Sec. 2950.035. (A) No tier III sex offender/child-victim | 10 |
offender who is eighteen years of age or older, who is convicted | 11 |
of, pleads guilty to, has been convicted of, or has pleaded guilty | 12 |
to any of the sexually oriented offenses listed in division | 13 |
(G)(1)(a), (c), (d), or (e) of section 2950.01 of the Revised | 14 |
Code, and whose victim was under sixteen years of age at the time | 15 |
of the commission of any one of the offenses that is the basis of | 16 |
the offender's tier III classification shall knowingly be present | 17 |
on school premises or
preschool or child day-care center | 18 |
premises. | 19 |
(i) If the most serious sexually oriented offense that was | 33 |
the basis of the registration, notice of intent to reside, change | 34 |
of address notification, or address verification requirement that | 35 |
was violated under the prohibition is aggravated murder or murder | 36 |
if committed by an adult or a comparable category of offense | 37 |
committed in another jurisdiction, the offender is guilty of a | 38 |
felony of the first degree. | 39 |
(ii) If the most serious sexually oriented offense or | 40 |
child-victim oriented offense that was the basis of the | 41 |
registration, notice of intent to reside, change of address | 42 |
notification, or address verification requirement that was | 43 |
violated under the prohibition is a
felony of the first, second, | 44 |
third, or fourth degree if
committed by an adult or a comparable | 45 |
category of offense
committed in another jurisdiction, the | 46 |
offender is guilty of a
felony of the same degree as the most | 47 |
serious sexually
oriented offense or child-victim oriented | 48 |
offense that was the
basis of the registration, notice of intent | 49 |
to reside, change of
address, or address verification requirement | 50 |
that was violated
under the prohibition, or, if the most serious | 51 |
sexually oriented
offense or child-victim oriented offense that | 52 |
was the basis of the
registration, notice of intent to reside, | 53 |
change of address, or
address verification requirement that was | 54 |
violated under the
prohibition is a comparable category of | 55 |
offense committed in
another jurisdiction, the offender is guilty | 56 |
of a felony of the
same degree as that offense committed in the | 57 |
other jurisdiction
would constitute if committed in this state. | 58 |
(iii) If the most serious sexually oriented
offense or | 59 |
child-victim oriented offense that was the basis of the | 60 |
registration, notice of intent to reside, change of address | 61 |
notification, or address verification requirement that was | 62 |
violated under the prohibition is a felony of the fifth
degree or | 63 |
a misdemeanor
if committed by an
adult or a comparable
category | 64 |
of offense committed in another jurisdiction, the offender is | 65 |
guilty
of a felony of the fourth degree. | 66 |
(b) If the offender previously has been convicted of or | 67 |
pleaded guilty to, or previously has been adjudicated a delinquent | 68 |
child for committing, a violation of a prohibition in section | 69 |
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, | 70 |
whoever violates a prohibition in section 2950.04, 2950.041, | 71 |
2950.05, or 2950.06 of the Revised Code shall be punished as | 72 |
follows: | 73 |
(i) If the most serious sexually oriented offense that was | 74 |
the basis of the registration, notice of intent to reside, change | 75 |
of address notification, or address verification requirement that | 76 |
was violated under the prohibition is aggravated murder or murder | 77 |
if committed by an adult or a comparable category of offense | 78 |
committed in another jurisdiction, the offender is guilty of a | 79 |
felony of the first degree. | 80 |
(ii) If the most serious sexually oriented offense or | 81 |
child-victim oriented offense that was the basis of the | 82 |
registration, notice of intent to reside, change of address | 83 |
notification, or address verification requirement that was | 84 |
violated under the prohibition is a
felony of the first, second, | 85 |
or third degree if
committed by an adult or a comparable category | 86 |
of offense
committed in another jurisdiction, the offender is | 87 |
guilty of a
felony of the same degree as the most serious | 88 |
sexually
oriented offense or child-victim oriented offense that | 89 |
was the
basis of the registration, notice of intent to reside, | 90 |
change of
address, or address verification requirement that was | 91 |
violated
under the prohibition, or, if the most serious sexually | 92 |
oriented
offense or child-victim oriented offense that was the | 93 |
basis of the
registration, notice of intent to reside, change of | 94 |
address, or
