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2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2925 | Drug Offenses › Section 2925.58 | Unlawful Sale of Pseudoephedrine Product to Minor - Affirmative Defense.

Effective:
May 17, 2006
Latest Legislation:
Senate Bill 53 - 126th General Assembly
(A) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of section 2925.56 of the Revised Code in which the age of the purchaser or other recipient of a pseudoephedrine product is an element of the alleged violation if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(1) A card holder attempting to purchase or receive a pseudoephedrine product presented a driver's or commercial driver's license or an identification card.
(2) A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.
(3) The pseudoephedrine product was sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(B) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (A) of this section, the trier of fact in the action for the alleged violation of section 2925.56 of the Revised Code shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of section 2925.56 of the Revised Code. For purposes of division (A)(3) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
(1) Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes a pseudoephedrine product is eighteen years of age or older;
(2) Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.
(C) In any criminal action in which the affirmative defense provided by division (A) of this section is raised, the registrar of motor vehicles or a deputy registrar who issued an identification card under sections 4507.50 to 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the bureau of motor vehicles in the action.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2925 | Drug Offenses › Section 2925.62 | Illegally Selling Dextromethorphan.

Effective:
September 30, 2021
Latest Legislation:
House Bill 9 - 134th General Assembly
(A) As used in this section:
(1) "Dextromethorphan" means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms.
(2) "Evidence of majority and identity" means a document issued by the federal government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a military identification card, or any other form of identification that bears the name, date of birth, description, and picture of the person identified.
(3) "Retailer" means a place of business that offers consumer products for sale to the general public, including a terminal distributor of dangerous drugs that is licensed under Chapter 4729. of the Revised Code and operated as a pharmacy.
(B) No retailer or employee of a retailer shall knowingly supply, deliver, give, or otherwise provide a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan through the sale of any product to a person under eighteen years of age, unless the person has been issued a prescription for the product being purchased.
(C) For purposes of division (B) of this section, the person making the sale of a product containing dextromethorphan shall require and obtain evidence of majority and identity from the purchaser, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be twenty-five years of age or older. Proof that the person making the sale demanded, was shown, and acted in reasonable reliance on the purchaser's evidence of majority and identity is a defense to any charge of a violation of division (B) of this section.
(D) A retailer or employee of a retailer is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with a failure to prevent the sale of a product containing dextromethorphan to a person under eighteen years of age, unless the act or omission constitutes willful or wanton misconduct.
(E) Whoever violates division (B) of this section is guilty of illegally selling dextromethorphan, a minor misdemeanor.
Last updated July 13, 2021 at 9:47 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2925 | Drug Offenses › Section 2925.64 | Immunity for Administering Epinephrine.

Effective:
September 8, 2016
Latest Legislation:
House Bill 200 - 131st General Assembly
(A) As used in this section:
(1) "Administer epinephrine" means to inject an individual with epinephrine using an autoinjector in a manufactured dosage form.
(2) "Prescriber" and "qualified entity" have the same meanings as in section 3728.01 of the Revised Code.
(B) An individual or qualified entity is not subject to criminal prosecution for a violation of section 4731.41 of the Revised Code or criminal prosecution under this chapter if the individual or entity, acting in good faith and in accordance with Chapter 3728. of the Revised Code, administers epinephrine or provides an epinephrine autoinjector to an individual who appears to be experiencing or at risk of experiencing anaphalaxis or to the parent, guardian, or custodian of such an individual.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.01 | Abuse of a Corpse.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) No person, except as authorized by law, shall treat a human corpse in a way that the person knows would outrage reasonable family sensibilities.
(B) No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.
(C) Whoever violates division (A) of this section is guilty of abuse of a corpse, a misdemeanor of the second degree. Whoever violates division (B) of this section is guilty of gross abuse of a corpse, a felony of the fifth degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.022 | Affirmative Defense to Cigarette, Tobacco or Alternative Nicotine Product Charge.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of section 2927.02 of the Revised Code in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(1) A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver's or commercial driver's license or an identification card.
(2) A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.
(3) The cigarettes, other tobacco products, or alternative nicotine products were sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(B) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (A) of this section, the trier of fact in the action for the alleged violation of section 2927.02 of the Revised Code shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of section 2927.02 of the Revised Code. For purposes of division (A)(3) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
(1) Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older;
(2) Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.
(C) In any criminal action in which the affirmative defense provided by division (A) of this section is raised, the registrar of motor vehicles or a deputy registrar who issued an identification card under sections 4507.50 to 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the bureau of motor vehicles in the action.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.024 | Furnishing False Information; Penalty.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person's name, age, or other identification for the purpose of obtaining tobacco products.
(B) Whoever violates division (A) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, furnishing false information to obtain tobacco products is a misdemeanor of the third degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.03 | Injure, Intimidate, or Interfere With Fair Housing Rights.

