Regards sexually oriented offenses involving juveniles, animals

sb393_02_PS

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 393

2025-2026

Senators Timken, Manning

Cosponsors: Senators Antonio,
Blackshear, Brenner, Cirino, Craig, DeMora, Hicks-Hudson, Ingram,
Johnson, Landis, Lang, O'Brien, Reineke, Reynolds, Roegner, Wilkin

To
amend sections 959.99, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2929.14, and 2950.01 and to enact section 2941.1427 of the
Revised Code
to
make changes to various sexually oriented offenses involving juvenile
victims.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 959.99, 2907.04, 2907.05, 2907.321, 2907.322, 2907.323,
2929.14, and 2950.01 be amended and section 2941.1427 of the Revised
Code be enacted to read as follows:

Sec.
959.99.
(A)
Whoever violates section 959.18 or 959.19 of the Revised Code is
guilty of a minor misdemeanor.

(B)
Except as otherwise provided in this division, whoever violates
section 959.02 of the Revised Code is guilty of a misdemeanor of the
second degree. If the value of the animal killed or the injury done
amounts to three hundred dollars or more, whoever violates section
959.02 of the Revised Code is guilty of a misdemeanor of the first
degree.

(C)
Whoever violates section 959.03, 959.06, division (C) of section
959.09, 959.12, or 959.17 or division (A) of section 959.15 of the
Revised Code is guilty of a misdemeanor of the fourth degree.

(D)
Whoever violates division (A) of section 959.13
or
section 959.21
of
the Revised Code is guilty of a misdemeanor of the second degree.

Whoever violates division (B) of section 959.21 of the Revised Code
is guilty of a felony of the fifth degree. Whoever violates division
(C) of section 959.21 of the Revised Code is guilty of a misdemeanor
of the first degree.

In addition, the court may order the offender to forfeit the animal
or livestock and may provide for its disposition, including, but not
limited to, the sale of the animal or livestock. If an animal or
livestock is forfeited and sold pursuant to this division, the
proceeds from the sale first shall be applied to pay the expenses
incurred with regard to the care of the animal from the time it was
taken from the custody of the former owner. The balance of the
proceeds from the sale, if any, shall be paid to the former owner of
the animal.

(E)(1)
Whoever violates division (B) or (E) of section 959.131 of the
Revised Code is guilty of a misdemeanor of the first degree on a
first offense and a felony of the fifth degree on each subsequent
offense.

(2)
Whoever violates division (C) of section 959.131 of the Revised Code
is guilty of a felony of the fifth degree.

(3)
Whoever violates section 959.01 of the Revised Code or division (D)
of section 959.131 of the Revised Code is guilty of a misdemeanor of
the second degree on a first offense and a misdemeanor of the first
degree on each subsequent offense.

(4)
Whoever violates division (F) of section 959.131 of the Revised Code
is guilty of a felony of the fifth degree.

(5)
Whoever violates division (G) of section 959.131 of the Revised Code
is guilty of a misdemeanor of the first degree.

(6)(a)
A court may order a person who is convicted of or pleads guilty to a
violation of section 959.131 of the Revised Code to forfeit to an
impounding agency, as defined in section 959.132 of the Revised Code,
any or all of the companion animals in that person's ownership or
care. The court also may prohibit or place limitations on the
person's ability to own or care for any companion animals for a
specified or indefinite period of time.

(b)
A court may order a person who is convicted of or pleads guilty to a
violation of division (A) of section 959.13 or section 959.131 of the
Revised Code to reimburse an impounding agency for the reasonable and
necessary costs incurred by the agency for the care of an animal or
livestock that the agency impounded as a result of the investigation
or prosecution of the violation, provided that the costs were not
otherwise paid under section 959.132 of the Revised Code.

(7)
If a court has reason to believe that a person who is convicted of or
pleads guilty to a violation of section 959.131 or 959.21 of the
Revised Code has a mental or emotional disorder that contributed to
the violation, the court may impose as a community control sanction
or as a condition of probation a requirement that the offender
undergo psychological evaluation or counseling. The court shall order
the offender to pay the costs of the evaluation or counseling.

(F)
Whoever violates section 959.14 of the Revised Code is guilty of a
misdemeanor of the second degree on a first offense and a misdemeanor
of the first degree on each subsequent offense.

(G)
Whoever violates section 959.05 or 959.20 of the Revised Code is
guilty of a misdemeanor of the first degree.

(H)
Whoever violates section 959.16 of the Revised Code is guilty of a
felony of the fourth degree for a first offense and a felony of the
third degree on each subsequent offense.

(I)
Whoever violates division (B) or (C) of section 959.15 of the Revised
Code is guilty of a felony and shall be fined not more than ten
thousand dollars.

Sec.
2907.04.
(A)
No person who is eighteen years of age or older shall engage in
sexual conduct with another when the offender knows the other person
is
thirteen
years of age or older but less than sixteen years of age,
either
of the following

or the offender is reckless in
that

regard
:

(1)
Sixteen years of age or older and less than eighteen years of age and
four or more years younger than the offender;

(2)
Thirteen years of age or older but less than sixteen years of age
.

(B)
Whoever violates this section is guilty of unlawful sexual conduct
with a minor.

(1)
Except as otherwise provided in divisions (B)(2)
,
(3)
,

and

(4)
,
and (6)

of this section, unlawful sexual conduct with a minor
in
violation of division (A)(2) of this section
is
a felony of the fourth degree

if the offender is four or more years older and less than ten years
older than the other person
.

(2)
Except as otherwise provided in
division

divisions

(B)(4)

and (6)

of this section, if the offender is less than four years older than
the other person, unlawful sexual conduct with a minor

in violation of division (A)(2) of this section

is a misdemeanor of the first degree.

(3)
Except as otherwise provided in division
(B)(4)
(B)(6)

of this section, if the offender is ten or more years older than the
other person, unlawful sexual conduct with a minor

in violation of division (A)(1) of this section

is a felony of the
third

fourth

degree.

