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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
      (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          

                                                          10     


                                                                 
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          

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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