Effective:
March 24, 2008
Latest Legislation:
House Bill 372 - 127th General Assembly
(A) No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any of the following:
(1) Any person because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, national origin, military status as defined in that section, disability as defined in that section, or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any housing accommodations, or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations;
(2) Any person because that person is or has been doing, or in order to intimidate that person or any other person or any class of persons from doing, either of the following:
(a) Participating, without discrimination on account of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, national origin, military status as defined in that section, disability as defined in that section, or ancestry, in any of the activities, services, organizations, or facilities described in division (A)(1) of this section;
(b) Affording another person or class of persons opportunity or protection so to participate.
(3) Any person because that person is or has been, or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, national origin, military status as defined in that section, disability as defined in that section, or ancestry, in any of the activities, services, organizations, or facilities described in division (A)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(B) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.11 | Desecration.

Effective:
September 20, 1999
Latest Legislation:
House Bill 51 - 123rd General Assembly
(A) No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following:
(1) The flag of the United States or of this state;
(2) Any public monument;
(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest;
(4) A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;
(5) A work of art or museum piece;
(6) Any other object of reverence or sacred devotion.
(B) Whoever violates this section is guilty of desecration. A violation of division (A)(1), (2), (3), (5), or (6) of this section is a misdemeanor of the second degree. Except as otherwise provided in this division, a violation of division (A)(4) of this section is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.13 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved in a violation of division (A)(4) of this section is five thousand dollars or more but less than one hundred thousand dollars, a violation of that division is a felony of the fourth degree. If the value of the property or the amount of physical harm involved in a violation of division (A)(4) of this section is one hundred thousand dollars or more, a violation of that division is a felony of the third degree.
(C) As used in this section, "cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.12 | Ethnic Intimidation.

Effective:
March 19, 1987
Latest Legislation:
Senate Bill 316 - 116th General Assembly
(A) No person shall violate section 2903.21, 2903.22, 2909.06, or 2909.07, or division (A)(3), (4), or (5) of section 2917.21 of the Revised Code by reason of the race, color, religion, or national origin of another person or group of persons.
(B) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.13 | Selling or Donating Contaminated Blood.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) No person, with knowledge that the person is a carrier of a virus that causes acquired immune deficiency syndrome, shall sell or donate the person's blood, plasma, or a product of the person's blood, if the person knows or should know the blood, plasma, or product of the person's blood is being accepted for the purpose of transfusion to another individual.
(B) Whoever violates this section is guilty of selling or donating contaminated blood, a felony of the fourth degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.15 | Privilege or Consent to Collect Bodily Substance.

