reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1410 | Major Drug Offender Specification.

Effective:
October 31, 2018
Latest Legislation:
Senate Bill 1 - 132nd General Assembly
(A) Except as provided in sections 2925.03 and 2925.11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug offender. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender is a major drug offender)."
(B) Imposition of a three, four, five, six, seven, or eight-year mandatory prison term upon an offender under division (B)(11) of section 2929.14 of the Revised Code, pursuant to determination by a court that an offender is a major drug offender, is precluded unless the indictment, count in the indictment, or information charging the offender with the violation of section 2925.03, 2925.05, or 2925.11 of the Revised Code specifies that the offender is a major drug offender and that the drug involved in the violation is a fentanyl-related compound or a compound, mixture, preparation, or substance containing a fentanyl-related compound. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender is a major drug offender and the drug involved in the violation is a fentanyl-related compound or a compound, mixture, preparation, or substance containing a fentanyl-related compound)."
(C) The court shall determine the issue of whether an offender is a major drug offender.
(D) As used in this section, "major drug offender" has the same meaning as in section 2929.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1411 | Offender Wore or Carried Body Armor Specification.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) Imposition of a two-year mandatory prison term upon an offender under division (B)(1)(d) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender wore or carried body armor while committing the offense and that the offense is an offense of violence that is a felony. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender wore or carried body armor while committing the specified offense and that the specified offense is an offense of violence that is a felony)."
(B) As used in this section, "body armor" means any vest, helmet, shield, or similar item that is designed or specifically carried to diminish the impact of a bullet or projectile upon the offender's body.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1412 | Discharged Firearm at Peace Officer or Corrections Officer Specification.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
(A) Imposition of a seven-year mandatory prison term upon an offender under division (B)(1)(f) (i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).
The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense)."
(B) Imposition of a mandatory prison term of one hundred twenty-six months upon an offender under division (B)(1)(f)(ii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be substantially in the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).
The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender discharged a firearm at a peace officer or corrections officer while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code)."
(C) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(3) "Corrections officer" means a person employed by a detention facility as a corrections officer.
(4) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1413 | Mandatory Additional Prison Term for Felony Ovi Violation Precluded Unless Charging Instrument Specifies Prior Convictions.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Imposition of a mandatory additional prison term of one, two, three, four, or five years upon an offender under division (G)(2) of section 2929.13 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging a felony violation of division (A) of section 4511.19 of the Revised Code specifies that either:
(1) The offender, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more equivalent offenses ;
(2) The offender previously has been convicted of or pleaded guilty to a specification of the type described in this section.
(B) The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender, within twenty years of committing the offense, previously had been convicted of or pleaded guilty to five or more equivalent offenses or previously has been convicted of or pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code)."
(C) As used in this section, "equivalent offense" has the same meaning as in section 4511.181 of the Revised Code.
Last updated March 9, 2023 at 9:08 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1414 | Peace Officer Victim of Aggravated Vehicular Homicide Specification.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Imposition of a five-year mandatory prison term upon an offender under division (B)(5) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to violating division (A)(1) or (2) of section 2903.06 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies that the victim of the offense is a peace officer, an investigator of the bureau of criminal identification and investigation, a firefighter, or an emergency medical worker. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the victim of the offense is a peace officer, an investigator of the bureau of criminal identification and investigation, a firefighter, or an emergency medical worker)."
(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(C) As used in this section:
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Investigator of the bureau of criminal identification and investigation" has the same meaning as in section 2903.11 of the Revised Code.
(3) "Firefighter" and "emergency medical worker" have the same meanings as in section 4123.026 of the Revised Code.
Last updated March 8, 2023 at 11:37 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1415 | Multiple Ovi Violations Specification.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(6) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to violating division (A)(1) or (2) of section 2903.06 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies that the offender previously has been convicted of or pleaded guilty to three or more violations of division (A) of section 4511.19 of the Revised Code or an equivalent offense, or three or more violations of any combination of those offenses. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender previously has been convicted of or pleaded guilty to three or more violations of division (A) of section 4511.19 of the Revised Code or an equivalent offense, or three or more violations of any combination of those offenses)."
(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(C) As used in this section, "equivalent offense" has the same meaning as in section 4511.181 of the Revised Code.