(4)

Except
as otherwise provided in division (B)(6) of this section, if the
offender is ten or more years older than the other person, unlawful
sexual conduct with a minor in violation of division (A)(2) of this
section is a felony of the second degree.

(5)
Except as otherwise provided in division (B)(6) of this section, if
the offender is less than ten years older than the other person,
unlawful sexual conduct with a minor in violation of division (A)(1)
of this section is a misdemeanor of the first degree.

(6)

If
the offender previously has been convicted of or pleaded guilty to a
violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code
or a violation of former section 2907.12 of the Revised Code,
unlawful sexual conduct with a minor is a felony of the second
degree.

Sec.
2907.05.
(A)
No person shall have sexual contact with another; cause another to
have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:

(1)
The offender purposely compels the other person, or one of the other
persons, to submit by force or threat of force.

(2)
For the purpose of preventing resistance, the offender substantially
impairs the judgment or control of the other person or of one of the
other persons by administering any drug, intoxicant, or controlled
substance to the other person surreptitiously or by force, threat of
force, or deception.

(3)
The offender knows that the judgment or control of the other person
or of one of the other persons is substantially impaired as a result
of the influence of any drug or intoxicant administered to the other
person with the other person's consent for the purpose of any kind of
medical or dental examination, treatment, or surgery.

(4)
The other person, or one of the other persons, is less than thirteen
years of age, whether or not the offender knows the age of that
person.

(5)
The ability of the other person to resist or consent or the ability
of one of the other persons to resist or consent is substantially
impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to
believe that the ability to resist or consent of the other person or
of one of the other persons is substantially impaired because of a
mental or physical condition or because of advanced age.

(B)
No person shall knowingly touch the genitalia of another, when the
touching is not through clothing, the other person is less than
twelve years of age, whether or not the offender knows the age of
that person, and the touching is done with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person.

(C)

No
person shall have sexual contact with another, cause another to have
sexual contact with the offender, or cause two or more other persons
to have sexual contact when the offender knows either of the
following or the offender is reckless in regard to either of the
following:

(1)
The other person or one of the other persons is sixteen years of age
or older and less than eighteen years of age and four or more years
younger than the offender.

(2)
The other person or one of the other persons is thirteen years of age
or older but less than sixteen years of age and four or more years
younger than the offender.

(D)

Whoever
violates this section is guilty of gross sexual imposition.

(1)
Except as otherwise provided in this section, gross sexual imposition
committed in violation of division (A)(1), (2), (3), or (5) of this
section is a felony of the fourth degree. If the offender under
division (A)(2) of this section substantially impairs the judgment or
control of the other person or one of the other persons by
administering any controlled substance, as defined in section 3719.01
of the Revised Code, to the person surreptitiously or by force,
threat of force, or deception, gross sexual imposition committed in
violation of division (A)(2) of this section is a felony of the third
degree.

(2)
Gross sexual imposition committed in violation of division (A)(4) or
(B) of this section is a felony of the third degree. Except as
otherwise provided in this division, for gross sexual imposition
committed in violation of division (A)(4) or (B) of this section
there is a presumption that a prison term shall be imposed for the
offense. The court shall impose on an offender convicted of gross
sexual imposition in violation of division (A)(4) or (B) of this
section a mandatory prison term, as described in division

(C)(3)
(D)(4)

of this section, for a felony of the third degree if the offender
previously was convicted of or pleaded guilty to a violation of this
section, rape, the former offense of felonious sexual penetration, or
sexual battery, and the victim of the previous offense was less than
thirteen years of age.

(3)

Gross
sexual imposition committed in violation of division (C)(1) of this
section is a misdemeanor of the second degree. Gross sexual
imposition committed in violation of division (C)(2) of this section
is a felony of the fourth degree.

(4)

A
mandatory prison term required under division
(C)(2)
(D)(2)

of this section shall be a definite term from the range of prison
terms provided in division (A)(3)(a) of section 2929.14 of the
Revised Code for a felony of the third degree.

(D)
(E)

A victim need not prove physical resistance to the offender in
prosecutions under this section.

(E)
(F)

Evidence of specific instances of the victim's sexual activity,
opinion evidence of the victim's sexual activity, and reputation
evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen,
pregnancy, or sexually transmitted disease or infection, or the
victim's past sexual activity with the offender, and only to the
extent that the court finds that the evidence is material to a fact
at issue in the case and that its inflammatory or prejudicial nature
does not outweigh its probative value.

Evidence
of specific instances of the defendant's sexual activity, opinion
evidence of the defendant's sexual activity, and reputation evidence
of the defendant's sexual activity shall not be admitted under this
section unless it involves evidence of the origin of semen,
pregnancy, or sexually transmitted disease or infection, the
defendant's past sexual activity with the victim, or is admissible
against the defendant under section 2945.59 of the Revised Code, and
only to the extent that the court finds that the evidence is material
to a fact at issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value.

(F)
(G)

Prior to taking testimony or receiving evidence of any sexual
activity of the victim or the defendant in a proceeding under this
section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before
preliminary hearing and not less than three days before trial, or for
good cause shown during the trial.

(G)
(H)

Upon approval by the court, the victim may be represented by counsel
in any hearing in chambers or other proceeding to resolve the
admissibility of evidence. If the victim is indigent or otherwise is
unable to obtain the services of counsel, the court, upon request,
may appoint counsel to represent the victim without cost to the
victim.