Effective:
September 17, 2010
Latest Legislation:
Senate Bill 58 - 128th General Assembly
(A) No person shall knowingly collect any blood, urine, tissue, or other bodily substance of another person without privilege or consent to do so.
(B)(1) Division (A) of this section does not apply to any of the following:
(a) The collection of any bodily substance of a person by a law enforcement officer, or by another person pursuant to the direction or advice of a law enforcement officer, for purposes of a chemical test or tests of the substance under division (A)(1) of section 1547.111 or division (A)(2) of section 4511.191 of the Revised Code to determine the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the bodily substance;
(b) The collection of any bodily substance of a person by a peace officer, or by another person pursuant to the direction or advice of a peace officer, for purposes of a test or tests of the substance as provided in division (A) of section 4506.17 of the Revised Code to determine the person's alcohol concentration or the presence of any controlled substance or metabolite of a controlled substance.
(2) Division (B)(1) of this section shall not be construed as implying that the persons identified in divisions (B)(1)(a) and (b) of this section do not have privilege to collect the bodily substance of another person as described in those divisions or as limiting the definition of "privilege" set forth in section 2901.01 of the Revised Code.
(C) Whoever violates division (A) of this section is guilty of unlawful collection of a bodily substance. Except as otherwise provided in this division, unlawful collection of a bodily substance is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, unlawful collection of a bodily substance is a felony of the fifth degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.17 | Advertising of Massage Services.

Effective:
June 20, 2014
Latest Legislation:
House Bill 130 - 130th General Assembly
(A) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(B) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(C) Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (A) and (B) of this section.
(D) As used in this section, "sexual activity" has the same meaning as in section 2907.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.22 | Soliciting or Accepting a Fee to Remove, Correct, Modify, or Refrain From Publishing Criminal Record Information; Violation.

Effective:
January 18, 2018
Latest Legislation:
House Bill 6 - 132nd General Assembly
(A) As used in this section:
(1) "Booking photograph" means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency.
(2) "Criminal record information" means a booking photograph or the name, address, charges filed, or description of a subject individual who is asserted or implied to have engaged in illegal conduct.
(3) "Law enforcement agency" has the same meaning as in section 109.573 of the Revised Code.
(4) "Subject individual" means an individual who was arrested and had the individual's photograph taken by a law enforcement agency during the processing of the arrest.
(B) No person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium shall negligently solicit or accept from a subject individual the payment of a fee or other consideration to remove, correct, modify, or refrain from publishing or otherwise disseminating criminal record information.
(C) A violation of division (B) of this section is misuse of criminal record information, a misdemeanor of the first degree.
(D) Each payment solicited or accepted in violation of this section constitutes a separate violation.
(E) In a civil action brought pursuant to section 2307.60 of the Revised Code for a violation of this section, a subject individual who suffers a loss or harm as a result of the violation may be awarded an amount equal to ten thousand dollars or actual and punitive damages, whichever is greater, and in addition may be awarded reasonable attorney's fees, court costs, and any other remedies provided by law. Humiliation or embarrassment shall be adequate to show that the plaintiff has incurred damages. No physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2927 | Miscellaneous Offenses › Section 2927.27 | Illegal Bail Bond Agent Practices.

Effective:
October 9, 2001
Latest Legislation:
House Bill 730 - 123rd General Assembly
(A) No person, other than a law enforcement officer, shall apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria:
(1) The person is any of the following:
(a) Qualified, licensed, and appointed as a surety bail bond agent under sections 3905.83 to 3905.95 of the Revised Code;
(b) Licensed as a surety bail bond agent by the state where the bond was written;
(c) Licensed as a private investigator under chapter 4749. of the Revised Code;
(d) Licensed as a private investigator by the state where the bond was written;
(e) An off-duty peace officer, as defined in section 2921.51 of the Revised Code.
(2) The person, prior to apprehending, detaining, or arresting the principal, has entered into a written contract with the surety or with a licensed surety bail bond agent appointed by the surety, which contract sets forth the name of the principal who is to be apprehended, detained, or arrested.
For purposes of division (A)(2) of this section, "surety" has the same meaning as in section 3905.83 of the Revised Code.
(3) The person, prior to apprehending, detaining, or arresting the principal, has notified the local law enforcement agency having jurisdiction over the area in which such activities will be performed and has provided any form of identification or other information requested by the law enforcement agency.
(B) No person shall represent the person's self to be a bail enforcement agent or bounty hunter, or claim any similar title, in this state.
(C)(1) Whoever violates this section is guilty of illegal bail bond agent practices.
(2) A violation of division (A) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (A) of this section, a felony of the third degree.
(3) A violation of division (B) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (B) of this section, a felony of the third degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.021 | Notice to Supreme Court of Indictment Charging Aggravated Murder With Aggravating Circumstances.

