. Upon receipt 3,261
of a request, the department or board shall provide the 3,262
requesting sheriff or designee with the names, addresses, and 3,263
telephone numbers of the appropriate persons and entities to whom 3,264
those notices are to be provided. 3,265
Sec. 2950.14. (A) Prior to releasing an offender who is 3,275
under the custody and control of the department of rehabilitation 3,276
78
and correction and who has been convicted of or pleaded guilty to 3,277
committing, either prior to, on, or after the effective date of 3,279
this section JANUARY 1, 1997, any sexually oriented offense, the 3,280
department shall provide all of the following information to the 3,281
bureau of criminal identification and investigation regarding the 3,282
offender:
(1) The offender's name and any aliases used by the 3,284
offender;
(2) All identifying factors concerning the offender; 3,286
(3) The offender's anticipated future residence; 3,288
(4) The offense history of the offender; 3,290
(5) WHETHER THE OFFENDER WAS TREATED FOR A MENTAL 3,292
ABNORMALITY OR PERSONALITY DISORDER WHILE UNDER THE CUSTODY AND 3,293
CONTROL OF THE DEPARTMENT; 3,294
(6) Any other information that the bureau indicates is 3,296
relevant and that the department posesses POSSESSES. 3,298
(B) Upon receipt of the information described in division 3,300
(A) of this section regarding an offender, the bureau immediately 3,301
shall enter the information into the state registry of sexual 3,302
offenders that the bureau maintains pursuant to section 2950.13 3,303
of the Revised Code and into the records that the bureau
maintains pursuant to division (A) of section 109.57 of the 3,304
Revised Code.
Section 2. That existing sections 2901.01, 2901.11, 3,306
2901.12, 2913.01, 2913.04, 2913.42, 2913.61, 2917.21, 2923.31, 3,308
2933.51, 2933.76, 2933.77, 2950.01, 2950.04, 2950.06, 2950.07,
2950.09, 2950.10, 2950.11, and 2950.14 of the Revised Code are 3,309
hereby repealed. 3,310
Section 3. Section 2933.51 of the Revised Code is 3,312
presented in this act as a composite of the section as amended by 3,313
Sub. H.B. 181, Am. Sub. H.B. 333, Am. Sub. S.B. 239, and Am. Sub. 3,314
S.B. 269 of the 121st General Assembly, with the new language of 3,315
none of the acts shown in capital letters. This is in 3,316
recognition of the principle stated in division (B) of section 3,317
79
1.52 of the Revised Code that such amendments are to be 3,318
harmonized where not substantively irreconcilable and constitutes 3,319
a legislative finding that such is the resulting version in 3,320
effect prior to the effective date of this act. 3,321