Ohio § 2971.03

§ 2971.03.

(A) Notwithstanding divisions (A) and (D) of section 2929.14, section 2929.02, 2929.03,

2929.06, 2929.13, or another section of the Revised Code, other than divisions (B) and (C) of section 2929.14 of the Revised Code , that authorizes or requires a specified prison term or a mandatory prison term for

a person who is convicted of or pleads guilty to a felony or that specifies the manner

and place of service of a prison term or term of imprisonment, the court shall impose

a sentence upon a person who is convicted of or pleads guilty to a violent sex offense

and who also is convicted of or pleads guilty to a sexually violent predator specification

that was included in the indictment, count in the indictment, or information charging

that offense, and upon a person who is convicted of or pleads guilty to a designated

homicide, assault, or kidnapping offense and also is convicted of or pleads guilty

to both a sexual motivation specification and a sexually violent predator specification

that were included in the indictment, count in the indictment, or information charging

that offense, as follows: (1) Except as provided in division (A)(5) of this section, if the offense for which the

sentence is being imposed is aggravated murder and if the court does not impose upon

the offender a sentence of death, it shall impose upon the offender a term of life

imprisonment without parole.  If the court sentences the offender to death and the sentence of death is vacated,

overturned, or otherwise set aside, the court shall impose upon the offender a term

of life imprisonment without parole. (2) Except as provided in division (A)(5) of this section, if the offense for which the

sentence is being imposed is murder;  or if the offense is rape committed in violation

of division (A)(1)(b) of section 2907.02 of the Revised Code when the offender purposely compelled the victim to submit by force or threat of

force, when the victim was less than ten years of age, when the offender previously

has been convicted of or pleaded guilty to either rape committed in violation of that

division or a violation of an existing or former law of this state, another state,

or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code , or when the offender during or immediately after the commission of the rape caused

serious physical harm to the victim;  or if the offense is an offense other than aggravated

murder or murder for which a term of life imprisonment may be imposed, it shall impose

upon the offender a term of life imprisonment without parole. (3)(a) Except as otherwise provided in division (A)(3)(b), (c), (d), or (e) or (A)(4) of

this section, if the offense for which the sentence is being imposed is an offense

other than aggravated murder, murder, or rape and other than an offense for which

a term of life imprisonment may be imposed, it shall impose an indefinite prison term

consisting of a minimum term fixed by the court as described in this division, but

not less than two years, and a maximum term of life imprisonment.  Except as otherwise specified in this division, the minimum term shall be fixed

by the court from among the range of terms available as a definite term for the offense.  If the offense is a felony of the first or second degree committed on or after March

22, 2019, the minimum term shall be fixed by the court from among the range of terms

available as a minimum term for the offense under division (A)(1)(a) or (2)(a) of

that section. (b) Except as otherwise provided in division (A)(4) of this section, if the offense for

which the sentence is being imposed is kidnapping that is a felony of the first degree,

it shall impose an indefinite prison term as follows: (i) If the kidnapping is committed on or after January 1, 2008, and the victim of the

offense is less than thirteen years of age, except as otherwise provided in this division,

it shall impose an indefinite prison term consisting of a minimum term of fifteen

years and a maximum term of life imprisonment.  If the kidnapping is committed on or after January 1, 2008, the victim of the offense

is less than thirteen years of age, and the offender released the victim in a safe

place unharmed, it shall impose an indefinite prison term consisting of a minimum

term of ten years and a maximum term of life imprisonment. (ii) If the kidnapping is committed prior to January 1, 2008, or division (A)(3)(b)(i)

of this section does not apply, it shall impose an indefinite term consisting of a

minimum term fixed by the court that is not less than ten years and a maximum term

of life imprisonment. (c) Except as otherwise provided in division (A)(4) of this section, if the offense for

which the sentence is being imposed is kidnapping that is a felony of the second degree,

it shall impose an indefinite prison term consisting of a minimum term fixed by the

court that is not less than eight years, and a maximum term of life imprisonment. (d) Except as otherwise provided in division (A)(4) of this section, if the offense for

which the sentence is being imposed is rape for which a term of life imprisonment

is not imposed under division (A)(2) of this section or division (B) of section 2907.02 of the Revised Code , it shall impose an indefinite prison term as follows: (i) If the rape is committed on or after January 2, 2007, in violation of division (A)(1)(b) of section 2907.02 of the Revised Code , it shall impose an indefinite prison term consisting of a minimum term of twenty-five

years and a maximum term of life imprisonment. (ii) If the rape is committed prior to January 2, 2007, or the rape is committed on or

after January 2, 2007, other than in violation of division (A)(1)(b) of section 2907.02 of the Revised Code , it shall impose an indefinite prison term consisting of a minimum term fixed by

the court that is not less than ten years, and a maximum term of life imprisonment. (e) Except as otherwise provided in division (A)(4) of this section, if the offense for

which sentence is being imposed is attempted rape, it shall impose an indefinite prison

term as follows: (i) Except as otherwise provided in division (A)(3)(e)(ii), (iii), or (iv) of this section,

it shall impose an indefinite prison term pursuant to division (A)(3)(a) of this section. (ii) If the attempted rape for which sentence is being imposed was committed on or after