Effective:
October 19, 1981
Latest Legislation:
Senate Bill 1 - 114th General Assembly
(A) If an indictment or a count in an indictment charges the defendant with aggravated murder and contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, the clerk of the court in which the indictment is filed, within fifteen days after the day on which it is filed, shall file a notice with the supreme court indicating that the indictment was filed. The notice shall be in the form prescribed by the clerk of the supreme court and shall contain, for each charge of aggravated murder with a specification, at least the following information pertaining to the charge:
(1) The name of the person charged in the indictment or count in the indictment with aggravated murder with a specification;
(2) The docket number or numbers of the case or cases arising out of the charge, if available;
(3) The court in which the case or cases will be heard;
(4) The date on which the indictment was filed.
(B) If an indictment or a count in an indictment charges the defendant with aggravated murder and contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code and if the defendant pleads guilty or no contest to any offense in the case or if the indictment or any count in the indictment is dismissed, the clerk of the court in which the plea is entered or the indictment or count is dismissed shall file a notice with the supreme court indicating what action was taken in the case. The notice shall be filed within fifteen days after the plea is entered or the indictment or count is dismissed, shall be in the form prescribed by the clerk of the supreme court, and shall contain at least the following information:
(1) The name of the person who entered the guilty or no contest plea or who is named in the indictment or count that is dismissed;
(2) The docket numbers of the cases in which the guilty or no contest plea is entered or in which the indictment or count is dismissed;
(3) The sentence imposed on the offender in each case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.023 | Raising the Matter of Age at Trial.

Effective:
October 19, 1981
Latest Legislation:
Senate Bill 1 - 114th General Assembly
A person charged with aggravated murder and one or more specifications of an aggravating circumstance may, at trial, raise the matter of his age at the time of the alleged commission of the offense and may present evidence at trial that he was not eighteen years of age or older at the time of the alleged commission of the offense. The burdens of raising the matter of age, and of going forward with the evidence relating to the matter of age, are upon the defendant. After a defendant has raised the matter of age at trial, the prosecution shall have the burden of proving, by proof beyond a reasonable doubt, that the defendant was eighteen years of age or older at the time of the alleged commission of the offense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.024 | Investigation Services and Experts for Indigent Defendant.

Effective:
April 12, 2021
Latest Legislation:
House Bill 136 - 133rd General Assembly
(A) In a case described in division (B) of this section, if the court determines that investigation services, experts, or other services are reasonably necessary for the proper representation of a defendant charged with aggravated murder at trial or at the sentencing hearing, the court shall authorize the defendant's counsel to obtain the necessary services for the defendant, and shall order that payment of the fees and expenses for the necessary services be made in the same manner that payment for appointed counsel is made pursuant to Chapter 120. of the Revised Code. If the court determines that the necessary services had to be obtained prior to court authorization for payment of the fees and expenses for the necessary services, the court may, after the services have been obtained, authorize the defendant's counsel to obtain the necessary services and order that payment of the fees and expenses for the necessary services be made as provided in this section.
(B) Division (A) of this section applies in a case in which either of the following apply:
(1) The court determines that the defendant is indigent.
(2) The defendant is described in division (C) of section 2929.025 of the Revised Code and raises the matter of the defendant's serious mental illness at the time of the alleged commission of the aggravated murder as described in that division.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.07 | No Sentence of Life Imprisonment Without Parole for Offense Committed When a Minor.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 256 - 133rd General Assembly
(A) Notwithstanding any provision of the Revised Code to the contrary, a court shall not impose a sentence of life imprisonment without parole on any person for an offense that was committed when the person was under eighteen years of age.
(B) If an offender receives or received a sentence of life imprisonment without parole for an offense that was committed when the offender was under eighteen years of age, the offender's parole eligibility shall be determined under section 2967.132 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.11 | Purposes of Felony Sentencing.