Last updated March 8, 2023 at 11:37 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1417 | Property Subject to Forfeiture - Indictment Specifications.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
(A) Property is not subject to forfeiture in a criminal case unless the indictment, count in the indictment, or information charging the offense specifies, to the extent it is reasonably known at the time of filing, the nature and extent of the alleged offender's interest in the property, a description of the property, and, if the property is alleged to be an instrumentality, the alleged use or intended use of the property in the commission or facilitation of the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:
"SPECIFICATION (or SPECIFICATION TO THE FIRST COUNT). The grand jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth the alleged offender's interest in the property, a description of the property subject to forfeiture, and any alleged use or intended use of the property in the commission or facilitation of the offense)."
(B) The trier of fact shall determine whether the property is subject to forfeiture.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1418 | Rape - Offender Age Specification.

Effective:
January 2, 2007
Latest Legislation:
Senate Bill 260 - 126th General Assembly
(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years upon an offender pursuant to division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that the offender was sixteen years of age or older at the time of the commission of the offense and that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code.
(B) The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender was sixteen years of age or older at the time of the commission of the offense and that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code)."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1419 | Rape - Victim Age Specification.

Effective:
January 2, 2007
Latest Legislation:
Senate Bill 260 - 126th General Assembly
Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code and specifies that one of the following applies:
(A) The victim was under ten years of age.
(B) The offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense.
The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and the victim was under ten years of age or the offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense)."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1421 | School Proximity Specification for Certain Sex Offenses.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Imposition of an additional prison term of one, two, three, four, five, or six months under division (H)(2)(a)(i) of section 2929.14 of the Revised Code, an additional prison term of one, two, three, four, five, six, seven, eight, nine, ten, eleven, or twelve months under division (H)(2)(a)(ii) of section 2929.14 of the Revised Code, an additional definite jail term of not more than sixty days under division (E)(1)(a) of section 2929.24 of the Revised Code, or an additional definite jail term of not more than one hundred twenty days under division (E)(1)(b) of section 2929.24 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging a felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code or a misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code, whichever is applicable, specifies that the violation was committed in proximity to a school. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the specified offense was committed in proximity to a school).
(B) As used in this section, "committed in proximity to a school" has the same meaning as in section 2929.01 of the Revised Code.
Last updated March 8, 2023 at 11:38 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1422 | Mandatory Prison Term - Furtherance of Human Trafficking.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) Imposition of a mandatory prison term under division (B)(7) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies that the offender knowingly committed the offense in furtherance of human trafficking. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the defendant knowingly committed the offense in furtherance of human trafficking)."
(B) As used in this section, "human trafficking" has the same meaning as in section 2929.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1423 | Mandatory Prison Term - Pregnancy Known to Offender.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
Imposition of a mandatory prison term under division (B)(8) of section 2929.14 of the Revised Code or a mandatory jail term under division (E) of section 2929.24 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies the victim of the offense was a woman whom the offender knew was pregnant at the time of the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the victim of the offense was a woman whom the defendant knew was pregnant at the time of the offense)."
Last updated March 8, 2023 at 11:39 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1424 | Specification of Violent Career Criminal.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
(A) The imposition of a mandatory prison term of two, three, four, five, six, seven, eight, nine, ten, or eleven years upon an offender under division (K) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to committing a violent felony offense and unless the indictment, count in the indictment, or information charging the offense specifies that the offender is a violent career criminal and had a firearm on or about the offender's person or under the offender's control while committing the presently charged violent felony offense and displayed or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).
The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender is a violent career criminal and did have a firearm on or about the offender's person or under the offender's control while committing the presently charged violent felony offense and displayed or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate the offense.)"
(B) A court may not impose more than one sentence under division (C) of section 2923.132 of the Revised Code and division (K) of section 2929.14 of the Revised Code for acts committed as part of the same act or transaction.
(C) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(2) "Violent career criminal" and "violent felony offense" have the same meanings as in section 2923.132 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1425 | Use of Accelerant in Committing Violent Felony.

Effective:
October 17, 2017
Latest Legislation:
House Bill 63 - 132nd General Assembly
(A) Imposition of a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies one of the following:
(1) Regarding a violation of division (A)(1) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation and that the serious physical harm to another or to another's unborn caused by the violation resulted in a permanent, serious disfigurement or permanent, substantial incapacity ;
(2) Regarding a violation of division (A)(2) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation, that the violation caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity.