Sec.
2907.321.
(A)
No person, with knowledge of the character of the material or
performance involved, shall do any of the following:

(1)
Create, reproduce, or publish any obscene material that has a minor
,
a depiction of a purported minor,

or
an

impaired
person as one of its participants or portrayed observers;

(2)
Promote or advertise for sale or dissemination; sell, deliver,
disseminate, display, exhibit, present, rent, or provide; or offer or
agree to sell, deliver, disseminate, display, exhibit, present, rent,
or provide, any obscene material that has a minor
,
a depiction of a purported minor,

or
an

impaired
person as one of its participants or portrayed observers;

(3)
Create, direct, or produce an obscene performance that has a minor
,
a depiction of a purported minor,

or

an

impaired person as one of its participants;

(4)
Advertise or promote for presentation, present, or participate in
presenting an obscene performance that has a minor
,
a depiction of a purported minor,

or

an

impaired person as one of its participants;

(5)
Buy, procure, possess, or control any obscene material, that has a
minor
,
a depiction of a purported minor,

or
an

impaired
person as one of its participants;

(6)
Bring or cause to be brought into this state any obscene material
that has a minor
,
a depiction of a purported minor,

or
an

impaired
person as one of its participants or portrayed observers.

(B)(1)
This section does not apply to any material or performance that is
sold, disseminated, displayed, possessed, controlled, brought or
caused to be brought into this state, or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial,
or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or
research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the material or performance.

(2)
Mistake of age is not a defense to a charge under this section.

(3)
In a prosecution under this section, the trier of fact may infer that
a person in the material or performance involved is a minor
,
a depiction of a purported minor,

or

an

impaired person if the material or performance, through its title,
text, visual representation, or otherwise, represents or depicts the
person as a minor
,
a depiction of a purported minor,

or
an

impaired
person.

(C)
Whoever violates this section is guilty of pandering obscenity
involving a minor
,
a depiction of a purported minor,

or
an

impaired
person.

If

(1)
Except as otherwise provided in this division, if
the
offense involves a minor

or a depiction of a purported minor
,
a violation of division (A)(1), (2), (3), (4), or (6) of this section
is a felony of the second degree.

If the offense involves a minor or a depiction of a purported minor
and depicts an offense of violence or involves a minor under the age
of thirteen or a depiction of a purported minor under the age of
thirteen, the court shall impose upon the offender as a mandatory
prison term one of the prison terms prescribed in division (A)(2)(a)
of section 2929.14 of the Revised Code for a felony of the second
degree.

(2)

If
the offense involves an impaired person, a violation of division
(A)(1), (2), (3), (4), or (6) of this section is a felony of the
third degree.

A

(3)(a)
Except as provided in division (C)(3)(b) or (c) of this section, a

violation
of division (A)(5) of this section is a felony of the fourth degree.

If

(b)
Except as provided in division (C)(3)(c) of this section, if
the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.322 or 2907.323 of the
Revised Code,
pandering
obscenity involving a minor or impaired person in
a

violation
of division (A)(5) of this section is a felony of the third degree.

(c)
A violation of division (A)(5) of this section is a felony of the
third degree and the court shall impose upon the offender as a
mandatory prison term one of the prison terms prescribed in division
(A)(3)(a) of section 2929.14 of the Revised Code for a felony of the
third degree if the material depicts an offense of violence or the
material includes a minor under the age of thirteen or a depiction of
a purported minor under the age of thirteen.

(D)

In
addition to any other sanctions imposed pursuant to division (C)(3)
of this section for committing a violation of division (A)(5) of this
section, if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1427 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term under division
(B)(12) of section 2929.14 of the Revised Code.

(E)

As
used in this section and sections 2907.322 and 2907.323 of the
Revised Code
,
"impaired
:

(1)
"Artificially generated depiction" means a visual depiction
of an actual person that was created or edited by artificial
intelligence or other computer-generated means and that a reasonable
person would believe depicts or represents an actual person who is
identifiable by the person's face, likeness, or other distinguishing
characteristic.

(2)
"Depiction of a purported minor" means a visual
representation that appears to depict an actual minor that a
reasonable person would believe depicts or represents an actual minor
but may or may not depict an actual minor.

(3)
"Impaired
person"
means a person whose ability to resist or consent is substantially
impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to
believe that the other person's ability to resist or consent is
substantially impaired because of a mental or physical condition or
because of advanced age.

(4)
"Offense of violence" has the same meaning as in section
2901.01 of the Revised Code.

Sec.
2907.322.
(A)
No person, with knowledge of the character of the material or
performance involved, shall do any of the following:

(1)
Create, record, photograph, film, develop, reproduce, or publish any
material that shows a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;

(2)
Advertise for sale or dissemination, sell, distribute, transport,
disseminate, exhibit, or display any material that shows a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;

(3)
Create, direct, or produce a performance that shows a minor
,
an artificially generated depiction of a minor,

or

an

impaired person participating or engaging in sexual activity,
masturbation, or bestiality;

(4)
Advertise for presentation, present, or participate in presenting a
performance that shows a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;

(5)
Knowingly solicit, receive, purchase, exchange, possess, or control
any material that shows a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;

(6)
Bring or cause to be brought into this state any material that shows
a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;

(7)
Bring, cause to be brought, or finance the bringing of any minor
,
an artificially generated depiction of a minor,

or

an

impaired person into or across this state with the intent that the
minor or impaired person engage in sexual activity, masturbation, or
bestiality in a performance or for the purpose of producing material
containing a visual representation depicting the minor
,
an artificially generated depiction of a minor,

or
an

impaired
person engaged in sexual activity, masturbation, or bestiality.

(B)(1)
This section does not apply to any material or performance that is
sold, disseminated, displayed, possessed, controlled, brought or
caused to be brought into this state, or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial,
or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or
research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the material or performance.

(2)
Mistake of age is not a defense to a charge under this section.

(3)
In a prosecution under this section, the trier of fact may infer that
a person in the material or performance involved is a minor
,
an artificially generated depiction of a minor,

or

an

impaired person if the material or performance, through its title,
text, visual representation, or otherwise, represents or depicts the
person as a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person.

(C)

No
person who is under eighteen years of age shall knowingly possess or
view any material or performance that shows another who is at least
fourteen years of age but less than eighteen years of age engaging in
sexual activity or masturbation when both of the following apply:

(1)
The material or performance depicts only the offender or another
person as described in division (C)(2) of this section.

