Ohio § 2929.14

§ 2929.14.

(A) Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7),

(B)(8), (B)(9), (B)(10), (B)(11), (E), (G), (H), (J), or (K) of this section or in division (D)(6) of section 2919.25 of the Revised Code and except in relation to an offense for which a sentence of death or life imprisonment

is to be imposed, if the court imposing a sentence upon an offender for a felony elects

or is required to impose a prison term on the offender pursuant to this chapter, the

court shall impose a prison term that shall be one of the following: (1)(a) For a felony of the first degree committed on or after March 22, 2019, the prison

term shall be an indefinite prison term with a stated minimum term selected by the

court of three, four, five, six, seven, eight, nine, ten, or eleven years and a maximum

term that is determined pursuant to section 2929.144 of the Revised Code , except that if the section that criminalizes the conduct constituting the felony

specifies a different minimum term or penalty for the offense, the specific language

of that section shall control in determining the minimum term or otherwise sentencing

the offender but the minimum term or sentence imposed under that specific language

shall be considered for purposes of the Revised Code as if it had been imposed under

this division. (b) For a felony of the first degree committed prior to March 22, 2019, the prison term

shall be a definite prison term of three, four, five, six, seven, eight, nine, ten,

or eleven years. (2)(a) For a felony of the second degree committed on or after March 22, 2019, the prison

term shall be an indefinite prison term with a stated minimum term selected by the

court of two, three, four, five, six, seven, or eight years and a maximum term that

is determined pursuant to section 2929.144 of the Revised Code , except that if the section that criminalizes the conduct constituting the felony

specifies a different minimum term or penalty for the offense, the specific language

of that section shall control in determining the minimum term or otherwise sentencing

the offender but the minimum term or sentence imposed under that specific language

shall be considered for purposes of the Revised Code as if it had been imposed under

this division. (b) For a felony of the second degree committed prior to March 22, 2019, the prison term

shall be a definite term of two, three, four, five, six, seven, or eight years. (3)(a) For a felony of the third degree that is a violation of section 2903.06 , 2903.08 , 2907.03 , 2907.04 , 2907.05 , 2907.321 , 2907.322 , 2907.323 , 2919.25 , or 3795.04 of the Revised Code , that is a violation of division (A) of section 4511.19 of the Revised Code if the offender previously has been convicted of or pleaded guilty to a violation

of division (A) of that section that was a felony, that is a violation of section 2911.02 or 2911.12 of the Revised Code if the offender previously has been convicted of or pleaded guilty in two or more

separate proceedings to two or more violations of section 2911.01 , 2911.02 , 2911.11 , or 2911.12 of the Revised Code , or that is a violation of division (B) of section 2921.331 of the Revised Code if division (C)(5) of that section applies, the prison term shall be a definite term

of twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty-four,

or sixty months. (b) For a felony of the third degree that is not an offense for which division (A)(3)(a)

of this section applies, the prison term shall be a definite term of nine, twelve,

eighteen, twenty-four, thirty, or thirty-six months. (4) For a felony of the fourth degree, the prison term shall be a definite term of six,

seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen,

or eighteen months. (5) For a felony of the fifth degree, the prison term shall be a definite term of six,

seven, eight, nine, ten, eleven, or twelve months. (B)(1)(a) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted

of or pleads guilty to a felony also is convicted of or pleads guilty to a specification

of the type described in section 2941.141 , 2941.144 , or 2941.145 of the Revised Code , the court shall impose on the offender one of the following prison terms: (i) A prison term of six years if the specification is of the type described in division (A) of section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that

was equipped with a firearm muffler or suppressor on or about the offender's person

or under the offender's control while committing the offense; (ii) A prison term of three years if the specification is of the type described in division (A) of section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person

or under the offender's control while committing the offense and displaying the firearm,

brandishing the firearm, indicating that the offender possessed the firearm, or using

it to facilitate the offense; (iii) A prison term of one year if the specification is of the type described in division (A) of section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person

or under the offender's control while committing the offense; (iv) A prison term of nine years if the specification is of the type described in division (D) of section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that

was equipped with a firearm muffler or suppressor on or about the offender's person

or under the offender's control while committing the offense and specifies that the

offender previously has been convicted of or pleaded guilty to a specification of

the type described in section 2941.141 , 2941.144 , 2941.145 , 2941.146 , or 2941.1412 of the Revised Code ; (v) A prison term of fifty-four months if the specification is of the type described

in division (D) of section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person

or under the offender's control while committing the offense and displaying the firearm,

brandishing the firearm, indicating that the offender possessed the firearm, or using

the firearm to facilitate the offense and that the offender previously has been convicted

of or pleaded guilty to a specification of the type described in section 2941.141 , 2941.144 , 2941.145 , 2941.146 , or 2941.1412 of the Revised Code ; (vi) A prison term of eighteen months if the specification is of the type described in division (D) of section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person

or under the offender's control while committing the offense and that the offender

previously has been convicted of or pleaded guilty to a specification of the type

described in section 2941.141 , 2941.144 , 2941.145 , 2941.146 , or 2941.1412 of the Revised Code . (b) If a court imposes a prison term on an offender under division (B)(1)(a) of this

section, the prison term shall not be reduced pursuant to section 2929.20, division