Effective:
October 29, 2018
Latest Legislation:
Senate Bill 66 - 132nd General Assembly
(A) A court that sentences an offender for a felony shall be guided by the overriding purposes of felony sentencing. The overriding purposes of felony sentencing are to protect the public from future crime by the offender and others, to punish the offender, and to promote the effective rehabilitation of the offender using the minimum sanctions that the court determines accomplish those purposes without imposing an unnecessary burden on state or local government resources. To achieve those purposes, the sentencing court shall consider the need for incapacitating the offender, deterring the offender and others from future crime, rehabilitating the offender, and making restitution to the victim of the offense, the public, or both.
(B) A sentence imposed for a felony shall be reasonably calculated to achieve the three overriding purposes of felony sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders.
(C) A court that imposes a sentence upon an offender for a felony shall not base the sentence upon the race, ethnic background, gender, or religion of the offender.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.141 | Person on Release Committing a Felony.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Upon the conviction of or plea of guilty to a felony by a person on post-release control at the time of the commission of the felony, the court may terminate the term of post-release control, and the court may do either of the following regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on post-release control:
(1) In addition to any prison term for the new felony, impose a prison term for the post-release control violation. The maximum prison term for the violation shall be the greater of twelve months or the period of post-release control for the earlier felony minus any time the person has spent under post-release control for the earlier felony. In all cases, any prison term imposed for the violation shall be reduced by any prison term that is administratively imposed by the parole board as a post-release control sanction. A prison term imposed for the violation shall be served consecutively to any prison term imposed for the new felony. The imposition of a prison term for the post-release control violation shall terminate the period of post-release control for the earlier felony.
(2) Impose a sanction under sections 2929.15 to 2929.18 of the Revised Code for the violation that shall be served concurrently or consecutively, as specified by the court, with any community control sanctions for the new felony.
(B) If a person on post-release control was acting pursuant to division (B)(2)(b) of section 2925.11 or a related provision under section 2925.12, 2925.14, or 2925.141 of the Revised Code and in so doing violated the conditions of a post-release control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code, or violated section 2925.12, division (C)(1) of section 2925.14, or section 2925.141 of the Revised Code, the court shall not impose any of the penalties described in division (A) of this section based on the violation.
(C) Upon the conviction of or plea of guilty to a felony by a person on transitional control under section 2967.26 of the Revised Code at the time of the commission of the felony, the court may, in addition to any prison term for the new felony, impose a prison term not exceeding twelve months for having committed the felony while on transitional control. An additional prison term imposed pursuant to this section shall be served consecutively to any prison term imposed for the new felony. The sentencing court may impose the additional prison term authorized by this section regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on transitional control.
Last updated February 13, 2023 at 4:07 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.142 | Aggravated Vehicular Homicide - Mandatory Prison Term.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Notwithstanding the definite prison terms and minimum prison terms specified in divisions (A)(1)(a) and (b) of section 2929.14 of the Revised Code for a felony of the first degree, if an offender is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code, the court shall impose upon the offender a mandatory prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years, determined as specified in division (B) of this section, if any of the following apply:
(1) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(2) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(3) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(4) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.06 of the Revised Code.
(5) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code.
(6) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applied regarding the violations.
(7) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (A)(1), (2), (3), (4), (5), or (6) of this section.
(8) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.
(B) The mandatory prison term required under division (A) of this section shall be a definite term of ten, eleven, twelve, thirteen, fourteen, or fifteen years, except that if the aggravated vehicular homicide is committed on or after March 22, 2019, the court shall impose as the minimum prison term for the offense under division (A)(1)(a) of section 2929.14 of the Revised Code a mandatory prison term that is ten, eleven, twelve, thirteen, fourteen, or fifteen years.
Last updated January 25, 2023 at 10:13 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.143 | Risk Reduction Sentences.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) When a court sentences an offender who is convicted of a felony to a term of incarceration in a state correctional institution, the court may recommend that the offender serve a risk reduction sentence under section 5120.036 of the Revised Code if the court determines that a risk reduction sentence is appropriate, and all of the following apply:
(1) The offense for which the offender is being sentenced is not aggravated murder, murder, complicity in committing aggravated murder or murder, an offense of violence that is a felony of the first or second degree, a sexually oriented offense, or an attempt or conspiracy to commit or complicity in committing any offense otherwise identified in this division if the attempt, conspiracy, or complicity is a felony of the first or second degree.
(2) The offender's sentence to the term of incarceration does not consist solely of one or more mandatory prison terms.
(3) The offender agrees to cooperate with an assessment of the offender's needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code.
(4) The offender agrees to participate in any programming or treatment that the department of rehabilitation and correction orders to address any issues raised in the assessment described in division (A)(3) of this section.
(B) An offender who is serving a risk reduction sentence is not entitled to any earned credit under division (A)(2) or (3) of section 2967.193 or 2967.194 of the Revised Code.
Last updated March 8, 2023 at 11:20 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.201 | Application for Shock Probation.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
Notwithstanding the time limitation for filing a motion under former section 2947.061 of the Revised Code, an offender whose offense was committed before July 1, 1996, and who otherwise satisfies the eligibility criteria for shock probation under that section as it existed immediately prior to July 1, 1996, may apply to the offender's sentencing court for shock probation under that section on or after September 15, 2014. Not more than one motion may be filed by an offender under this section. Division (C) of former section 2947.061 of the Revised Code does not apply to a motion filed under this section. A presentence investigation report is not required for shock probation to be granted by reason of this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.21 | Purposes of Misdemeanor Sentencing.