address verification requirement that was violated | 95 |
under the
prohibition is a comparable category of offense | 96 |
committed in
another jurisdiction, the offender is guilty of a | 97 |
felony of the
same degree as that offense committed in the other | 98 |
jurisdiction
would constitute if committed in this state. | 99 |
(iii) If the most serious sexually oriented offense or | 100 |
child-victim oriented offense that was the basis of the | 101 |
registration, notice of intent to reside, change of address | 102 |
notification, or address verification requirement that was | 103 |
violated under the prohibition is a felony of the fourth or fifth | 104 |
degree if committed by an adult or a comparable category of | 105 |
offense committed in another jurisdiction, the offender is guilty | 106 |
of a felony of the third degree. | 107 |
(iv) If the most serious sexually oriented offense or | 108 |
child-victim oriented offense that was the basis of the | 109 |
registration, notice of intent to reside, change of address | 110 |
notification, or address verification requirement that was | 111 |
violated under the prohibition is a misdemeanor if committed by an | 112 |
adult or a comparable category of offense committed in another | 113 |
jurisdiction, the offender is guilty of a felony of the fourth | 114 |
degree. | 115 |
(2)(a) In addition to
any penalty
or sanction imposed under | 116 |
division (A)(1) of this section or any other provision of law for | 117 |
a violation of a prohibition in section 2950.04, 2950.041, | 118 |
2950.05, or 2950.06 of the Revised Code, if the
offender
or | 119 |
delinquent child is
subject to a community control sanction, is on
| 120 |
parole, is subject to
one or
more
post-release
control sanctions, | 121 |
or is subject to any other
type
of supervised
release at the time | 122 |
of the violation, the
violation shall
constitute a violation of | 123 |
the terms and
conditions
of the
community control sanction, | 124 |
parole, post-release control
sanction, or other
type of supervised | 125 |
release. | 126 |
(b) In addition to any penalty or sanction imposed under | 127 |
division (A)(1)(b)(i), (ii), or (iii) of this section or any other | 128 |
provision of law for a violation of a prohibition in section | 129 |
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the | 130 |
offender previously has been convicted of or pleaded guilty to, or | 131 |
previously has been adjudicated a delinquent child for committing, | 132 |
a violation of a prohibition in section 2950.04, 2950.041, | 133 |
2950.05, or 2950.06 of the Revised Code when the most serious | 134 |
sexually oriented offense or child-victim oriented offense that | 135 |
was the basis of the requirement that was violated under the | 136 |
prohibition is a felony if committed by an adult or a comparable | 137 |
category of offense committed in another jurisdiction, the court | 138 |
imposing a sentence upon the offender shall impose a definite | 139 |
prison term of no less than three years. The definite prison term | 140 |
imposed under this section is not restricted by division (B) of | 141 |
section 2929.14 of the Revised Code and shall not be reduced to | 142 |
less than three years pursuant to Chapter 2967. or any other | 143 |
provision of the Revised Code. | 144 |
(3) As used in division (A)(1) of this section, "comparable | 145 |
category of offense committed in another jurisdiction" means a | 146 |
sexually oriented offense or child-victim oriented offense that | 147 |
was the basis of the registration, notice of intent to reside, | 148 |
change of address notification, or address verification | 149 |
requirement that was violated, that is a violation of an existing | 150 |
or former law of another state or the United States, an existing | 151 |
or former law applicable in a military court or in an Indian | 152 |
tribal court, or an existing or former law of any nation other | 153 |
than the United States, and that, if it had been committed in this | 154 |
state, would constitute or would have constituted aggravated | 155 |
murder or murder for purposes of division (A)(1)(a)(i) of this | 156 |
section, a felony of the first, second, third, or fourth
degree | 157 |
for purposes of division (A)(1)(a)(ii) of this section,
a felony | 158 |
of the fifth degree or a misdemeanor for
purposes of division | 159 |
(A)(1)(a)(iii) of this section,
aggravated murder or murder for | 160 |
purposes of division (A)(1)(b)(i)
of this section, a felony of | 161 |
the first, second, or third degree for purposes of division | 162 |
(A)(1)(b)(ii) of this
section, a felony of the fourth or fifth | 163 |
degree for purposes of
division (A)(1)(b)(iii) of this section, | 164 |
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this | 165 |
section. | 166 |