(A)(2) or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967.

or Chapter 5120. of the Revised Code.  Except as provided in division (B)(1)(g) of this section, a court shall not impose

more than one prison term on an offender under division (B)(1)(a) of this section

for felonies committed as part of the same act or transaction. (c)(i) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted

of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a felony that includes, as an essential element, purposely or knowingly causing

or attempting to cause the death of or physical harm to another, also is convicted

of or pleads guilty to a specification of the type described in division (A) of section 2941.146 of the Revised Code that charges the offender with committing the offense by discharging a firearm from

a motor vehicle other than a manufactured home, the court, after imposing a prison

term on the offender for the violation of section 2923.161 of the Revised Code or for the other felony offense under division (A), (B)(2), or (B)(3) of this section,

shall impose an additional prison term of five years upon the offender that shall

not be reduced pursuant to section 2929.20, division (A)(2) or (3) of section 2967.193

or 2967.194, or any other provision of Chapter 2967. or Chapter 5120. of the Revised

Code. (ii) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted

of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a felony that includes, as an essential element, purposely or knowingly causing

or attempting to cause the death of or physical harm to another, also is convicted

of or pleads guilty to a specification of the type described in division (C) of section 2941.146 of the Revised Code that charges the offender with committing the offense by discharging a firearm from

a motor vehicle other than a manufactured home and that the offender previously has

been convicted of or pleaded guilty to a specification of the type described in section 2941.141 , 2941.144 , 2941.145 , 2941.146 , or 2941.1412 of the Revised Code , the court, after imposing a prison term on the offender for the violation of section 2923.161 of the Revised Code or for the other felony offense under division (A), (B)(2), or (3) of this section,

shall impose an additional prison term of ninety months upon the offender that shall

not be reduced pursuant to section 2929.20, division (A)(2) or (3) of section 2967.193

or 2967.194, or any other provision of Chapter 2967. or Chapter 5120. of the Revised

Code. (iii) A court shall not impose more than one additional prison term on an offender under

division (B)(1)(c) of this section for felonies committed as part of the same act

or transaction.  If a court imposes an additional prison term on an offender under division (B)(1)(c)

of this section relative to an offense, the court also shall impose a prison term

under division (B)(1)(a) of this section relative to the same offense, provided the

criteria specified in that division for imposing an additional prison term are satisfied

relative to the offender and the offense. (d) If an offender who is convicted of or pleads guilty to an offense of violence that

is a felony also is convicted of or pleads guilty to a specification of the type described

in section 2941.1411 of the Revised Code that charges the offender with wearing or carrying body armor while committing the

felony offense of violence, the court shall impose on the offender an additional prison

term of two years.  The prison term so imposed shall not be reduced pursuant to section 2929.20, division

(A)(2) or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967.

or Chapter 5120. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(1)(d) of this section for felonies committed as part of the same act or transaction.  If a court imposes an additional prison term under division (B)(1)(a) or (c) of

this section, the court is not precluded from imposing an additional prison term under

division (B)(1)(d) of this section. (e) The court shall not impose any of the prison terms described in division (B)(1)(a)

of this section or any of the additional prison terms described in division (B)(1)(c)

of this section upon an offender for a violation of section 2923.12 or 2923.123 of the Revised Code .  The court shall not impose any of the prison terms described in division (B)(1)(a)

or (b) of this section upon an offender for a violation of section 2923.122 that involves

a deadly weapon that is a firearm other than a dangerous ordnance, section 2923.16 , or section 2923.121 of the Revised Code .  The court shall not impose any of the prison terms described in division (B)(1)(a)

of this section or any of the additional prison terms described in division (B)(1)(c)

of this section upon an offender for a violation of section 2923.13 of the Revised Code unless all of the following apply: (i) The offender previously has been convicted of aggravated murder, murder, or any felony

of the first or second degree. (ii) Less than five years have passed since the offender was released from prison or post-release

control, whichever is later, for the prior offense. (f)(i) If an offender is convicted of or pleads guilty to a felony that includes, as an

essential element, causing or attempting to cause the death of or physical harm to

another and also is convicted of or pleads guilty to a specification of the type described

in division (A) of section 2941.1412 of the Revised Code that charges the offender with committing the offense by discharging a firearm at

a peace officer as defined in section 2935.01 of the Revised Code or a corrections officer, as defined in section 2941.1412 of the Revised Code , the court, after imposing a prison term on the offender for the felony offense under

division (A), (B)(2), or (B)(3) of this section, shall impose an additional prison

term of seven years upon the offender that shall not be reduced pursuant to section