Effective:
June 1, 2004
Latest Legislation:
House Bill 52 - 125th General Assembly
(A) A court that sentences an offender for a misdemeanor or minor misdemeanor violation of any provision of the Revised Code, or of any municipal ordinance that is substantially similar to a misdemeanor or minor misdemeanor violation of a provision of the Revised Code, shall be guided by the overriding purposes of misdemeanor sentencing. The overriding purposes of misdemeanor sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender's behavior, rehabilitating the offender, and making restitution to the victim of the offense, the public, or the victim and the public.
(B) A sentence imposed for a misdemeanor or minor misdemeanor violation of a Revised Code provision or for a violation of a municipal ordinance that is subject to division (A) of this section shall be reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar offenses committed by similar offenders.
(C) A court that imposes a sentence upon an offender for a misdemeanor or minor misdemeanor violation of a Revised Code provision or for a violation of a municipal ordinance that is subject to division (A) of this section shall not base the sentence upon the race, ethnic background, gender, or religion of the offender.
(D) Divisions (A) and (B) of this section shall not apply to any offense that is disposed of by a traffic violations bureau of any court pursuant to Traffic Rule 13 and shall not apply to any violation of any provision of the Revised Code that is a minor misdemeanor and that is disposed of without a court appearance. Divisions (A) to (C) of this section do not affect any penalties established by a municipal corporation for a violation of its ordinances.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.23 | Sentence for Sexually Oriented Misdemeanor Committed on or After 1-1-97.

