Ohio § 2941.148

§ 2941.148.

(A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded

unless one of the following applies: (a) The offender is charged with a violent sex offense, and the indictment, count in

the indictment, or information charging the violent sex offense also includes a specification

that the offender is a sexually violent predator, or the offender is charged with

a designated homicide, assault, or kidnapping offense, and the indictment, count in

the indictment, or information charging the designated homicide, assault, or kidnapping

offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator. (b) The offender 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 division (B) of section 2907.02 of the Revised Code does not prohibit the court from sentencing the offender pursuant to section 2971.03 of the Revised Code . (c) The offender is convicted of or pleads guilty to attempted rape committed on or after

January 2, 2007, and to a specification of the type described in section 2941.1418 , 2941.1419 , or 2941.1420 of the Revised Code . (d) The offender is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and to a specification of the type described in section 2941.147 of the Revised Code , and section 2905.01 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code . (e) The offender is convicted of or pleads guilty to aggravated murder and to a specification

of the type described in section 2941.147 of the Revised Code , 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 a court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code . (f) The offender is convicted of or pleads guilty to murder and to a specification of

the type described in section 2941.147 of the Revised Code , and division (B)(2) of section 2929.02 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code . (2) A specification required under division (A)(1)(a) of this section that an offender

is a sexually violent predator 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 jury (or insert the person's or prosecuting attorney's name when appropriate)

further find and specify that the offender is a sexually violent predator.” (B) In determining for purposes of this section whether a person is a sexually violent

predator, all of the factors set forth in divisions (H)(1) to (6) of section 2971.01

of the Revised Code that apply regarding the person may be considered as evidence

tending to indicate that it is likely that the person will engage in the future in

one or more sexually violent offenses. (C) As used in this section, “designated homicide, assault, or kidnapping offense,” “violent

sex offense,” and “sexually violent predator” have the same meanings as in section 2971.01 of the Revised Code .