(B) The specification described in division (A) of this section shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender used an accelerant in committing the violation and tha t the serious physical harm to another or to another's unborn caused by the violation of division (A)(1) of section 2903.11 of the Revised Code resulted in a permanent, serious disfigurement or permanent, substantial incapacity, or that the offender used an accelerant in committing the violation, that the violation of division (A)(2) of section 2903.11 of the Revised Code caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity, whichever is applicable)."
(C) As used in this section, "accelerant" has the same meaning as in section 2929.01 of the Revised Code.
(D) The provisions of this section and of division (D)(2) of section 2903.11, division (F)(20) of section 2929.13, and d ivisions (B)(9) and (C)(6) of section 2929.14 of the Revised Code shall be known as "Judy's Law."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.1426 | Imposition of Mandatory Sentence Under r.c. 2929.14.

Effective:
March 20, 2019
Latest Legislation:
Senate Bill 20 - 132nd General Assembly
(A) Imposition of a mandatory prison term of six years upon an offender under division (B)(10) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A) of section 2903.11 of the Revised Code and unless the indictment, count, or information charging the offense specifies that the victim of the offense suffered permanent disabling harm as a result of the offense and that the victim was under ten years of age at the time of the offense, regardless of whether the offender knew the age of the victim. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the victim of the offense suffered permanent disabling harm as a result of the offense and that the victim was under ten years of age at the time of the offense, regardless of whether the offender knew the age of the victim)."
(B) Imposition of a mandatory prison term of six years upon an offender under division (B)(10) of section 2929.14 of the Revised Code is precluded if a court imposes any other additional prison term on the offender relative to the same offense.
(C) As used in this section, "permanent disabling harm" has the same meaning as in section 2929.01 of the Revised Code.
Last updated January 9, 2024 at 2:42 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.15 | Sufficiency of Indictment or Information for Forgery.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment or information for falsely making, altering, forging, printing, photographing, uttering, disposing of, or putting off an instrument, it is sufficient to set forth the purport and value thereof. Where the instrument is a promise to pay money conditionally, it is not necessary to allege that the condition has been performed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.16 | Description of Forgery Materials Sufficient.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment or information for engraving or making the whole or part of an instrument, matter, or thing, or for using or having the unlawful custody or possession of a plate or other material upon which the whole or part of an instrument, matter, or thing was engraved or made, or for having the unlawful custody or possession of a paper upon which the whole or part of an instrument, matter, or thing was made or printed, it is sufficient to describe such instrument, matter, or thing by any name or designation by which it is usually known.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.17 | Description of Writing by Usual Name or Purport.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
In all cases when it is necessary to make an averment in an indictment or information as to a writing, instrument, tool, or thing, it is sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.18 | Perjury or Falsification Allegations.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
In an indictment or information for perjury or falsification, it is not necessary to set forth any part of a record or proceeding, or the commission or authority of the court or other authority before which perjury or falsification was committed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.19 | Allegations Involving Intent to Defraud.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
It is sufficient in an indictment or information where it is necessary to allege an intent to defraud, to allege that the accused did the act with intent to defraud, without alleging an intent to defraud a particular person or corporation. On the trial of such an indictment or information, an intent to defraud a particular person need not be proved. It is sufficient to prove that the accused did the act charged with intent to defraud.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.20 | Allegations Involving Sale, Possession, Transportation, Buying, or Giving Intoxicating Liquor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An indictment, information, or affidavit charging a violation of law relative to the sale, possession, transportation, buying, or giving intoxicating liquor to any person, need not allege the kind of liquor sold, nor the person by whom bought except that such charge must be sufficient to inform the accused of the particular offense with which he is charged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.21 | Allegations Involving Property Belonging to Partners or Joint Owners.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment or information for an offense committed upon, or in relation to, property belonging to partners or joint owners, it is sufficient to allege the ownership of such property to be in such partnership by its firm name, or in one or more of such partners or owners without naming all of them.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.22 | Allegations Involving Ownership or Value of Will, Codicil, or Other Testamentary Instrument.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment or information for stealing a will, codicil, or other testamentary instrument, or for forgery thereof, or, for a fraudulent purpose, keeping, destroying, or secreting it, whether in relation to real or personal property, or during the life of a testator or after his death, it is not necessary to allege the ownership or value thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.23 | Allegations Involving Elections.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment or information for an offense committed in relation to an election, it is sufficient to allege that such election was authorized by law, without stating the names of the officers holding it or the person voted for or the offices to be filled at the election.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.25 | Allied Offenses of Similar Import - Multiple Counts.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
(A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only one.