2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or any other provision

of Chapter 2967. or Chapter 5120. of the Revised Code. (ii) If an offender is convicted of or pleads guilty to a felony that includes, as an

essential element, causing or attempting to cause the death of or physical harm to

another and also is convicted of or pleads guilty to a specification of the type described

in division (B) of section 2941.1412 of the Revised Code that charges the offender with committing the offense by discharging a firearm at

a peace officer, as defined in section 2935.01 of the Revised Code , or a corrections officer, as defined in section 2941.1412 of the Revised Code , and that the offender previously has been convicted of or pleaded guilty to a specification

of the type described in section 2941.141 , 2941.144 , 2941.145 , 2941.146 , or 2941.1412 of the Revised Code , the court, after imposing a prison term on the offender for the felony offense under

division (A), (B)(2), or (3) of this section, shall impose an additional prison term

of one hundred twenty-six months upon the offender that shall not be reduced pursuant

to section 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or any

other provision of Chapter 2967. or 5120. of the Revised Code. (iii) If an offender is convicted of or pleads guilty to two or more felonies that include,

as an essential element, causing or attempting to cause the death or physical harm

to another and also is convicted of or pleads guilty to a specification of the type

described under division (B)(1)(f) of this section in connection with two or more

of the felonies of which the offender is convicted or to which the offender pleads

guilty, the sentencing court shall impose on the offender the prison term specified

under division (B)(1)(f) of this section for each of two of the specifications of

which the offender is convicted or to which the offender pleads guilty and, in its

discretion, also may impose on the offender the prison term specified under that division

for any or all of the remaining specifications.  If a court imposes an additional prison term on an offender under division (B)(1)(f)

of this section relative to an offense, the court shall not impose a prison term under

division (B)(1)(a) or (c) of this section relative to the same offense. (g) If an offender is convicted of or pleads guilty to two or more felonies, if one or

more of those felonies are aggravated murder, murder, attempted aggravated murder,

attempted murder, aggravated robbery, felonious assault, or rape, and if the offender

is convicted of or pleads guilty to a specification of the type described under division

(B)(1)(a) of this section in connection with two or more of the felonies, the sentencing

court shall impose on the offender the prison term specified under division (B)(1)(a)

of this section for each of the two most serious specifications of which the offender

is convicted or to which the offender pleads guilty and, in its discretion, also may

impose on the offender the prison term specified under that division for any or all

of the remaining specifications. (2)(a) If division (B)(2)(b) of this section does not apply, the court may impose on an

offender, in addition to the longest prison term authorized or required for the offense

or, for offenses for which division (A)(1)(a) or (2)(a) of this section applies, in

addition to the longest minimum prison term authorized or required for the offense,

an additional definite prison term of one, two, three, four, five, six, seven, eight,

nine, or ten years if all of the following criteria are met: (i) The offender is convicted of or pleads guilty to a specification of the type described

in section 2941.149 of the Revised Code that the offender is a repeat violent offender. (ii) The offense of which the offender currently is convicted or to which the offender

currently pleads guilty is aggravated murder and the court does not impose a sentence

of death or life imprisonment without parole, murder, terrorism and the court does

not impose a sentence of life imprisonment without parole, any felony of the first

degree that is an offense of violence and the court does not impose a sentence of

life imprisonment without parole, or any felony of the second degree that is an offense

of violence and the trier of fact finds that the offense involved an attempt to cause

or a threat to cause serious physical harm to a person or resulted in serious physical

harm to a person. (iii) The court imposes the longest prison term for the offense or the longest minimum

prison term for the offense, whichever is applicable, that is not life imprisonment

without parole. (iv) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii)

of this section and, if applicable, division (B)(1) or (3) of this section are inadequate

to punish the offender and protect the public from future crime, because the applicable

factors under section 2929.12 of the Revised Code indicating a greater likelihood of recidivism outweigh the applicable factors under

that section indicating a lesser likelihood of recidivism. (v) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii)

of this section and, if applicable, division (B)(1) or (3) of this section are demeaning

to the seriousness of the offense, because one or more of the factors under section 2929.12 of the Revised Code indicating that the offender's conduct is more serious than conduct normally constituting

the offense are present, and they outweigh the applicable factors under that section

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

the offense. (b) The court shall impose on an offender the longest prison term authorized or required

for the offense or, for offenses for which division (A)(1)(a) or (2)(a) of this section

applies, the longest minimum prison term authorized or required for the offense, and

shall impose on the offender an additional definite prison term of one, two, three,

four, five, six, seven, eight, nine, or ten years if all of the following criteria

are met: (i) The offender is convicted of or pleads guilty to a specification of the type described

in section 2941.149 of the Revised Code that the offender is a repeat violent offender. (ii) The offender within the preceding twenty years has been convicted of or pleaded guilty

to three or more offenses described in division (CC)(1) of section 2929.01 of the Revised Code , including all offenses described in that division of which the offender is convicted

or to which the offender pleads guilty in the current prosecution and all offenses

described in that division of which the offender previously has been convicted or

to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which

the offender currently pleads guilty is aggravated murder and the court does not impose

a sentence of death or life imprisonment without parole, murder, terrorism and the

court does not impose a sentence of life imprisonment without parole, any felony of

the first degree that is an offense of violence and the court does not impose a sentence

