Ohio Crim. R. 2 (2026)

As used in these rules:

(A) "Felony" means an offense defined by law as a felony.

(B) "Misdemeanor" means an offense defined by law as a misdemeanor.

(C) "Serious offense" means any felony, and any misdemeanor for which the penalty prescribed by law includes confinement for more than six months.

(D) "Petty offense" means a misdemeanor other than a serious offense.

(E) "Judge" means judge of the court of common pleas, juvenile court, municipal court, or county court, or the mayor or mayor's court magistrate of a municipal corporation having a mayor's court.

(F) "Magistrate" means any person appointed by a court pursuant to Crim.R. 19. "Magistrate" does not include an official included within the definition of magistrate contained in section 2931.01 of the Revised Code, or a mayor's court magistrate appointed pursuant to section 1905.05 of the Revised Code.

(G) "Prosecuting attorney" means the attorney general of this state, the prosecuting attorney of a county, the law director, city solicitor, or other officer who prosecutes a criminal case on behalf of the state or a city, village, township, or other political subdivision, and the assistant or assistants of any of them. As used in Crim.R. 6, "prosecuting attorney" means the attorney general of this state, the prosecuting attorney of a county, and the assistant or assistants of either of them.

(H) "State" means this state, a county, city, village, township, other political subdivision, or any other entity of this state that may prosecute a criminal action.

(I) "Clerk of court" means the duly elected or appointed clerk of any court of record, or the deputy clerk, and the mayor or mayor's court magistrate of a municipal corporation having a mayor's court.

(J) "Law enforcement officer" means a sheriff, deputy sheriff, constable, municipal police officer, marshal, deputy marshal, or state highway patrolman, and also means any officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, the authority to arrest violators is conferred, when the officer, agent, or employee is acting within the limits of statutory authority. The definition of "law enforcement officer" contained in this rule shall not be construed to limit, modify, or expand any statutory definition, to the extent the statutory definition applies to matters not covered by the Rules of Criminal Procedure.

(K) “Appear,” “appearance,” or “in person” mean the physical or remote presence of an individual.

(L) “In person” means the physical or remote presence of an individual except as provided by Crim.R. 17(D).

(M) “Open court” includes a court proceeding open to the public in person or by remote access to the live proceeding.

(N) “Personally” means the physical or remote presence of an individual except as provided by Crim.R. 4(D)(3) and (4).

(O) “Presence” includes the physical or remote presence of an individual.

(P) “Remote presence” means the presence of a person who is using live two-way video and audio technology.

(Q) “Victim” has the same meaning as provided in Chapter 2930 of the Revised Code. For purposes of these rules, the term “victim” includes the “victim’s representative” and “victim’s attorney,” as those terms are defined in Chapter 2930 of the Revised Code.

Effective Date: July 1, 1973 Amended: July 1, 1976; July 1, 1990; July 1, 2023; July 1, 2025

Staff Note (July 1, 2025 Amendment)

CrimR.2 (Q)

Subsection (Q), definition of “victim.” In that the rules provide procedural implementation of substantive law, the meaning of “victim” in the rules needs to be consistent with the definitions found in Article I, Section 10a of the Ohio Constitution and R.C. 2930.01, respectively. R.C. 2930.01(H) defines “victim” as having “the same meaning as in Section 10a of Article I of the Ohio Constitution,” which, with few exceptions, is “a person against whom the criminal offense or delinquent act is committed or who is directly and proximately harmed by the commission of the offense or act.” (Ohio Const., art. I, § 10a (D), emphasis added). “Criminal offense” is not defined in Article I, Sec. 10a of the Ohio Constitution.

R.C. 2930.01(A) defines “criminal offense,” to include “alleged” acts or omissions — thus avoiding any confusion between an alleged criminal offense and a criminal offense for which the defendant has already been found guilty or adjudicated delinquent. By adopting the statutory meaning of “victim,” the rules also avoid confusion as to whether there can be a “victim” prior to the return of a guilty verdict or an adjudication of delinquency — “victim” encompasses all stages of the process and should not be interpreted as diminishing the constitutional presumption of innocence.