(2)
The offender had reasonable cause to believe that all persons
depicted in the material or performance transmitted or otherwise
agreed to the transmission of the material or performance.

(D)
No person who is under eighteen years of age shall knowingly deliver,
furnish, disseminate, provide, exhibit, or present any material or
performance that depicts the offender engaging in sexual activity or
masturbation to another person who is at least fourteen years of age
but less than eighteen years of age when both of the following apply:

(1)
The material or performance depicts only the offender or persons who
are the recipient of the material or performance.

(2)
The offender had reasonable cause to believe that any person who
received the material or performance solicited or otherwise agreed to
receive the material or performance.

(E)

Whoever
violates this section is guilty of pandering sexually oriented matter
involving a minor
,
an artificially generated depiction of a minor,

or
an

impaired
person.

If

(1)
Except as otherwise provided in this division, if
the
offense involves a minor

or an artificially generated depiction of a minor
,
a violation of division (A)(1), (2), (3), (4), (6), or (7) of this
section is a felony of the second degree.

If the offense involves a minor or an artificially generated
depiction of a minor and depicts an offense of violence or involves a
minor under the age of thirteen or an artificially generated
depiction of a minor under the age of thirteen, the court shall
impose upon the offender as a mandatory prison term one of the prison
terms prescribed in division (A)(2)(a) of section 2929.14 of the
Revised Code for a felony of the second degree.

(2)

If the offense involves an impaired person, a violation of division
(A)(1), (2), (3), (4), (6), or (7) of this section is a felony of the
third degree.

Violation

(3)(a)
Except as provided in division (E)(3)(b) or (c) of this section, a
violation
of
division (A)(5) of this section is a felony of the fourth degree.

If

(b)
Except as provided in division (E)(3)(c) of this section, if
the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 or 2907.323 of the
Revised Code,
pandering
sexually oriented matter involving a minor or impaired person in
a

violation
of division (A)(5) of this section is a felony of the third degree.

(c)
A violation of division (A)(5) of this section is a felony of the
third degree and the court shall impose upon the offender as a
mandatory prison term one of the prison terms prescribed in division
(A)(3)(a) of section 2929.14 of the Revised Code for a felony of the
third degree if the material depicts an offense of violence or the
material includes a minor under the age of thirteen or an
artificially generated depiction of a minor under the age of
thirteen.

(F)
In addition to any other sanctions imposed pursuant to division
(E)(3) of this section for committing a violation of division (A)(5)
of this section, if the offender also is convicted of or pleads
guilty to a specification of the type described in section 2941.1427
of the Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term under division
(B)(12) of section 2929.14 of the Revised Code.

(G)
Whoever violates division (C) or (D) of this section is guilty of a
misdemeanor of the first degree. If the offender has previously been
adjudicated a delinquent child for committing an act that would be a
violation of division (C) of this section, the offender is guilty of
a felony of the fifth degree. If the offender has previously been
adjudicated a delinquent child for committing an act that would be a
violation of division (D) of this section, the offender is guilty of
a felony of the second degree.

(H)
A prosecution for a violation of division (C) or (D) of this section
does not preclude a prosecution for a violation of any other section
of the Revised Code. One or more acts, a series of acts, or a course
of behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section of
the Revised Code, the other section of the Revised Code, or both
sections.

Sec.
2907.323.
(A)
No person shall do any of the following:

(1)
Photograph any minor or impaired person who is not the person's child
or ward in a state of nudity, or create, direct, produce, or transfer
any material or performance that shows the minor
,
an artificially generated depiction of the minor,

or

the

impaired person in a state of nudity, unless both of the following
apply:

(a)
The material or performance is, or is to be, sold, disseminated,
displayed, possessed, controlled, brought or caused to be brought
into this state, or presented for a bona fide artistic, medical,
scientific, educational, religious, governmental, judicial, or other
proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research,
librarian, member of the clergy, prosecutor, judge, or other person
having a proper interest in the material or performance;

(b)
The minor's or impaired person's parents, guardian, or custodian
consents in writing to the photographing of the minor or impaired
person, to the use of the minor
,
the artificially generated depiction of the minor,

or
the

impaired
person in the material or performance, or to the transfer of the
material and to the specific manner in which the material or
performance is to be used.

(2)
Consent to the photographing of the person's child or ward who is a
minor or impaired person, or photograph the person's child or ward
who is a minor or impaired person, in a state of nudity or consent to
the use of the person's child or ward who is a minor
,
an artificially generated depiction of the minor,

or
an

impaired
person in a state of nudity in any material or performance, or use or
transfer a material or performance of that nature, unless the
material or performance is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or
presented for a bona fide artistic, medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or to
a physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, member of the
clergy, prosecutor, judge, or other person having a proper interest
in the material or performance;

(3)
Possess or view any material or performance that shows a minor
,
an artificially generated depiction of a minor,

or

an

impaired person who is not the person's child or ward in a state of
nudity, unless one of the following applies:

(a)
The material or performance is sold, disseminated, displayed,
possessed, controlled, brought or caused to be brought into this
state, or presented for a bona fide artistic, medical, scientific,
educational, religious, governmental, judicial, or other proper
purpose, by or to a physician, psychologist, sociologist, scientist,
teacher, person pursuing bona fide studies or research, librarian,
member of the clergy, prosecutor, judge, or other person having a
proper interest in the material or performance.

(b)
The person knows that the minor's or impaired person's parents,
guardian, or custodian has consented in writing to the photographing
or use of the minor
,
an artificially generated depiction of the minor,

or

the

impaired person in a state of nudity and to the manner in which the
material or performance is used or transferred.

(B)

No
person who is under eighteen years of age shall knowingly possess or
view any material or performance that shows another who is at least
fourteen years of age but less than eighteen years of age in a state
of nudity when both of the following apply:

(1)
The material or performance depicts only the other person.

(2)
The offender had reasonable cause to believe that the other person
transmitted or otherwise agreed to the transmission of the material
or performance.