(B) Where the defendant's conduct constitutes two or more offenses of dissimilar import, or where his conduct results in two or more offenses of the same or similar kind committed separately or with a separate animus as to each, the indictment or information may contain counts for all such offenses, and the defendant may be convicted of all of them.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.26 | Variance Between Indictment and Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, on the trial of an indictment or information, there appears to be a variance between the statement in such indictment or information and the evidence offered in proof thereof, in the Christian name or surname, or other description of a person therein named or described, or in the name or description of a matter or thing therein named or described, such variance is not ground for an acquittal of the defendant unless the court before which the trial is had finds that such variance is material to the merits of the case or may be prejudicial to the defendant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.27 | Plea in Abatement or Other Dilatory Plea.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No plea in abatement, or other dilatory plea to the indictment or information, shall be received by any court unless the party offering such plan proves the truth thereof by affidavit, or by some other sworn evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.28 | Misjoinder of Parties or Offenses Not Grounds for Dismissal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No indictment or information shall be quashed, set aside, or dismissed for any of the following defects:
(A) That there is a misjoinder of the parties accused;
(B) That there is a misjoinder of the offenses charged in the indictment or information, or duplicity therein;
(C) That any uncertainty exists therein.
If the court is of the opinion that either defect referred to in division (A) or (B) of this section exists in any indictment or information, it may sever such indictment or information into separate indictments or informations or into separate counts.
If the court is of the opinion that the defect referred to in division (C) of this section exists in the indictment or information, it may order the indictment or information amended to cure such defect, provided no change is made in the name or identity of the crime charged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.29 | Objection to Defect in Indictment or Information.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No indictment or information shall be quashed, set aside, or dismissed, or motion to quash be sustained, or any motion for delay of sentence for the purpose of review be granted, nor shall any conviction be set aside or reversed on account of any defect in form or substance of the indictment or information, unless the objection to such indictment or information, specifically stating the defect claimed, is made prior to the commencement of the trial, or at such time thereafter as the court permits.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.30 | Amending Indictment, Information, or Bill of Particulars.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court may at any time before, during, or after a trial amend the indictment, information, or bill of particulars, in respect to any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made in the name or identity of the crime charged. If any amendment is made to the substance of the indictment or information or to cure a variance between the indictment or information and the proof, the accused is entitled to a discharge of the jury on his motion, if a jury has been impaneled, and to a reasonable continuance of the cause, unless it clearly appears from the whole proceedings that he has not been misled or prejudiced by the defect or variance in respect to which the amendment is made, or that his rights will be fully protected by proceeding with the trial, or by a postponement thereof to a later day with the same or another jury. In case a jury is discharged from further consideration of a case under this section, the accused was not in jeopardy. No action of the court in refusing a continuance or postponement under this section is reviewable except after motion to and refusal by the trial court to grant a new trial therefor, and no appeal based upon such action of the court shall be sustained, nor reversal had, unless from consideration of the whole proceedings, the reviewing court finds that the accused was prejudiced in his defense or that a failure of justice resulted.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.31 | Quashed Indictment - Nolle Prosequi.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In criminal prosecutions, when the indictment or information has been quashed or the prosecuting attorney has entered a nolle prosequi thereon, or the cause or indictment is disposed of otherwise than upon trial, a complete record shall not be made by the clerk of the court of common pleas unless ordered to do so by the court of common pleas.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.32 | Two or More Indictments Pending.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If two or more indictments or informations are pending against the same defendant for the same criminal act, the prosecuting attorney must elect upon which he will proceed, and upon trial being had upon one of them, the remaining indictments or information shall be quashed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.33 | Nolle Prosequi How Entered.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The prosecuting attorney shall not enter a nolle prosequi in any cause without leave of the court, on good cause shown, in open court. A nolle prosequi entered contrary to this section is invalid.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.34 | Indictment or Information Mutilated, Obliterated, Lost, Mislaid, or Destroyed.