of life imprisonment without parole, or any felony of the second degree that is an

offense of violence and the trier of fact finds that the offense involved an attempt

to cause or a threat to cause serious physical harm to a person or resulted in serious

physical harm to a person. (c) For purposes of division (B)(2)(b) of this section, two or more offenses committed

at the same time or as part of the same act or event shall be considered one offense,

and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (B)(2)(a) or (b) of this section shall not be reduced

pursuant to section 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,

or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code.  The offender shall serve an additional prison term imposed under division (B)(2)(a)

or (b) of this section consecutively to and prior to the prison term imposed for the

underlying offense. (e) When imposing a sentence pursuant to division (B)(2)(a) or (b) of this section, the

court shall state its findings explaining the imposed sentence. (3) Except when an offender commits a violation of section 2903.01 or 2907.02 of the Revised Code and the penalty imposed for the violation is life imprisonment or commits a violation

of section 2903.02 of the Revised Code , if the offender commits a violation of section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a major drug offender, if the offender

commits a violation of section 2925.05 of the Revised Code and division (E)(1) of that section classifies the offender as a major drug offender,

if the offender commits a felony violation of section 2925.02 , 2925.04 , 2925.05 , 2925.36 , 3719.07 , 3719.08 , 3719.16 , 3719.161 , 4729.37 , or 4729.61, division (C) or (D) of section 3719.172, division (E) of section 4729.51,

or division (J) of section 4729.54 of the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II controlled

substance, with the exception of marihuana, and the court imposing sentence upon the

offender finds that the offender is guilty of a specification of the type described

in division (A) of section 2941.1410 of the Revised Code charging that the offender is a major drug offender, if the court imposing sentence

upon an offender for a felony finds that the offender is guilty of corrupt activity

with the most serious offense in the pattern of corrupt activity being a felony of

the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of the Revised Code and, had the offender completed the violation of section 2907.02 of the Revised Code that was attempted, the offender would have been subject to a sentence of life imprisonment

or life imprisonment without parole for the violation of section 2907.02 of the Revised Code , the court shall impose upon the offender for the felony violation a mandatory prison

term determined as described in this division that cannot be reduced pursuant to section

2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or any other provision

of Chapter 2967. or 5120. of the Revised Code.  The mandatory prison term shall be the maximum definite prison term prescribed in

division (A)(1)(b) of this section for a felony of the first degree, except that for

offenses for which division (A)(1)(a) of this section applies, the mandatory prison

term shall be the longest minimum prison term prescribed in that division for the

offense. (4) If the offender is being sentenced for a third or fourth degree felony OVI offense

under division (G)(2) of section 2929.13 of the Revised Code , the sentencing court shall impose upon the offender a mandatory prison term in accordance

with that division.  In addition to the mandatory prison term, if the offender is being sentenced for

a fourth degree felony OVI offense, the court, notwithstanding division (A)(4) of

this section, may sentence the offender to a definite prison term of not less than

six months and not more than thirty months, and if the offender is being sentenced

for a third degree felony OVI offense, the sentencing court may sentence the offender

to an additional prison term of any duration specified in division (A)(3) of this

section.  In either case, the additional prison term imposed shall be reduced by the sixty

or one hundred twenty days imposed upon the offender as the mandatory prison term.  The total of the additional prison term imposed under division (B)(4) of this section

plus the sixty or one hundred twenty days imposed as the mandatory prison term shall

equal a definite term in the range of six months to thirty months for a fourth degree

felony OVI offense and shall equal one of the authorized prison terms specified in

division (A)(3) of this section for a third degree felony OVI offense.  If the court imposes an additional prison term under division (B)(4) of this section,

the offender shall serve the additional prison term after the offender has served

the mandatory prison term required for the offense.  In addition to the mandatory prison term or mandatory and additional prison term

imposed as described in division (B)(4) of this section, the court also may sentence

the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code , but the offender shall serve all of the prison terms so imposed prior to serving

the community control sanction. If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose

a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a violation of division (A)(1)

or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty

to a specification of the type described in section 2941.1414 of the Revised Code that charges that the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code , an investigator of the bureau of criminal identification and investigation, as defined

in section 2903.11 of the Revised Code , or a firefighter or emergency medical worker, both as defined in section 2941.1414 of the Revised Code , the court shall impose on the offender a prison term of five years.  If a court imposes a prison term on an offender under division (B)(5) of this section,

the prison term shall not be reduced pursuant to section 2929.20, division (A)(2)

or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967. or

Chapter 5120. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(5) of this section for felonies committed as part of the same act. (6) If an offender is convicted of or pleads guilty to a violation of division (A)(1)

or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty

to a specification of the type described in section 2941.1415 of the Revised Code that charges 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, as defined in section 2941.1415 of the Revised Code , or three or more violations of any combination of those offenses, the court shall

impose on the offender a prison term of three years.  If a court imposes a prison term on an offender under division (B)(6) of this section,

the prison term shall not be reduced pursuant to section 2929.20, division (A)(2)

