Ohio § 2152.02

§ 2152.02.

As used in this chapter: (A) “ Act charged ” means the act that is identified in a complaint, indictment, or information alleging

that a child is a delinquent child. (B) “ Admitted to a department of youth services facility ” includes admission to a facility operated, or contracted for, by the department

and admission to a comparable facility outside this state by another state or the

United States. (C)(1) “ Child ” means a person who is under eighteen years of age, except as otherwise provided

in divisions (C)(2) to (8) of this section. (2) Subject to division (C)(3) of this section, any person who violates a federal or

state law or a municipal ordinance prior to attaining eighteen years of age shall

be deemed a “child” irrespective of that person's age at the time the complaint with

respect to that violation is filed or the hearing on the complaint is held. (3) Any person who, while under eighteen years of age, commits an act that would be a

felony if committed by an adult and who is not taken into custody or apprehended for

that act until after the person attains twenty-one years of age is not a child in

relation to that act. (4) Except as otherwise provided in divisions (C)(5) and (7) of this section, any person

whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code shall be deemed after the transfer not to be a child in the transferred case. (5) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case, unless

a serious youthful offender dispositional sentence is imposed on the child for that

offense under division (B)(2) or (3) of section 2152.121 of the Revised Code and the

adult portion of that sentence is not invoked pursuant to section 2152.14 of the Revised Code , and any person who is adjudicated a delinquent child for the commission of an act,

who has a serious youthful offender dispositional sentence imposed for the act pursuant

to section 2152.13 of the Revised Code , and whose adult portion of the dispositional sentence is invoked pursuant to section 2152.14 of the Revised Code , shall be deemed after the conviction, plea, or invocation not to be a child in any

case in which a complaint is filed against the person. (6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent

child or juvenile traffic offender prior to attaining eighteen years of age until

the person attains twenty-one years of age, and, for purposes of that jurisdiction

related to that adjudication, except as otherwise provided in this division, a person

who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed

a “child” until the person attains twenty-one years of age.  If a person is so adjudicated a delinquent child or juvenile traffic offender and

the court makes a disposition of the person under this chapter, at any time after

the person attains twenty-one years of age, the places at which the person may be

held under that disposition are not limited to places authorized under this chapter

solely for confinement of children, and the person may be confined under that disposition,

in accordance with division (F)(2) of section 2152.26 of the Revised Code , in places other than those authorized under this chapter solely for confinement

of children. (7) The juvenile court has jurisdiction over any person whose case is transferred for

criminal prosecution solely for the purpose of detaining the person as authorized

in division (F)(1) or (4) of section 2152.26 of the Revised Code unless the person

is convicted of or pleads guilty to a felony in the adult court. (8) Any person who, while eighteen years of age, violates division (A)(1) or (2) of section

2919.27 of the Revised Code by violating a protection order issued or consent agreement

approved under section 2151.34 or 3113.31 of the Revised Code shall be considered a child for the purposes of that violation of section 2919.27 of the Revised Code . (D) “Community corrections facility,” “public safety beds,” “release authority,” and

“supervised release” have the same meanings as in section 5139.01 of the Revised Code . (E) “ Delinquent child ” includes any of the following: (1) Any child, except a juvenile traffic offender, who violates any law of this state

or the United States, or any ordinance of a political subdivision of the state, that

would be an offense if committed by an adult; (2) Any child who violates any lawful order of the court made under this chapter, including

a child who violates a court order regarding the child's prior adjudication as an

unruly child for being an habitual truant; (3) Any child who violates any lawful order of the court made under Chapter 2151. of

the Revised Code other than an order issued under section 2151.87 of the Revised Code ; (4) Any child who violates division (C) of section 2907.39 , division (A) of section 2923.211, or division (C)(1) or (D) of section 2925.55 of the Revised Code . (F) “ Discretionary serious youthful offender ” means a person who is eligible for a discretionary SYO and who is not transferred

to adult court under a mandatory or discretionary transfer. (G) “ Discretionary SYO ” means a case in which the juvenile court, in the juvenile court's discretion, may

impose a serious youthful offender disposition under section 2152.13 of the Revised Code . (H) “ Discretionary transfer ” means that the juvenile court has discretion to transfer a case for criminal prosecution

under division (B) of section 2152.12 of the Revised Code . (I) “Drug abuse offense,” “felony drug abuse offense,” and “minor drug possession offense”