January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification

of the type described in section 2941.1418 of the Revised Code , it shall impose an indefinite prison term consisting of a minimum term of five years

and a maximum term of twenty-five years. (iii) If the attempted rape for which sentence is being imposed was committed on or after

January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification

of the type described in section 2941.1419 of the Revised Code , it shall impose an indefinite prison term consisting of a minimum term of ten years

and a maximum of life imprisonment. (iv) If the attempted rape for which sentence is being imposed was committed on or after

January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification

of the type described in section 2941.1420 of the Revised Code , it shall impose an indefinite prison term consisting of a minimum term of fifteen

years and a maximum of life imprisonment. (4) Except as provided in division (A)(5) of this section, for any offense for which

the sentence is being imposed, if the offender previously has been convicted of or

pleaded guilty to a violent sex offense and also to a sexually violent predator specification

that was included in the indictment, count in the indictment, or information charging

that offense, or previously has been convicted of or pleaded guilty to a designated

homicide, assault, or kidnapping offense and also to both a sexual motivation specification

and a sexually violent predator specification that were included in the indictment,

count in the indictment, or information charging that offense, it shall impose upon

the offender a term of life imprisonment without parole. (5) Notwithstanding divisions (A)(1), (2), and (4) of this section, the court shall not

impose a sentence of life imprisonment without parole upon any person for an offense

that was committed when the person was under eighteen years of age.  In any case described in division (A)(1), (2), or (4) of this section, if the offense

was committed when the person was under eighteen years of age, the court shall impose

an indefinite prison term consisting of a minimum term of thirty years and a maximum

term of life imprisonment. (B)(1) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14 , or another section of the Revised Code other than division (B) of section 2907.02 or divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for

a person who is convicted of or pleads guilty to a felony or that specifies the manner

and place of service of a prison term or term of imprisonment, if 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, if division (A) of this section does not apply

regarding the person, and if 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 , the court shall impose upon the person an indefinite prison term consisting of one

of the following: (a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a minimum

term of ten years and a maximum term of life imprisonment. (b) If the victim was less than ten years of age, a minimum term of fifteen years and

a maximum of life imprisonment. (c) If the offender purposely compels the victim to submit by force or threat of force,

or if the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United

States that is substantially similar to division (A)(1)(b) of that section, or if

the offender during or immediately after the commission of the offense caused serious

physical harm to the victim, a minimum term of twenty-five years and a maximum of

life imprisonment. (2) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14 , or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for

a person who is convicted of or pleads guilty to a felony or that specifies the manner

and place of service of a prison term or term of imprisonment and except as otherwise

provided in division (B) of section 2907.02 of the Revised Code , if a person is convicted of or pleads guilty to attempted rape committed on or after

January 2, 2007, and if division (A) of this section does not apply regarding the

person, the court shall impose upon the person an indefinite prison term consisting

of one of the following: (a) If the person also is convicted of or pleads guilty to a specification of the type

described in section 2941.1418 of the Revised Code , the court shall impose upon the person an indefinite prison term consisting of a

minimum term of five years and a maximum term of twenty-five years. (b) If the person also is convicted of or pleads guilty to a specification of the type

described in section 2941.1419 of the Revised Code , the court shall impose upon the person an indefinite prison term consisting of a

minimum term of ten years and a maximum term of life imprisonment. (c) If the person also is convicted of or pleads guilty to a specification of the type

described in section 2941.1420 of the Revised Code , the court shall impose upon the person an indefinite prison term consisting of a

minimum term of fifteen years and a maximum term of life imprisonment. (3) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14 , or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for

a person who is convicted of or pleads guilty to a felony or that specifies the manner

and place of service of a prison term or term of imprisonment, if a person is convicted

of or pleads guilty to an offense described in division (B)(3)(a), (b), (c), or (d)

of this section committed on or after January 1, 2008, if the person also is convicted

of or pleads guilty to a sexual motivation specification that was included in the

indictment, count in the indictment, or information charging that offense, and if

division (A) of this section does not apply regarding the person, the court shall

impose upon the person an indefinite prison term consisting of one of the following: (a) An indefinite prison term consisting of a minimum of ten years and a maximum term

of life imprisonment if the offense for which the sentence is being imposed is kidnapping,

the victim of the offense is less than thirteen years of age, and the offender released

the victim in a safe place unharmed; (b) An indefinite prison term consisting of a minimum of fifteen years and a maximum

term of life imprisonment if the offense for which the sentence is being imposed is

kidnapping when the victim of the offense is less than thirteen years of age and division