(C)
No person who is under eighteen years of age shall knowingly deliver,
furnish, disseminate, provide, exhibit, or present any material or
performance that depicts the offender in a state of nudity to another
person who is at least fourteen years of age but less than eighteen
years of age when both of the following apply:

(1)
The material or performance depicts only the offender.

(2)
The offender had reasonable cause to believe that the other person
solicited or otherwise agreed to receive the material or performance.

(D)

Whoever
violates this section is guilty of illegal use of a minor
,
an artificially generated depiction of a minor,

or

an

impaired person in a nudity-oriented material or performance
.
If

and shall be punished as follows:

(1)
Except as otherwise provided in division (D)(2) or (4) of this
section, if
the
offense involves a minor

or an artificially generated depiction of a minor
,
whoever violates division (A)(1) or (2) of this section is guilty of
a felony of the second degree.

If the offense involves a minor under the age of thirteen or an
artificially generated depiction of a minor under the age of
thirteen, the court shall impose upon the offender as a mandatory
prison term one of the prison terms prescribed in division (A)(2)(a)
of section 2929.14 of the Revised Code for a felony of the second
degree.

(2)

If

Except
as otherwise provided in division (D)(4) of this section, if
the
offense involves an impaired person, whoever violates division (A)(1)
or (2) of this section is guilty of a felony of the third degree.

(3)(a)

Except as otherwise provided in
this

division

(D)(3)(b) or (c) of this section
,
whoever violates division (A)(3) of this section is guilty of a
felony of the fifth degree.

If

(b)
Except as provided in division (D)(3)(c) of this section, if
the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 or 2907.322 of the
Revised Code,
illegal
use of a minor or impaired person in a nudity-oriented material or
performance in
a

violation
of division (A)(3) of this section is a felony of the fourth degree.

(c)
A violation of division (A)(3) of this section is a felony of the
fourth degree and the court shall impose upon the offender as a
mandatory prison term one of the prison terms prescribed in division
(A)(4) of section 2929.14 of the Revised Code for a felony of the
fourth degree if the offense involves a minor under the age of
thirteen or an artificially generated depiction of a minor under the
age of thirteen.

(d)
In addition to any other sanctions imposed pursuant to division
(D)(3) of this section for committing a violation of division (A)(3)
of this section, if the offender also is convicted of or pleads
guilty to a specification of the type described in section 2941.1427
of the Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term under division
(B)(12) of section 2929.14 of the Revised Code.

(4)

If the offender who commits a violation of division (A)(1) or (2) of
this section that involves a minor also is convicted of or pleads
guilty to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in
division (B)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division (B)(8)
of section 2929.18 of the Revised Code.

(5)
Whoever violates division (B) or (C) of this section is guilty of a
misdemeanor of the first degree. If the offender has previously been
adjudicated a delinquent child for committing an act that would be a
violation of division (B) of this section, the offender is guilty of
a felony of the fifth degree. If the offender has previously been
adjudicated a delinquent child for committing an act that would be a
violation of division (C) of this section, the offender is guilty of
a felony of the second degree.

(E)
A prosecution for a violation of division (B) or (C) of this section
does not preclude a prosecution for a violation of any other section
of the Revised Code. One or more acts, a series of acts, or a course
of behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section of
the Revised Code, the other section of the Revised Code, or both
sections.

Sec.
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),
(B)(12),

(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.

(12)
If an offender is convicted of or pleads guilty to a violation of
division (A)(5) of section 2907.321 or 2907.322, or division (A)(3)
of section 2907.323 of the Revised Code and also is convicted of or
pleads guilty to a specification of the type described in section
2941.1427 of the Revised Code that charges that the offender was at
least eighteen years of age at the time of the offense and the
material possessed by the offender consisted of one hundred or more
images, the court shall impose upon the offender a definite prison
term of five years.

(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.

(f)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(12) of this section, the offender shall serve the
mandatory prison term so imposed 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.

Sec.
2941.1427.
Imposition
of a mandatory five-year prison term under division (B)(12) of
section 2929.14 of the Revised Code is precluded unless the offender
is convicted of or pleads guilty to a violation of division (A)(5) of
section 2907.321 or 2907.322, or division (A)(3) of section 2907.323
of the Revised Code and unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender was at least eighteen years of age at the time of the
offense and the material possessed by the offender consisted of one
hundred or more images. The specification 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 Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender was at
least eighteen years of age at the time of the offense and the
material possessed by the offender consisted of one hundred or more
images)."

For
purposes of this section, a single motion picture film, video, or
digital recording shall be deemed equivalent to seventy-five images.

Sec.
2950.01.
As
used in this chapter, unless the context clearly requires otherwise:

(A)
"Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:

(1)
A violation of
division
(A)(1) of section 2907.04, division (A) of section 2907.322 or
2907.323, or
section
2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.21,
2907.22, 2907.32,
or

2907.321
,
2907.322, or 2907.323

of the Revised Code;

(2)
A violation of
division
(A)(2) of
section
2907.04 of the Revised Code when the offender is less than four years
older than the other person with whom the offender engaged in sexual
conduct, the other person did not consent to the sexual conduct, and
the offender previously has not been convicted of or pleaded guilty
to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised
Code or a violation of former section 2907.12 of the Revised Code;

(3)
A violation of
division
(A)(2) of
section
2907.04 of the Revised Code when the offender is at least four years
older than the other person with whom the offender engaged in sexual
conduct or when the offender is less than four years older than the
other person with whom the offender engaged in sexual conduct and the
offender previously has been convicted of or pleaded guilty to a
violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code
or a violation of former section 2907.12 of the Revised Code;

(4)
A violation of section 2903.01, 2903.02, or 2903.11 of the Revised
Code when the violation was committed with a sexual motivation;

(5)
A violation of division (A) of section 2903.04 of the Revised Code
when the offender committed or attempted to commit the felony that is
the basis of the violation with a sexual motivation;

(6)
A violation of division (A)(3) of section 2903.211 of the Revised
Code;