or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967. or

Chapter 5120. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(6) of this section for felonies committed as part of the same act. (7)(a) If an 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 involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of

the Revised Code and also is convicted of or pleads guilty to a specification of the

type described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of

human trafficking, the court shall impose on the offender a mandatory prison term

that is one of the following: (i) If the offense is a felony of the first degree, a definite prison term of not less

than five years and not greater than eleven years, except that if the offense is a

felony of the first degree committed on or after March 22, 2019, the court shall impose

as the minimum prison term a mandatory term of not less than five years and not greater

than eleven years; (ii) If the offense is a felony of the second or third degree, a definite prison term

of not less than three years and not greater than the maximum prison term allowed

for the offense by division (A)(2)(b) or (3) of this section, except that if the offense

is a felony of the second degree committed on or after March 22, 2019, the court shall

impose as the minimum prison term a mandatory term of not less than three years and

not greater than eight years; (iii) If the offense is a felony of the fourth or fifth degree, a definite prison term

that is the maximum prison term allowed for the offense by division (A) of section 2929.14 of the Revised Code . (b) The prison term imposed under division (B)(7)(a) of this section shall not be reduced

pursuant to section 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,

or any other provision of Chapter 2967. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(7)(a) of this section for felonies committed as part of the same act, scheme,

or plan. (8) If an offender is convicted of or pleads guilty to a felony violation of section 2903.11 , 2903.12 , or 2903.13 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described

in section 2941.1423 of the Revised Code that charges that the victim of the violation was a woman whom the offender knew

was pregnant at the time of the violation, notwithstanding the range prescribed in

division (A) of this section as the definite prison term or minimum prison term for

felonies of the same degree as the violation, the court shall impose on the offender

a mandatory prison term that is either a definite prison term of six months or one

of the prison terms prescribed in division (A) of this section for felonies of the

same degree as the violation, except that if the violation is a felony of the first

or second degree committed on or after March 22, 2019, the court shall impose as the

minimum prison term under division (A)(1)(a) or (2)(a) of this section a mandatory

term that is one of the terms prescribed in that division, whichever is applicable,

for the offense. (9)(a) If an 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 also is convicted of or pleads guilty

to a specification of the type described in section 2941.1425 of the Revised Code , the court shall impose on the offender a mandatory prison term of six years if either

of the following applies: (i) The violation is a violation of division (A)(1) of section 2903.11 of the Revised Code and the specification charges that the offender used an accelerant in committing

the violation and 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; (ii) The violation is a violation of division (A)(2) of section 2903.11 of the Revised Code and the specification charges 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) If a court imposes a prison term on an offender under division (B)(9)(a) of this

section, the prison term shall not be reduced pursuant to section 2929.20, division

(A)(2) or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967.

or Chapter 5120. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(9) of this section for felonies committed as part of the same act. (c) The provisions of divisions (B)(9) and (C)(6) of this section and of division (D)(2) of section 2903.11 , division (F)(20) of section 2929.13 , and section 2941.1425 of the Revised Code shall be known as “Judy's Law.” (10) If an offender is convicted of or pleads guilty to a violation of division (A) of section 2903.11 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described

in section 2941.1426 of the Revised Code that charges 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

court shall impose upon the offender an additional definite prison term of six years.  A prison term imposed on an offender under division (B)(10) of this section shall

not be reduced pursuant to section 2929.20, division (A)(2) or (3) of section 2967.193

or 2967.194, or any other provision of Chapter 2967. or Chapter 5120. of the Revised

Code.  If a court imposes an additional prison term on an offender under this division

relative to a violation of division (A) of section 2903.11 of the Revised Code , the court shall not impose any other additional prison term on the offender relative

to the same offense. (11) If an offender is convicted of or pleads guilty to a felony violation of section 2925.03 or 2925.05 of the Revised Code or a felony violation of section 2925.11 of the Revised Code for which division (C)(11) of that section applies in determining the sentence for

the violation, if the drug involved in the violation is a fentanyl-related compound

or a compound, mixture, preparation, or substance containing a fentanyl-related compound,

and if the offender also is convicted of or pleads guilty to a specification of the

type described in division (B) of section 2941.1410 of the Revised Code that charges that the offender is a major drug offender, in addition to any other

penalty imposed for the violation, the court shall impose on the offender a mandatory

prison term of three, four, five, six, seven, or eight years.  If a court imposes a prison term on an offender under division (B)(11) of this section,

the prison term shall not be reduced pursuant to section 2929.20, division (A)(2)

or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967. or

5120. of the Revised Code.  A court shall not impose more than one prison term on an offender under division

(B)(11) of this section for felonies committed as part of the same act. (C)(1)(a) Subject to division (C)(1)(b) of this section, if a mandatory prison term is imposed

upon an offender pursuant to division (B)(1)(a) of this section for having a firearm

on or about the offender's person or under the offender's control while committing

a felony, if a mandatory prison term is imposed upon an offender pursuant to division

