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Ohio Revised Code

Ohio Rev. Code § 2901.02 (2026)

Classification of crimes

✓ current as of May 2026
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Effective:
September 23, 2011
Latest Legislation:
House Bill 5 - 129th General Assembly
PDF:
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As used in the Revised Code:

(A) Offenses include aggravated murder, murder, felonies of the first, second, third, fourth, and fifth degree, misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.

(B) Aggravated murder when the indictment or the count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of Revised Code, and any other offense for which death may be imposed as a penalty, is a capital offense.

(C) Aggravated murder and murder are felonies.

(D) Regardless of the penalty that may be imposed, any offense specifically classified as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor.

(E) Any offense not specifically classified is a felony if imprisonment for more than one year may be imposed as a penalty.

(F) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.

(G) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:

(1) For an offense committed prior to January 1, 2004, a fine not exceeding one hundred dollars;

(2) For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars, community service under division (D) of section 2929.27 of the Revised Code, or a financial sanction other than a fine under section 2929.28 of the Revised Code.
Notes of Decisions
Cited in 97 cases (16 in the last 5 years), 1976–2026 · leading case: State v. Griffin, 2013 Ohio 5481 (Ohio 2013).
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State v. Griffin, 2013 Ohio 5481 (Ohio 2013). · cites it 16× “For example, after the United States Supreme Court had overturned Ohio’s death-penalty statutes, Norman 11 SUPREME COURT OF OHIO Henry and a codefendant were indicted for an aggravated murder committed in 1980.”
The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge, 2014 Ohio 2354 (Ohio 2014). · cites it 6× “32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
State v. Chappell, 2010 Ohio 5991 (Ohio 2010). · cites it 6× “) {¶ 32} For the purposes of the Revised Code, R.C. 2901.02 classifies offenses into categories and limits the category of “felony” to the following: (1) aggravated murder and murder as defined in the Revised Code, (2) any offense specifically classified as a felony in the…”
State v. Bishop (Slip Opinion), 2018 Ohio 5132 (Ohio 2018). · cites it 2× “” R.C. 2901.02(A). Thus, a guilty plea is entered to a charged offense, and “the maximum penalty involved” is the maximum penalty for that offense to which the defendant pleads guilty and not additional or collateral possible punishments that are an indirect consequence of the…”
State v. Henry, 446 N.E.2d 436 (Ohio 1983). · cites it 9× “I The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim.”
State v. White, 2012 Ohio 2583 (Ohio 2012). · cites it 2× “The state relied upon dicta from this court that “R.C. 2901.02(B) was amended effective April 4, 1984 so that only an offense for which death may be imposed as a penalty is a capital offense.”
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). · cites it 2× “R.C. 2901.02 classifies aggravated murder, murder, and felonies of the first, second, third, fourth, and fifth degree as felony offenses.”
State ex rel. Sensible Norwood v. Hamilton Cty. Bd. of Elections (Slip Opinion), 2016 Ohio 5919 (Ohio 2016). · cites it 2× “” R.C. 2901.02(D). An offense not otherwise classified is a felony “if imprisonment for more than one year may be imposed as a penalty.”
State v. Short, 2011 OH 3641 (Ohio 2011). “{¶ 80} Aggravated murder is a felony, R.C. 2901.02(C), and a sentence for aggravated murder with aggravating circumstances is imposed under “this chapter” — that is, R.”
State v. Sanders, 2008 WI 85 (Wis. 2008). · cites it 2× “Ohio Rev. Code Ann. § 2901.02 (A), (G) ( West 2006 ).”
Taylor v. Mitchell, 296 F. Supp. 2d 784 (N.D. Ohio 2003). · cites it 2× “Ohio Rev. Code § 2901.02(A). 5 . The sentencing instruction in Scott , as quoted by that Court, reads: If all 12 members of the jury find, by proof beyond a reasonable doubt, that the aggravating circumstances which Jay Scott was found guilty of committing outweigh the…”
State v. Clinkscale, 2009 Ohio 2746 (Ohio 2009). · cites it 2× “24(G)(2) which prohibits the substitution of alternate jurors during deliberation, particularly when the dismissed juror is the sole dissenter at the time of her dismissal.” II. Legal Analysis A. This Is a Capital Case {¶ 11} Our analysis of this case is guided by the fact that…”
Show all 97 citing cases →
— Ohio Rev. Code § 2901.02(A) — 18 cases
State v. Bishop (Slip Opinion), 2018 Ohio 5132 (Ohio 2018). “” R.C. 2901.02(A). Thus, a guilty plea is entered to a charged offense, and “the maximum penalty involved” is the maximum penalty for that offense to which the defendant pleads guilty and not additional or collateral possible punishments that are an indirect consequence of the…”