(7)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the offense is committed with a sexual
motivation;

(8)
A violation of division (A)(4) of section 2905.01 of the Revised
Code;

(9)
A violation of division (B) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age and the
offender is not a parent of the victim of the offense;

(10)
A violation of division (B) of section 2903.03, of division (B) of
section 2905.02, of division (B) of section 2905.03, of division (B)
of section 2905.05, or of division (B)(5) of section 2919.22 of the
Revised Code;

(11)
A violation of section 2905.32 of the Revised Code when either of the
following applies:

(a)
The violation is a violation of division (A)(1) of that section and
the offender knowingly recruited, lured, enticed, isolated, harbored,
transported, provided, obtained, or maintained, or knowingly
attempted to recruit, lure, entice, isolate, harbor, transport,
provide, obtain, or maintain, another person knowing that the person
would be compelled to engage in sexual activity for hire, engage in a
performance that was obscene, sexually oriented, or nudity oriented,
or be a model or participant in the production of material that was
obscene, sexually oriented, or nudity oriented.

(b)
The violation is a violation of division (A)(2) of that section and
the offender knowingly recruited, lured, enticed, isolated, harbored,
transported, provided, obtained, or maintained, or knowingly
attempted to recruit, lure, entice, isolate, harbor, transport,
provide, obtain, or maintain a person who is less than eighteen years
of age or is a person with a developmental disability whom the
offender knows or has reasonable cause to believe is a person with a
developmental disability for any purpose listed in divisions
(A)(2)(a) to (c) of that section.

(12)
A violation of division (B)(4) of section 2907.09 of the Revised Code
if the sentencing court classifies the offender as a tier I sex
offender/child-victim offender relative to that offense pursuant to
division (D) of that section;

(13)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section;

(14)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (A)(1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), or (13) of this section.

(B)(1)
"Sex offender" means, subject to division (B)(2) of this
section, a person who is convicted of, pleads guilty to, has been
convicted of, has pleaded guilty to, is adjudicated a delinquent
child for committing, or has been adjudicated a delinquent child for
committing any sexually oriented offense.

(2)
"Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty to,
is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing

a

either of the following:

(a)
A
sexually
oriented offense if the offense involves consensual sexual conduct

or
,

consensual
sexual contact
,

and either of the following applies:

(a)
(i)

The victim of the sexually oriented offense was eighteen years of age
or older and at the time of the sexually oriented offense was not
under the custodial authority of the person who is convicted of,
pleads guilty to, has been convicted of, has pleaded guilty to, is
adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing the sexually oriented
offense.

(b)
(ii)

The victim of the offense was thirteen years of age or older, and the
person who is convicted of, pleads guilty to, has been convicted of,
has pleaded guilty to, is adjudicated a delinquent child for
committing, or has been adjudicated a delinquent child for committing
the sexually oriented offense is not more than four years older than
the victim.

(b)
A violation of division (C) or (D) of section 2907.322 or division
(B) or (C) of section 2907.323 of the Revised Code.

(C)
"Child-victim oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age, when the victim is under eighteen years of age and is
not a child of the person who commits the violation:

(1)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the violation is not included in division
(A)(7) of this section;

(2)
A violation of division (A) of section 2905.02, division (A) of
section 2905.03, or division (A) of section 2905.05 of the Revised
Code;

(3)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (C)(1) or (2) of this section;

(4)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (C)(1), (2), or (3) of this
section.

(D)
"Child-victim offender" means a person who is convicted of,
pleads guilty to, has been convicted of, has pleaded guilty to, is
adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.

(E)
"Tier I sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.06, 2907.07, 2907.08, 2907.22, or 2907.32
of the Revised Code;

(b)
A violation of
division
(A)(2) of
section
2907.04 of the Revised Code when the offender is less than four years
older than the other person with whom the offender engaged in sexual
conduct, the other person did not consent to the sexual conduct, and
the offender previously has not been convicted of or pleaded guilty
to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised
Code or a violation of former section 2907.12 of the Revised Code;

(c)
A violation of division (A)(1), (2), (3), or (5)
or
(C)
of
section 2907.05 of the Revised Code;

(d)
A violation of division (A)(3) of section 2907.323 of the Revised
Code;

(e)
A violation of division (A)(3) of section 2903.211, of division (B)
of section 2905.03, or of division (B) of section 2905.05 of the
Revised Code;

(f)
A violation of division (B)(4) of section 2907.09 of the Revised Code
if the sentencing court classifies the offender as a tier I sex
offender/child-victim offender relative to that offense pursuant to
division (D) of that section;

(g)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States, that is or was substantially equivalent to any
offense listed in division (E)(1)(a), (b), (c), (d), (e), or (f) of
this section;

(h)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (E)(1)(a), (b), (c), (d),
(e), (f), or (g) of this section.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to a child-victim oriented
offense and who is not within either category of child-victim
offender described in division (F)(2) or (G)(2) of this section.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier I sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and who a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier I sex offender/child-victim offender relative to
the offense.

(F)
"Tier II sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.21
,

or

2907.321
,

of
the Revised Code
or

division (A) of section

2907.322 of the Revised Code;

(b)
A violation of
division
(A)(1) of
section
2907.04 of the Revised Code

or a violation of division (A)(2) of section 2907.04 of the Revised
Code

when the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or former
section 2907.12 of the Revised Code;

(c)
A violation of section 2907.03 of the Revised Code if the sexual
activity involved is sexual contact;

(d)
A violation of division (A)(4) of section 2907.05 or of division
(A)(1) or (2) of section 2907.323 of the Revised Code;

(e)
A violation of division (A)(1), (2), (3), or (5) of section 2905.01
of the Revised Code when the offense is committed with a sexual
motivation;

(f)
A violation of division (A)(4) of section 2905.01 of the Revised Code
when the victim of the offense is eighteen years of age or older;

(g)
A violation of division (B) of section 2905.02 or of division (B)(5)
of section 2919.22 of the Revised Code;

(h)
A violation of section 2905.32 of the Revised Code that is described
in division (A)(11)(a) or (b) of this section;

(i)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section;

(j)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (F)(1)(a), (b), (c), (d),
(e), (f), (g), (h), or (i) of this section;

(k)
Any sexually oriented offense that is committed after the sex
offender previously has been convicted of, pleaded guilty to, or has
been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier I sex offender/child-victim offender.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any child-victim oriented
offense when the child-victim oriented offense is committed after the
child-victim offender previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for which
the offender was classified a tier I sex offender/child-victim
offender.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier II sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and whom a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier II sex offender/child-victim offender relative to
the current offense.

