| Sec. 2929.02. (A) Whoever is convicted of or pleads guilty | 10 |
|
to aggravated
murder in violation of section 2903.01 of the | 11 |
|
Revised Code shall
suffer death or be imprisoned for life, as | 12 |
|
determined pursuant to
sections 2929.022, 2929.03, and 2929.04 of | 13 |
|
the Revised Code,
except that no person who raises the matter of | 14 |
|
age pursuant to
section 2929.023 of the
Revised Code and who is | 15 |
|
not found to have been eighteen years of
age or older at the time | 16 |
|
of the commission of the offense shall
suffer death. In addition, | 17 |
|
the offender may be fined an amount
fixed by the court, but not | 18 |
|
more than twenty-five thousand
dollars. | 19 |
| (B)(1) Except as otherwise provided in division
(B)(2) or | 20 |
|
(3) of this section, whoever is convicted of or pleads
guilty to | 21 |
|
murder in violation of
section 2903.02 of the Revised
Code shall | 22 |
|
be imprisoned for an indefinite
term consisting of a minimum term | 23 |
|
of fifteen, sixteen, seventeen, eighteen, nineteen, or twenty | 24 |
years
toand a maximum term of life imprisonment. | 25 |
| (2) Except as otherwise provided in division (B)(3) of this | 26 |
|
section, if a person is convicted of or pleads guilty to murder in | 27 |
|
violation of section 2903.02 of the Revised Code, the victim of | 28 |
|
the offense was less than thirteen years of age, and the offender | 29 |
|
also
is convicted of or pleads guilty to a sexual motivation | 30 |
|
specification that was included in the indictment, count in the | 31 |
|
indictment, or information charging the offense, the court shall | 32 |
|
impose an indefinite prison term of thirty years to life pursuant | 33 |
|
to division (B)(3) of section 2971.03 of the Revised Code. | 34 |
| (3) If a person is convicted of or pleads guilty to murder in | 35 |
|
violation of section 2903.02 of the Revised Code and also is | 36 |
|
convicted of or pleads guilty to a sexual motivation specification | 37 |
|
and a
sexually violent predator specification that were included | 38 |
|
in the indictment,
count in the indictment, or information that | 39 |
|
charged the murder, the court
shall impose upon the offender a | 40 |
|
term of life imprisonment without
parole that shall be served | 41 |
|
pursuant to section 2971.03
of the Revised Code. | 42 |
| (C) The court shall not impose a fine or fines for
aggravated | 45 |
|
murder or murder which, in the aggregate and to the
extent not | 46 |
|
suspended by the court, exceeds the amount which the
offender is | 47 |
|
or will be able to pay by the method and within the
time allowed | 48 |
|
without undue hardship to the offender or
to the dependents of the | 49 |
|
offender, or will prevent
the offender from making reparation for | 50 |
|
the victim's
wrongful death. | 51 |
| (D)(1) In addition to any other sanctions imposed for a | 52 |
|
violation of section 2903.01 or 2903.02 of the Revised Code, if | 53 |
|
the offender used a motor vehicle as the means to commit the | 54 |
|
violation, the court shall impose upon the offender a class two | 55 |
|
suspension of the offender's driver's license, commercial driver's | 56 |
|
license, temporary instruction permit, probationary license, or | 57 |
|
nonresident operating privilege as specified in division (A)(2) of | 58 |
|
section 4510.02 of the Revised Code. | 59 |