(B)(1)(c) of this section for committing a felony specified in that division by discharging

a firearm from a motor vehicle, or if both types of mandatory prison terms are imposed,

the offender shall serve any mandatory prison term imposed under either division consecutively

to any other mandatory prison term imposed under either division or under division

(B)(1)(d) of this section, consecutively to and prior to any prison term imposed for

the underlying felony pursuant to division (A), (B)(2), or (B)(3) of this section

or any other section of the Revised Code, and consecutively to any other prison term

or mandatory prison term previously or subsequently imposed upon the offender. (b) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(d)

of this section for wearing or carrying body armor while committing an offense of

violence that is a felony, the offender shall serve the mandatory term so imposed

consecutively to any other mandatory prison term imposed under that division or under

division (B)(1)(a) or (c) of this section, consecutively to and prior to any prison

term imposed for the underlying felony under division (A), (B)(2), or (B)(3) of this

section or any other section of the Revised Code, and consecutively to any other prison

term or mandatory prison term previously or subsequently imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(f)

of this section, the offender shall serve the mandatory prison term so imposed consecutively

to and prior to any prison term imposed for the underlying felony under division (A),

(B)(2), or (B)(3) of this section or any other section of the Revised Code, and consecutively

to any other prison term or mandatory prison term previously or subsequently imposed

upon the offender. (d) If a mandatory prison term is imposed upon an offender pursuant to division (B)(7)

or (8) of this section, the offender shall serve the mandatory prison term so imposed

consecutively to any other mandatory prison term imposed under that division or under

any other provision of law and consecutively to any other prison term or mandatory

prison term previously or subsequently imposed upon the offender. (e) If a mandatory prison term is imposed upon an offender pursuant to division (B)(11)

of this section, the offender shall serve the mandatory prison term consecutively

to any other mandatory prison term imposed under that division, consecutively to and

prior to any prison term imposed for the underlying felony, and consecutively to any

other prison term or mandatory prison term previously or subsequently imposed upon

the offender. (2) If an offender who is an inmate in a jail, prison, or other residential detention

facility violates section 2917.02 , 2917.03 , or 2921.35 of the Revised Code or division (A)(1) or (2) of section 2921.34 of the Revised Code, if an offender

who is under detention at a detention facility commits a felony violation of section 2923.131 of the Revised Code , or if an offender who is an inmate in a jail, prison, or other residential detention

facility or is under detention at a detention facility commits another felony while

the offender is an escapee in violation of division (A)(1) or (2) of section 2921.34

of the Revised Code, any prison term imposed upon the offender for one of those violations

shall be served by the offender consecutively to the prison term or term of imprisonment

the offender was serving when the offender committed that offense and to any other

prison term previously or subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division (B) of section 2911.01 of the Revised Code , a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation

of division (B) of section 2921.331 of the Revised Code , the offender shall serve that prison term consecutively to any other prison term

or mandatory prison term previously or subsequently imposed upon the offender. (4) If multiple prison terms are imposed on an offender for convictions of multiple offenses,

the court may require the offender to serve the prison terms consecutively if the

court finds that the consecutive service is necessary to protect the public from future

crime or to punish the offender and that consecutive sentences are not disproportionate

to the seriousness of the offender's conduct and to the danger the offender poses

to the public, and if the court also finds any of the following: (a) The offender committed one or more of the multiple offenses while the offender was

awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code , or was under post-release control for a prior offense. (b) At least two of the multiple offenses were committed as part of one or more courses

of conduct, and the harm caused by two or more of the multiple offenses so committed

was so great or unusual that no single prison term for any of the offenses committed

as part of any of the courses of conduct adequately reflects the seriousness of the

offender's conduct. (c) The offender's history of criminal conduct demonstrates that consecutive sentences

are necessary to protect the public from future crime by the offender. (5) If a mandatory prison term is imposed upon an offender pursuant to division (B)(5)

or (6) of this section, the offender shall serve the mandatory prison term consecutively

to and prior to any prison term imposed for the underlying violation of division (A)(1)

or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section

or section 2929.142 of the Revised Code .  If a mandatory prison term is imposed upon an offender pursuant to division (B)(5)

of this section, and if a mandatory prison term also is imposed upon the offender

pursuant to division (B)(6) of this section in relation to the same violation, the

offender shall serve the mandatory prison term imposed pursuant to division (B)(5)

of this section consecutively to and prior to the mandatory prison term imposed pursuant

to division (B)(6) of this section and consecutively to and prior to any prison term

imposed for the underlying violation of division (A)(1) or (2) of section 2903.06

of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code . (6) If a mandatory prison term is imposed on an offender pursuant to division (B)(9)

of this section, the offender shall serve the mandatory prison term consecutively

to and prior to any prison term imposed for the underlying violation of division (A)(1)

or (2) of section 2903.11 of the Revised Code and consecutively to and prior to any

other prison term or mandatory prison term previously or subsequently imposed on the

offender. (7) If a mandatory prison term is imposed on an offender pursuant to division (B)(10)

of this section, the offender shall serve that mandatory prison term consecutively

to and prior to any prison term imposed for the underlying felonious assault.  Except as otherwise provided in division (C) of this section, any other prison term

or mandatory prison term previously or subsequently imposed upon the offender may

be served concurrently with, or consecutively to, the prison term imposed pursuant

to division (B)(10) of this section. (8) Any prison term imposed for a violation of section 2903.04 of the Revised Code that is based on a violation of section 2925.03 or 2925.11 of the Revised Code or on a violation of section 2925.05 of the Revised Code that is not funding of marihuana trafficking shall run consecutively to any prison

term imposed for the violation of section 2925.03 or 2925.11 of the Revised Code or for the violation of section 2925.05 of the Revised Code that is not funding of marihuana trafficking. (9) When consecutive prison terms are imposed pursuant to division (C)(1), (2), (3),