(5)
A sex offender or child-victim offender who is not in any category of
tier II sex offender/child-victim offender set forth in division
(F)(1), (2), (3), or (4) of this section, who prior to January 1,
2008, was adjudicated a delinquent child for committing a sexually
oriented offense or child-victim oriented offense, and who prior to
that date was determined to be a habitual sex offender or determined
to be a habitual child-victim offender, unless either of the
following applies:

(a)
The sex offender or child-victim offender is reclassified pursuant to
section 2950.031 or 2950.032 of the Revised Code as a tier I sex
offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(b)
A juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies the child a tier I sex
offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(G)
"Tier III sex offender/child-victim offender" means any of
the following:

(1)
A sex offender who is convicted of, pleads guilty to, has been
convicted of, or has pleaded guilty to any of the following sexually
oriented offenses:

(a)
A violation of section 2907.02 of the Revised Code or a violation of
section 2907.03 of the Revised Code if the sexual activity involved
is sexual conduct;

(b)
A violation of division (B) of section 2907.05 of the Revised Code;

(c)
A violation of section 2903.01, 2903.02, or 2903.11 of the Revised
Code when the violation was committed with a sexual motivation;

(d)
A violation of division (A) of section 2903.04 of the Revised Code
when the offender committed or attempted to commit the felony that is
the basis of the violation with a sexual motivation;

(e)
A violation of division (A)(4) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age;

(f)
A violation of division (B) of section 2905.01 of the Revised Code
when the victim of the offense is under eighteen years of age and the
offender is not a parent of the victim of the offense;

(g)
A violation of division (B) of section 2903.03 of the Revised Code;

(h)
A violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States, any
existing or former law applicable in a military court or in an Indian
tribal court, or any existing or former law of any nation other than
the United States that is or was substantially equivalent to any
offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g)
of this section;

(i)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (G)(1)(a), (b), (c), (d),
(e), (f), (g), or (h) of this section;

(j)
Any sexually oriented offense that is committed after the sex
offender previously has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing any sexually oriented
offense or child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier III
sex offender/child-victim offender.

(2)
A child-victim offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any child-victim oriented
offense when the child-victim oriented offense is committed after the
child-victim offender previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for which
the offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.

(3)
A sex offender who is adjudicated a delinquent child for committing
or has been adjudicated a delinquent child for committing any
sexually oriented offense and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier III sex offender/child-victim offender relative to
the offense.

(4)
A child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for committing
any child-victim oriented offense and whom a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier III sex offender/child-victim offender relative to
the current offense.

(5)
A sex offender or child-victim offender who is not in any category of
tier III sex offender/child-victim offender set forth in division
(G)(1), (2), (3), or (4) of this section, who prior to January 1,
2008, was convicted of or pleaded guilty to a sexually oriented
offense or child-victim oriented offense or was adjudicated a
delinquent child for committing a sexually oriented offense or
child-victim oriented offense and classified a juvenile offender
registrant, and who prior to that date was adjudicated a sexual
predator or adjudicated a child-victim predator, unless either of the
following applies:

(a)
The sex offender or child-victim offender is reclassified pursuant to
section 2950.031 or 2950.032 of the Revised Code as a tier I sex
offender/child-victim offender or a tier II sex offender/child-victim
offender relative to the offense.

(b)
The sex offender or child-victim offender is a delinquent child, and
a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies the child a tier I sex
offender/child-victim offender or a tier II sex offender/child-victim
offender relative to the offense.

(6)
A sex offender who is convicted of, pleads guilty to, was convicted
of, or pleaded guilty to a sexually oriented offense, if the sexually
oriented offense and the circumstances in which it was committed are
such that division (F) of section 2971.03 of the Revised Code
automatically classifies the offender as a tier III sex
offender/child-victim offender;

(7)
A sex offender or child-victim offender who is convicted of, pleads
guilty to, was convicted of, pleaded guilty to, is adjudicated a
delinquent child for committing, or was adjudicated a delinquent
child for committing a sexually oriented offense or child-victim
offense in another state, in a federal court, military court, or
Indian tribal court, or in a court in any nation other than the
United States if both of the following apply:

(a)
Under the law of the jurisdiction in which the offender was convicted
or pleaded guilty or the delinquent child was adjudicated, the
offender or delinquent child is in a category substantially
equivalent to a category of tier III sex offender/child-victim
offender described in division (G)(1), (2), (3), (4), (5), or (6) of
this section.

(b)
Subsequent to the conviction, plea of guilty, or adjudication in the
other jurisdiction, the offender or delinquent child resides, has
temporary domicile, attends school or an institution of higher
education, is employed, or intends to reside in this state in any
manner and for any period of time that subjects the offender or
delinquent child to a duty to register or provide notice of intent to
reside under section 2950.04 or 2950.041 of the Revised Code.

(H)
"Confinement" includes, but is not limited to, a community
residential sanction imposed pursuant to section 2929.16 or 2929.26
of the Revised Code.

(I)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(J)
"Supervised release" means a release of an offender from a
prison term, a term of imprisonment, or another type of confinement
that satisfies either of the following conditions:

(1)
The release is on parole, a conditional pardon, under a community
control sanction, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer, or
another type of supervising officer.

(2)
The release is any type of release that is not described in division
(J)(1) of this section and that requires the person to report to or
be supervised by a probation officer, a parole officer, a field
officer, or another type of supervising officer.