The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge, 2014 Ohio 2354 (Ohio 2014). “32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
Taylor v. Mitchell, 296 F. Supp. 2d 784 (N.D. Ohio 2003). “Ohio Rev. Code § 2901.02(A). 5 . The sentencing instruction in Scott , as quoted by that Court, reads: If all 12 members of the jury find, by proof beyond a reasonable doubt, that the aggravating circumstances which Jay Scott was found guilty of committing outweigh the…”
State v. Taylor, 676 N.E.2d 82 (Ohio 1997).
State v. Biros, 678 N.E.2d 891 (Ohio 1997).
— Ohio Rev. Code § 2901.02(A)(1)(B)(2) — 1 case
State v. Miley, 2011 Ohio 5647 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2901.02(A)(2) — 2 cases
State v. McCall, 2013 Ohio 2653 (Ohio Ct. App. 2013).
State v. Elsberry, 2013 Ohio 1378 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2901.02(A)(3) — 2 cases
State v. Bumphus, 372 N.E.2d 1357 (Ohio Ct. App. 1976).
State v. Elsberry, 2013 Ohio 1378 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2901.02(A)(9)(a) — 1 case
State v. Knauff, 2025 Ohio 3046 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2901.02(B) — 15 cases
State v. Griffin, 2013 Ohio 5481 (Ohio 2013). “For example, after the United States Supreme Court had overturned Ohio’s death-penalty statutes, Norman 11 SUPREME COURT OF OHIO Henry and a codefendant were indicted for an aggravated murder committed in 1980.”
State v. Henry, 446 N.E.2d 436 (Ohio 1983). “I The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim.”
State v. White, 2012 Ohio 2583 (Ohio 2012). “The state relied upon dicta from this court that “R.C. 2901.02(B) was amended effective April 4, 1984 so that only an offense for which death may be imposed as a penalty is a capital offense.”
State v. Clinkscale, 2009 Ohio 2746 (Ohio 2009). “24(G)(2) which prohibits the substitution of alternate jurors during deliberation, particularly when the dismissed juror is the sole dissenter at the time of her dismissal.” II. Legal Analysis A. This Is a Capital Case {¶ 11} Our analysis of this case is guided by the fact that…”
State v. Harwell, 102 Ohio St. 3d 128 (Ohio 2004).
— Ohio Rev. Code § 2901.02(B)(1)(a)(ii) — 1 case
State v. Cole, 2024 Ohio 5303 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2901.02(C) — 6 cases
State v. Chappell, 2010 Ohio 5991 (Ohio 2010). “) {¶ 32} For the purposes of the Revised Code, R.C. 2901.02 classifies offenses into categories and limits the category of “felony” to the following: (1) aggravated murder and murder as defined in the Revised Code, (2) any offense specifically classified as a felony in the…”
State v. Short, 2011 OH 3641 (Ohio 2011). “{¶ 80} Aggravated murder is a felony, R.C. 2901.02(C), and a sentence for aggravated murder with aggravating circumstances is imposed under “this chapter” — that is, R.”
State v. Hollingsworth, 758 N.E.2d 713 (Ohio Ct. App. 2001).
State v. Short, 2011 Ohio 3641 (Ohio 2011).
Lowe v. Smith, 2025 Ohio 4541 (Ohio 2025).
— Ohio Rev. Code § 2901.02(D) — 6 cases
The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge, 2014 Ohio 2354 (Ohio 2014). “32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
State ex rel. Sensible Norwood v. Hamilton Cty. Bd. of Elections (Slip Opinion), 2016 Ohio 5919 (Ohio 2016). “” R.C. 2901.02(D). An offense not otherwise classified is a felony “if imprisonment for more than one year may be imposed as a penalty.”
State v. Garland, 688 N.E.2d 557 (Ohio Ct. App. 1996).
Jones v. State, 23 A.3d 880 (Md. 2011).
In re Miller, 698 N.E.2d 124 (Ohio Ct. Cl. 1996).
— Ohio Rev. Code § 2901.02(E) — 8 cases
State ex rel. Sensible Norwood v. Hamilton Cty. Bd. of Elections (Slip Opinion), 2016 Ohio 5919 (Ohio 2016). “” R.C. 2901.02(D). An offense not otherwise classified is a felony “if imprisonment for more than one year may be imposed as a penalty.”
Jones v. State, 23 A.3d 880 (Md. 2011).
State v. Quisenberry, 634 N.E.2d 1009 (Ohio 1994).
State v. Rich, 621 N.E.2d 1352 (Ohio Ct. App. 1993).
State v. Morgan, 642 N.E.2d 1090 (Ohio 1994).
— Ohio Rev. Code § 2901.02(F) — 4 cases
State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 1984).
State v. Meyer, 706 N.E.2d 378 (Ohio Ct. App. 1997).
State v. Ricks, 2011 Ohio 3866 (Ohio Ct. App. 2011).
State v. Morgan, 2014 Ohio 654 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2901.02(G) — 12 cases
State v. Jones, 2000 Ohio 374 (Ohio 2000).
State v. Gilbert, 2021 Ohio 2810 (Ohio Ct. App. 2021).
State v. Keith, 720 N.E.2d 216 (Ohio Ct. App. 1998).
State v. Jackson, 2018 Ohio 19 (Ohio Ct. App. 2018).
State v. Williams, 2014 Ohio 718 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2901.02(G)(2) — 5 cases
State v. Hill, 2020 Ohio 3057 (Ohio Ct. App. 2020).
State v. Winters, 2022 Ohio 2061 (Ohio Ct. App. 2022).
State v. Jackson, 2018 Ohio 19 (Ohio Ct. App. 2018).
Glass v. Franklin Cty. Dept. of Animal Care & Control, 2023 Ohio 4804 (Ohio Ct. App. 2023).
Mentor v. Spehar, 2018 Ohio 3441 (Ohio Ct. App. 2018).
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