Effective:
September 16, 1957
Latest Legislation:
House Bill 702 - 102nd General Assembly
If an indictment or information is mutilated, obliterated, lost, mislaid, destroyed, or stolen, or for any other reason cannot be produced at the arraignment or trial of the defendant, the court may substitute a copy.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.35 | Misdemeanor Prosecutions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Prosecutions for misdemeanors may be instituted by a prosecuting attorney by affidavit or such other method as is provided by law in such courts as have original jurisdiction in misdemeanors. Laws as to form, sufficiency, amendments, objections, and exceptions to indictments and as to the service thereof apply to such affidavits and warrants issued thereon.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.36 | Issuing Arrest Warrants.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A warrant may be issued at any time by an order of a court, or on motion of a prosecuting attorney after the indictment, information, or affidavit is filed. When directed to the sheriff of the county where such indictment was found or information or affidavit filed, he may pursue and arrest the accused in any county and commit him to jail or present him in open court, if court is in session.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.37 | Warrant When Accused Resides Out of County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an accused resides out of the county in which the indictment was found or information filed, a warrant may issue thereon, directed to the sheriff of the county where such accused resides or is found. Such sheriff shall arrest the accused and convey him to the county from which such warrant was issued, and there commit him to jail or present him in open court, if court is in session.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.38 | Warrant When Accused Escapes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an accused escapes and forfeits his recognizance after the jury is sworn, a warrant reciting the facts may issue at the request of the prosecuting attorney, to the sheriff of any county, who shall pursue, arrest, and commit the accused to the jail of the county from which such warrant issued, until he is discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.39 | Indictment of Convict in a State Correctional Institution.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
When a convict in a state correctional institution is indicted for a felony committed while confined in the correctional institution, the convict shall remain in the custody of the department of rehabilitation and correction, subject to sections 2941.40 to 2941.46 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.40 | Convicts Removed to County for Sentence or Trial.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
A convict in a state correctional institution, who escaped, forfeited his recognizance before receiving sentence for a felony, or against whom an indictment or information for felony is pending, may be removed to the county in which the conviction was had or the indictment or information was pending for sentence or trial, upon the warrant of the court of common pleas of the county.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.401 | Request for a Final Disposition on Pending Charges by Prisoner.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
When a person has entered upon a term of imprisonment in a correctional institution of this state, and when during the continuance of the term of imprisonment there is pending in this state any untried indictment, information, or complaint against the prisoner, the prisoner shall be brought to trial within one hundred eighty days after the prisoner causes to be delivered to the prosecuting attorney and the appropriate court in which the matter is pending, written notice of the place of the prisoner's imprisonment and a request for a final disposition to be made of the matter, except that for good cause shown in open court, with the prisoner or the prisoner's counsel present, the court may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the warden or superintendent having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time served and remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the adult parole authority relating to the prisoner.
The written notice and request for final disposition shall be given or sent by the prisoner to the warden or superintendent having custody of the prisoner, who shall promptly forward it with the certificate to the appropriate prosecuting attorney and court by registered or certified mail, return receipt requested. If the appropriate prosecuting attorney and agency having custody of the prisoner have previously agreed, then the written notice, request, and certificate may be sent by electronic mail or facsimile, in lieu of registered mail or certified mail.
The warden or superintendent having custody of the prisoner shall promptly inform the prisoner in writing of the source and contents of any untried indictment, information, or complaint against the prisoner, concerning which the warden or superintendent has knowledge, and of the prisoner's right to make a request for final disposition thereof.
Escape from custody by the prisoner, subsequent to the prisoner's execution of the request for final disposition, voids the request.
If the action is not brought to trial within the time provided, subject to continuance allowed pursuant to this section, no court any longer has jurisdiction thereof, the indictment, information, or complaint is void, and the court shall enter an order dismissing the action with prejudice.
This section does not apply to any person adjudged to be mentally ill or who is under sentence of life imprisonment or death, or to any prisoner under sentence of death.
Last updated August 9, 2023 at 3:11 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.41 | Request for a Final Disposition on Pending Charges by Prisoner - Warrant.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
A warrant for removal specified in section 2941.40 of the Revised Code shall be in the usual form, except that it shall set forth that the accused is in a state correctional institution. The warrant shall be directed to the sheriff of the county in which the conviction was had or the indictment or information is pending. When a copy of the warrant is presented to the warden or the superintendent of a state correctional institution, he shall deliver the convict to the sheriff who shall convey him to the county and commit him to the county jail. For removing and returning the convict, the sheriff shall receive the fees allowed for conveying convicts to a state correctional institution.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.42 | Request for a Final Disposition on Pending Charges by Prisoner - Confinement.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
A convict removed as provided by section 2941.41 of the Revised Code shall be kept in jail subject to be taken into court for sentence or trial. If the case is continued or the execution of the sentence is suspended, the court may order him to be returned to the state correctional institution by the sheriff, who shall deliver him, with a certified copy of the order, to the warden, who shall again deliver the convict to the sheriff upon another certified order of the court.