Effective:
January 1, 2008
Latest Legislation:
Senate Bill 10 - 127th General Assembly
(A) If an offender is being sentenced for a sexually oriented offense or child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, and the offender is a tier III sex offender/child-victim offender relative to the offense or the offense is any offense listed in division (D)(1) to (3) of section 2901.07 of the Revised Code, the judge shall include in the offender's sentence a statement that the offender is a tier III sex offender/child-victim offender, shall comply with the requirements of section 2950.03 of the Revised Code, and shall require the offender to submit to a DNA specimen collection procedure pursuant to section 2901.07 of the Revised Code.
(B) If an offender is being sentenced for a sexually oriented offense or a child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration. If required under division (A)(2) of section 2950.03 of the Revised Code, the judge shall perform the duties specified in that section or, if required under division (A)(6) of section 2950.03 of the Revised Code, the judge shall perform the duties specified in that division.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.31 | Fines for Organizations by Degree of Offense.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A) Regardless of the penalties provided in sections 2929.02, 2929.14 to 2929.18, and 2929.24 to 2929.28 of the Revised Code, an organization convicted of an offense pursuant to section 2901.23 of the Revised Code shall be fined in accordance with this section. The court shall fix the fine as follows:
(1) For aggravated murder, not more than one hundred thousand dollars;
(2) For murder, not more than fifty thousand dollars;
(3) For a felony of the first degree, not more than twenty-five thousand dollars;
(4) For a felony of the second degree, not more than twenty thousand dollars;
(5) For a felony of the third degree, not more than fifteen thousand dollars;
(6) For a felony of the fourth degree, not more than ten thousand dollars;
(7) For a felony of the fifth degree, not more than seventy-five hundred dollars;
(8) For a misdemeanor of the first degree, not more than five thousand dollars;
(9) For a misdemeanor of the second degree, not more than four thousand dollars;
(10) For a misdemeanor of the third degree, not more than three thousand dollars;
(11) For a misdemeanor of the fourth degree, not more than two thousand dollars;
(12) For a minor misdemeanor, not more than one thousand dollars;
(13) For a felony not specifically classified, not more than ten thousand dollars;
(14) For a misdemeanor not specifically classified, not more than two thousand dollars;
(15) For a minor misdemeanor not specifically classified, not more than one thousand dollars.
(B) When an organization is convicted of an offense that is not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then the penalty so provided shall be imposed in lieu of the penalty provided in this section.
(C) When an organization is convicted of an offense that is not specifically classified, and the penalty provided includes a higher fine than the fine that is provided in this section, then the penalty imposed shall be pursuant to the penalty provided for the violation of the section defining the offense.
(D) This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to section 2901.23 of the Revised Code, either in addition to or in lieu of a fine imposed pursuant to this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2929 | Penalties and Sentencing › Section 2929.36 | Confinement Costs Definitions.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
As used in sections 2929.36 to 2929.38 of the Revised Code:
(A) "Chief legal officer" includes a prosecuting attorney, village solicitor, city director of law, and attorney for a district of a joint city and county workhouse or county workhouse.
(B) "Clerk of the appropriate court" or "appropriate court clerk" means whichever of the following applies:
(1) If the local detention facility in question is a multicounty correctional center, multicounty-municipal correctional center, district community-based correctional facility, or district workhouse, the clerk of the court of common pleas of the most populous county served by the local detention facility;
(2) If the local detention facility in question is a city workhouse, the clerk of the municipal court for that city;
(3) If neither (B)(1) nor (B)(2) of this section applies, the clerk of the court of common pleas of the county in which the local detention facility in question is located.
(C) "Homestead" has the same meaning as in division (A) of section 323.151 of the Revised Code.
(D) "Inmate account" has the same meaning as in section 2969.21 of the Revised Code.
(E) "Local detention facility" means a multicounty correctional center, municipal-county correctional center, multicounty-municipal correctional center, community-based correctional facility, district community-based correctional facility, jail, county jail, municipal or county prison, station house, workhouse, city workhouse, county workhouse, joint city and county workhouse, and district workhouse.