(K)
"Sexually violent predator specification," "sexually
violent predator," "sexually violent offense," "sexual
motivation specification," "designated homicide, assault,
or kidnapping offense," and "violent sex offense" have
the same meanings as in section 2971.01 of the Revised Code.

(L)
"Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.

(M)
"Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January 1,
2002, a sexually oriented offense or a child-victim oriented offense,
who is fourteen years of age or older at the time of committing the
offense, and who a juvenile court judge, pursuant to an order issued
under section 2152.82, 2152.83, 2152.84, 2152.85, or 2152.86 of the
Revised Code, classifies a juvenile offender registrant and specifies
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code. "Juvenile offender registrant"
includes a person who prior to January 1, 2008, was a "juvenile
offender registrant" under the definition of the term in
existence prior to January 1, 2008, and a person who prior to July
31, 2003, was a "juvenile sex offender registrant" under
the former definition of that former term.

(N)
"Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender dispositional
sentence under section 2152.13 of the Revised Code before, on, or
after January 1, 2008, and to whom all of the following apply:

(1)
The person is adjudicated a delinquent child for committing,
attempting to commit, conspiring to commit, or complicity in
committing one of the following acts:

(a)
A violation of section 2907.02 of the Revised Code, division (B) of
section 2907.05 of the Revised Code, or section 2907.03 of the
Revised Code if the victim of the violation was less than twelve
years of age;

(b)
A violation of section 2903.01, 2903.02, or 2905.01 of the Revised
Code that was committed with a purpose to gratify the sexual needs or
desires of the child;

(c)
A violation of division (B) of section 2903.03 of the Revised Code.

(2)
The person was fourteen, fifteen, sixteen, or seventeen years of age
at the time of committing the act.

(3)
A juvenile court judge, pursuant to an order issued under section
2152.86 of the Revised Code, classifies the person a juvenile
offender registrant, specifies the person has a duty to comply with
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and
classifies the person a public registry-qualified juvenile offender
registrant, and the classification of the person as a public
registry-qualified juvenile offender registrant has not been
terminated pursuant to division (D) of section 2152.86 of the Revised
Code.

(O)
"Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked and
under the exclusive control of its staff and to ensure that, because
of that exclusive control, no person who is institutionalized or
confined in the facility may leave the facility without permission or
supervision.

(P)
"Out-of-state juvenile offender registrant" means a person
who is adjudicated a delinquent child in a court in another state, in
a federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense or a child-victim oriented offense, who on
or after January 1, 2002, moves to and resides in this state or
temporarily is domiciled in this state for more than five days, and
who has a duty under section 2950.04 or 2950.041 of the Revised Code
to register in this state and the duty to otherwise comply with that
applicable section and sections 2950.05 and 2950.06 of the Revised
Code. "Out-of-state juvenile offender registrant" includes
a person who prior to January 1, 2008, was an "out-of-state
juvenile offender registrant" under the definition of the term
in existence prior to January 1, 2008, and a person who prior to July
31, 2003, was an "out-of-state juvenile sex offender registrant"
under the former definition of that former term.

(Q)
"Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15) of
section 2151.23 of the Revised Code.

(R)
"Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious
youthful offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.

(S)
"School" and "school premises" have the same
meanings as in section 2925.01 of the Revised Code.

(T)
"Residential premises" means the building in which a
residential unit is located and the grounds upon which that building
stands, extending to the perimeter of the property. "Residential
premises" includes any type of structure in which a residential
unit is located, including, but not limited to, multi-unit buildings
and mobile and manufactured homes.

(U)
"Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or two or more persons who maintain a
common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.

(V)
"Multi-unit building" means a building in which is located
more than twelve residential units that have entry doors that open
directly into the unit from a hallway that is shared with one or more
other units. A residential unit is not considered located in a
multi-unit building if the unit does not have an entry door that
opens directly into the unit from a hallway that is shared with one
or more other units or if the unit is in a building that is not a
multi-unit building as described in this division.

(W)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(X)
"Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.

(Y)
A person is in a "restricted offender category" if both of
the following apply with respect to the person:

(1)
The person has been convicted of, is convicted of, has pleaded guilty
to, or pleads guilty to a sexually oriented offense where the victim
was under the age of eighteen or a child-victim oriented offense.

(2)
With respect to the offense described in division (Y)(1) of this
section, one of the following applies:

(a)
With respect to that offense, the person is a tier II sex
offender/child-victim offender or is a tier III sex
offender/child-victim offender who is subject to the duties imposed
by sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code.

(b)
With respect to that offense if it was committed prior to January 1,
2008, under the version of Chapter 2950. of the Revised Code in
effect prior to January 1, 2008, the person was adjudicated a sexual
predator, was adjudicated a child-victim predator, was classified a
habitual sex offender, or was classified a habitual child-victim sex
offender.

(Z)
"Adjudicated a sexual predator," "adjudicated a
child-victim predator," "habitual sex offender," and
"habitual child-victim offender" have the meanings of those
terms that applied to them under Chapter 2950. of the Revised Code
prior to January 1, 2008.

(AA)
"Fixed residence address" means a permanent residential
address. "Fixed residence address" does not include a
temporary address, including a place or places that a homeless person
stays or intends to stay, unless that place is a shelter that intends
to allow the homeless person to stay for thirty or more consecutive
days.

(BB)
"Homeless" has the same meaning as in 42 U.S.C. 11302.

Section
2.
That
existing sections 959.99, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2929.14, and 2950.01 of the Revised Code are hereby
repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
959.99 of the Revised Code as amended by both H.B. 281 and S.B. 164
of the 134th General Assembly.

Section
2929.14 of the Revised Code as amended by H.B. 37, H.B. 56, H.B. 111,
and S.B. 106, all of the 135th General Assembly.

Section
2950.01 of the Revised Code as amended by both H.B. 289 and S.B. 109
of the 135th General Assembly.