(4), (5), (6), (7), or (8) or division (H)(1) or (2) of this section, subject to division

(C)(10) of this section, the term to be served is the aggregate of all of the terms

so imposed. (10) When a court sentences an offender to a non-life felony indefinite prison term, any

definite prison term or mandatory definite prison term previously or subsequently

imposed on the offender in addition to that indefinite sentence that is required to

be served consecutively to that indefinite sentence shall be served prior to the indefinite

sentence. (11) If a court is sentencing an offender for a felony of the first or second degree,

if division (A)(1)(a) or (2)(a) of this section applies with respect to the sentencing

for the offense, and if the court is required under the Revised Code section that

sets forth the offense or any other Revised Code provision to impose a mandatory prison

term for the offense, the court shall impose the required mandatory prison term as

the minimum term imposed under division (A)(1)(a) or (2)(a) of this section, whichever

is applicable. (D)(1) If a court imposes a prison term, other than a term of life imprisonment, for a felony

of the first degree, for a felony of the second degree, for a felony sex offense,

or for a felony of the third degree that is an offense of violence and that is not

a felony sex offense, it shall include in the sentence a requirement that the offender

be subject to a period of post-release control after the offender's release from imprisonment,

in accordance with section 2967.28 of the Revised Code .  If a court imposes a sentence including a prison term of a type described in this

division on or after July 11, 2006, the failure of a court to include a post-release

control requirement in the sentence pursuant to this division does not negate, limit,

or otherwise affect the mandatory period of post-release control that is required

for the offender under division (B) of section 2967.28 of the Revised Code . Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison

term of a type described in this division and failed to include in the sentence pursuant

to this division a statement regarding post-release control. (2) If a court imposes a prison term for a felony of the third, fourth, or fifth degree

that is not subject to division (D)(1) of this section, it shall include in the sentence

a requirement that the offender be subject to a period of post-release control after

the offender's release from imprisonment, in accordance with that division, if the

parole board determines that a period of post-release control is necessary. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison

term of a type described in this division and failed to include in the sentence pursuant

to this division a statement regarding post-release control. (E) The court shall impose sentence upon the offender in accordance with section 2971.03 of the Revised Code , and Chapter 2971. of the Revised Code applies regarding the prison term or term

of life imprisonment without parole imposed upon the offender and the service of that

term of imprisonment if any of the following apply: (1) A person is convicted of or pleads guilty to a violent sex offense or a designated

homicide, assault, or kidnapping offense, and, in relation to that offense, the offender

is adjudicated a sexually violent predator. (2) A person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, and either the court does not impose a sentence

of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code , or division (B) of section 2907.02 of the Revised Code provides that the court shall not sentence the offender pursuant to section 2971.03 of the Revised Code . (3) A person is convicted of or pleads guilty to attempted rape committed on or after

January 2, 2007, and a specification of the type described in section 2941.1418 , 2941.1419 , or 2941.1420 of the Revised Code . (4) A person is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code committed on or after January 1, 2008, and that section requires the court to sentence

the offender pursuant to section 2971.03 of the Revised Code . (5) A person is convicted of or pleads guilty to aggravated murder committed on or after

January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v) , (C)(2)(a)(ii) , (D)(2)(b) , (D)(3)(a)(iv) , or (E)(1)(a)(iv) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires the court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code . (6) A person is convicted of or pleads guilty to murder committed on or after January

1, 2008, and division (B)(2) of section 2929.02 of the Revised Code requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code . (F) If a person who has been convicted of or pleaded guilty to a felony is sentenced

to a prison term or term of imprisonment under this section, sections 2929.02 to 2929.06 of the Revised Code , section 2929.142 of the Revised Code , section 2971.03 of the Revised Code , or any other provision of law, section 5120.163 of the Revised Code applies regarding the person while the person is confined in a state correctional

institution. (G) If an offender who is convicted of or pleads guilty to a felony that is an offense

of violence also is convicted of or pleads guilty to a specification of the type described

in section 2941.142 of the Revised Code that charges the offender with having committed the felony while participating in

a criminal gang, the court shall impose upon the offender an additional prison term

of one, two, or three years. (H)(1) If an offender who is convicted of or pleads guilty to aggravated murder, murder,

or a felony of the first, second, or third degree that is an offense of violence also