(B)(3)(a) of this section does not apply; (c) An indefinite term consisting of a minimum of thirty years and a maximum term of

life imprisonment if the offense for which the sentence is being imposed is aggravated

murder, when the victim of the offense is less than thirteen years of age, a sentence

of death or life imprisonment without parole is not imposed for the offense, 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 that the sentence for the offense be imposed pursuant to this division; (d) An indefinite prison term consisting of a minimum of thirty years and a maximum term

of life imprisonment if the offense for which the sentence is being imposed is murder

when the victim of the offense is less than thirteen years of age. (C)(1) If the offender is sentenced to a prison term pursuant to division (A)(3), (B)(1)(a),

(b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section,

the parole board shall have control over the offender's service of the term during

the entire term unless the parole board terminates its control in accordance with section 2971.04 of the Revised Code . (2) Except as provided in division (C)(3) or (G) of this section, an offender sentenced

to a prison term or term of life imprisonment without parole pursuant to division

(A) of this section shall serve the entire prison term or term of life imprisonment

in a state correctional institution.  The offender is not eligible for judicial release under section 2929.20 of the Revised Code . (3) For a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),

(b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, subject to the application

of division (G) of this section, the court, in accordance with section 2971.05 of the Revised Code , may terminate the prison term or modify the requirement that the offender serve

the entire term in a state correctional institution if all of the following apply: (a) The offender has served at least the minimum term imposed as part of that prison

term. (b) The parole board, pursuant to section 2971.04 of the Revised Code , has terminated its control over the offender's service of that prison term. (c) The court has held a hearing and found, by clear and convincing evidence, one of

the following: (i) In the case of termination of the prison term, that the offender is unlikely to commit

a sexually violent offense in the future; (ii) In the case of modification of the requirement, that the offender does not represent

a substantial risk of physical harm to others. (4) Except as provided in division (G) of this section, an offender who has been sentenced

to a term of life imprisonment without parole pursuant to division (A)(1), (2), or

(4) of this section shall not be released from the term of life imprisonment or be

permitted to serve a portion of it in a place other than a state correctional institution. (D) If a court sentences an offender to a prison term or term of life imprisonment without

parole pursuant to division (A) of this section and the court also imposes on the

offender one or more additional prison terms pursuant to division (B) of section 2929.14 of the Revised Code , all of the additional prison terms shall be served consecutively with, and prior

to, the prison term or term of life imprisonment without parole imposed upon the offender

pursuant to division (A) of this section. (E) If the offender is convicted of or pleads guilty to two or more offenses for which

a prison term or term of life imprisonment without parole is required to be imposed

pursuant to division (A) of this section, divisions (A) to (D) of this section shall

be applied for each offense.  All minimum terms imposed upon the offender pursuant to division (A)(3) or (B) of

this section for those offenses shall be aggregated and served consecutively, as if

they were a single minimum term imposed under that division. (F)(1) If an offender is convicted of or pleads guilty to a violent sex offense and also

is convicted of or pleads guilty to a sexually violent predator specification that

was included in the indictment, count in the indictment, or information charging that

offense, or is convicted of or pleads guilty to a designated homicide, assault, or

kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation

specification and a sexually violent predator specification that were included in

the indictment, count in the indictment, or information charging that offense, the

conviction of or plea of guilty to the offense and the sexually violent predator specification

automatically classifies the offender as a tier III sex offender/child-victim offender

for purposes of Chapter 2950. of the Revised Code. (2) If an offender is convicted of or pleads guilty to committing on or after January

2, 2007, a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and either the offender is sentenced under section 2971.03 of the Revised Code or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code , the conviction of or plea of guilty to the offense automatically classifies the

offender as a tier III sex offender/child-victim offender for purposes of Chapter

2950. of the Revised Code. (3) If a person is convicted of or pleads guilty to committing on or after January 2,

2007, attempted rape and also is convicted of or pleads guilty to a specification

of the type described in section 2941.1418 , 2941.1419 , or 2941.1420 of the Revised Code , the conviction of or plea of guilty to the offense and the specification automatically

classify the offender as a tier III sex offender/child-victim offender for purposes

of Chapter 2950. of the Revised Code. (4) If a person is convicted of or pleads guilty to one of the offenses described in

division (B)(3)(a), (b), (c), or (d) of this section and a sexual motivation specification

related to the offense and the victim of the offense is less than thirteen years of

age, the conviction of or plea of guilty to the offense automatically classifies the

offender as a tier III sex offender/child-victim offender for purposes of Chapter

2950. of the Revised Code. (G) Notwithstanding divisions (A) to (E) of this section, if an offender receives or

received a sentence of life imprisonment without parole, a definite sentence, or a

sentence to an indefinite prison term under this chapter for an offense committed

when the offender was under eighteen years of age, the offender is eligible for parole

and the offender's parole eligibility shall be determined under section 2967.132 of the Revised Code .