have the same meanings as in section 2925.01 of the Revised Code . (J) “Electronic monitoring” and “electronic monitoring device” have the same meanings

as in section 2929.01 of the Revised Code . (K) “ Economic loss ” means any economic detriment suffered by a victim of a delinquent act or juvenile

traffic offense as a direct and proximate result of the delinquent act or juvenile

traffic offense and includes any loss of income due to lost time at work because of

any injury caused to the victim and any property loss, medical cost, or funeral expense

incurred as a result of the delinquent act or juvenile traffic offense.  “Economic loss” does not include non-economic loss or any punitive or exemplary

damages. (L) “Firearm” has the same meaning as in section 2923.11 of the Revised Code . (M) “Intellectual disability” has the same meaning as in section 5123.01 of the Revised Code . (N) “ Juvenile traffic offender ” means any child who violates any traffic law, traffic ordinance, or traffic regulation

of this state, the United States, or any political subdivision of this state, other

than a resolution, ordinance, or regulation of a political subdivision of this state

the violation of which is required to be handled by a parking violations bureau or

a joint parking violations bureau pursuant to Chapter 4521. of the Revised Code. (O) A “legitimate excuse for absence from the public school the child is supposed to

attend” has the same meaning as in section 2151.011 of the Revised Code . (P) “ Mandatory serious youthful offender ” means a person who is eligible for a mandatory SYO and who is not transferred to

adult court under a mandatory or discretionary transfer and also includes, for purposes

of imposition of a mandatory serious youthful dispositional sentence under section 2152.13 of the Revised Code , a person upon whom a juvenile court is required to impose such a sentence under division (B)(3) of section 2152.121 of the Revised Code . (Q) “ Mandatory SYO ” means a case in which the juvenile court is required to impose a mandatory serious

youthful offender disposition under section 2152.13 of the Revised Code . (R) “ Mandatory transfer ” means that a case is required to be transferred for criminal prosecution under division (A) of section 2152.12 of the Revised Code . (S) “Mental illness” has the same meaning as in section 5122.01 of the Revised Code . (T) “Monitored time” and “repeat violent offender” have the same meanings as in section 2929.01 of the Revised Code . (U) “Of compulsory school age” has the same meaning as in section 3321.01 of the Revised Code . (V) “Public record” has the same meaning as in section 149.43 of the Revised Code . (W) “ Serious youthful offender ” means a person who is eligible for a mandatory SYO or discretionary SYO but who

is not transferred to adult court under a mandatory or discretionary transfer and

also includes, for purposes of imposition of a mandatory serious youthful dispositional

sentence under section 2152.13 of the Revised Code , a person upon whom a juvenile court is required to impose such a sentence under division (B)(3) of section 2152.121 of the Revised Code . (X) “Sexually oriented offense,” “juvenile offender registrant,” “child-victim oriented

offense,” “tier I sex offender/child-victim offender,” “tier II sex offender/child-victim

offender,” “tier III sex offender/child-victim offender,” and “public registry-qualified

juvenile offender registrant” have the same meanings as in section 2950.01 of the Revised Code . (Y) “ Traditional juvenile ” means a case that is not transferred to adult court under a mandatory or discretionary

transfer, that is eligible for a disposition under sections 2152.16 , 2152.17 , 2152.19 , and 2152.20 of the Revised Code , and that is not eligible for a disposition under section 2152.13 of the Revised Code . (Z) “ Transfer ” means, except with respect to a transfer from a criminal court to a juvenile court

under section 2152.03 or 2152.121 of the Revised Code , the transfer for criminal prosecution of a case that includes a charge alleging

that a child is a delinquent child for committing an act that would be an offense

if committed by an adult from the juvenile court to the appropriate court that has

jurisdiction of the offense. (AA) “ Category one offense ” means any of the following: (1) A violation of section 2903.01 or 2903.02 of the Revised Code ; (2) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder. (BB) “ Category two offense ” means any of the following: (1) A violation of section 2903.03 , 2905.01 , 2907.02 , 2909.02 , 2911.01 , or 2911.11 of the Revised Code ; (2) A violation of section 2903.04 of the Revised Code that is a felony of the first degree; (3) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996. (CC) “ Non-economic loss ” means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic

offense as a result of or related to the delinquent act or juvenile traffic offense,

including, but not limited to, pain and suffering;  loss of society, consortium, companionship,

care, assistance, attention, protection, advice, guidance, counsel, instruction, training,

or education;  mental anguish;  and any other intangible loss.