is convicted of or pleads guilty to a specification of the type described in section 2941.143 of the Revised Code that charges the offender with having committed the offense in a school safety zone

or towards a person in a school safety zone, the court shall impose upon the offender

an additional prison term of two years.  The offender shall serve the additional two years consecutively to and prior to

the prison term imposed for the underlying offense. (2)(a) If an offender is convicted of or pleads guilty to a felony violation of section 2907.22 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code and to a specification of the type described in section 2941.1421 of the Revised Code and if the court imposes a prison term on the offender for the felony violation,

the court may impose upon the offender an additional prison term as follows: (i) Subject to division (H)(2)(a)(ii) of this section, an additional prison term of one,

two, three, four, five, or six months; (ii) If the offender previously has been convicted of or pleaded guilty to one or more

felony or misdemeanor violations of section 2907.22 , 2907.23 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code and also was convicted of or pleaded guilty to a specification of the type described

in section 2941.1421 of the Revised Code regarding one or more of those violations, an additional prison term of one, two,

three, four, five, six, seven, eight, nine, ten, eleven, or twelve months. (b) In lieu of imposing an additional prison term under division (H)(2)(a) of this section,

the court may directly impose on the offender a sanction that requires the offender

to wear a real-time processing, continual tracking electronic monitoring device during

the period of time specified by the court.  The period of time specified by the court shall equal the duration of an additional

prison term that the court could have imposed upon the offender under division (H)(2)(a)

of this section.  A sanction imposed under this division shall commence on the date specified by the

court, provided that the sanction shall not commence until after the offender has

served the prison term imposed for the felony violation of section 2907.22 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code and any residential sanction imposed for the violation under section 2929.16 of the Revised Code .  A sanction imposed under this division shall be considered to be a community control

sanction for purposes of section 2929.15 of the Revised Code , and all provisions of the Revised Code that pertain to community control sanctions

shall apply to a sanction imposed under this division, except to the extent that they

would by their nature be clearly inapplicable.  The offender shall pay all costs associated with a sanction imposed under this division,

including the cost of the use of the monitoring device. (I) At the time of sentencing, the court may recommend the offender for placement in

a program of shock incarceration under section 5120.031 of the Revised Code or for placement in an intensive program prison under section 5120.032 of the Revised Code , disapprove placement of the offender in a program of shock incarceration or an intensive

program prison of that nature, or make no recommendation on placement of the offender.  In no case shall the department of rehabilitation and correction place the offender

in a program or prison of that nature unless the department determines as specified

in section 5120.031 or 5120.032 of the Revised Code , whichever is applicable, that the offender is eligible for the placement. If the court disapproves placement of the offender in a program or prison of that

nature, the department of rehabilitation and correction shall not place the offender

in any program of shock incarceration or intensive program prison. If the court recommends placement of the offender in a program of shock incarceration

or in an intensive program prison, and if the offender is subsequently placed in the

recommended program or prison, the department shall notify the court of the placement

and shall include with the notice a brief description of the placement. If the court recommends placement of the offender in a program of shock incarceration

or in an intensive program prison and the department does not subsequently place the

offender in the recommended program or prison, the department shall send a notice

to the court indicating why the offender was not placed in the recommended program

or prison. If the court does not make a recommendation under this division with respect to an

offender and if the department determines as specified in section 5120.031 or 5120.032 of the Revised Code , whichever is applicable, that the offender is eligible for placement in a program

or prison of that nature, the department shall screen the offender and determine if

there is an available program of shock incarceration or an intensive program prison

for which the offender is suited.  If there is an available program of shock incarceration or an intensive program

prison for which the offender is suited, the department shall notify the court of

the proposed placement of the offender as specified in section 5120.031 or 5120.032 of the Revised Code and shall include with the notice a brief description of the placement.  The court shall have ten days from receipt of the notice to disapprove the placement. (J) If a person is convicted of or pleads guilty to aggravated vehicular homicide in

violation of division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) or (d) of that section applies, the person shall be sentenced

pursuant to section 2929.142 of the Revised Code . (K)(1) The court shall impose an additional mandatory prison term of two, three, four, five,

six, seven, eight, nine, ten, or eleven years on an offender who is convicted of or

pleads guilty to a violent felony offense if the offender also is convicted of or

pleads guilty to a specification of the type described in section 2941.1424 of the Revised Code that charges 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 offender shall serve the prison term imposed under this division consecutively

to and prior to the prison term imposed for the underlying offense.  The prison term shall not be reduced pursuant to section 2929.20, division (A)(2)

or (3) of section 2967.193 or 2967.194, or any other provision of Chapter 2967. or

5120. of the Revised Code.  A court may not impose more than one sentence under division (B)(2)(a) of this section

and this division for acts committed as part of the same act or transaction. (2) As used in division (K)(1) of this section, “violent career criminal” and “violent

felony offense” have the same meanings as in section 2923.132 of the Revised Code . (L) If an offender receives or received a sentence of life imprisonment without parole,

a sentence of life imprisonment, a definite sentence, or a sentence to an indefinite

prison term under this chapter for a felony 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 .