Ohio § 2929.12

§ 2929.12.

(A) Unless otherwise required by section 2929.13 or 2929.14 of the Revised Code , a court that imposes a sentence under this chapter upon an offender for a felony

has discretion to determine the most effective way to comply with the purposes and

principles of sentencing set forth in section 2929.11 of the Revised Code .  In exercising that discretion, the court shall consider the factors set forth in

divisions (B) and (C) of this section relating to the seriousness of the conduct,

the factors provided in divisions (D) and (E) of this section relating to the likelihood

of the offender's recidivism, the factors set forth in division (F) of this section

pertaining to the offender's service in the armed forces of the United States, and

the factors set forth in division (G) of this section relating to Alford pleas and,

in addition, may consider any other factors that are relevant to achieving those purposes

and principles of sentencing. (B) The sentencing court shall consider all of the following that apply regarding the

offender, the offense, or the victim, and any other relevant factors, as indicating

that the offender's conduct is more serious than conduct normally constituting the

offense: (1) The physical or mental injury suffered by the victim of the offense due to the conduct

of the offender was exacerbated because of the physical or mental condition or age

of the victim. (2) The victim of the offense suffered serious physical, psychological, or economic harm,

including serious physical harm the victim caused to the victim's self, as a result

of the offense. (3) The victim died by suicide as a result of the offense. (4) The offender held a public office or position of trust in the community, and the

offense related to that office or position. (5) The offender's occupation, elected office, or profession obliged the offender to

prevent the offense or bring others committing it to justice. (6) The offender's professional reputation or occupation, elected office, or profession

was used to facilitate the offense or is likely to influence the future conduct of

others. (7) The offender's relationship with the victim facilitated the offense. (8) The offender committed the offense for hire or as a part of an organized criminal

activity. (9) In committing the offense, the offender was motivated by prejudice based on race,

ethnic background, gender, sexual orientation, or religion. (10) If the offense is a violation of section 2919.25 or a violation of section 2903.11 , 2903.12 , or 2903.13 of the Revised Code involving a person who was a family or household member at the time of the violation,

the offender committed the offense in the vicinity of one or more children who are

not victims of the offense, and the offender or the victim of the offense is a parent,

guardian, custodian, or person in loco parentis of one or more of those children. (C) The sentencing court shall consider all of the following that apply regarding the

offender, the offense, or the victim, and any other relevant factors, as indicating

that the offender's conduct is less serious than conduct normally constituting the

offense: (1) The victim induced or facilitated the offense. (2) In committing the offense, the offender acted under strong provocation. (3) In committing the offense, the offender did not cause or expect to cause physical

harm to any person or property. (4) There are substantial grounds to mitigate the offender's conduct, although the grounds

are not enough to constitute a defense. (D) The sentencing court shall consider all of the following that apply regarding the

offender, and any other relevant factors, as factors indicating that the offender

is likely to commit future crimes: (1) At the time of committing the offense, the offender was under release from confinement

before trial or sentencing;  was under a sanction imposed pursuant to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code ;  was under post-release control pursuant to section 2967.28 or any other provision

of the Revised Code for an earlier offense or had been unfavorably terminated from

post-release control for a prior offense pursuant to division (B) of section 2967.16 or section 2929.141 of the Revised Code ;  was under transitional control in connection with a prior offense;  or had absconded

from the offender's approved community placement resulting in the offender's removal

from the transitional control program under section 2967.26 of the Revised Code . (2) The offender previously was adjudicated a delinquent child pursuant to Chapter 2151.

of the Revised Code prior to January 1, 2002, or pursuant to Chapter 2152. of the

Revised Code, or the offender has a history of criminal convictions. (3) The offender has not been rehabilitated to a satisfactory degree after previously

being adjudicated a delinquent child pursuant to Chapter 2151. of the Revised Code

prior to January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, or the

offender has not responded favorably to sanctions previously imposed for criminal

convictions. (4) The offender has demonstrated a pattern of drug or alcohol abuse that is related

to the offense, and the offender refuses to acknowledge that the offender has demonstrated

that pattern, or the offender refuses treatment for the drug or alcohol abuse. (5) The offender shows no genuine remorse for the offense. (E) The sentencing court shall consider all of the following that apply regarding the

offender, and any other relevant factors, as factors indicating that the offender

is not likely to commit future crimes: (1) Prior to committing the offense, the offender had not been adjudicated a delinquent

child. (2) Prior to committing the offense, the offender had not been convicted of or pleaded

guilty to a criminal offense. (3) Prior to committing the offense, the offender had led a law-abiding life for a significant

number of years. (4) The offense was committed under circumstances not likely to recur. (5) Except as provided in division (G) of this section, the offender shows genuine remorse

for the offense. (F) The sentencing court shall consider the offender's military service record and whether

the offender has an emotional, mental, or physical condition that is traceable to

the offender's service in the armed forces of the United States and that was a contributing

factor in the offender's commission of the offense or offenses. (G) If the offender enters an Alford plea, the sentencing court shall not consider whether

the offender showed genuine remorse for the offense.