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Ohio Revised Code

Ohio Rev. Code § 2929.02 (2026)

Murder penalties

✓ current as of May 2026
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Effective:
April 12, 2021
Latest Legislation:
Senate Bill 256, House Bill 136 - 133rd General Assembly
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(A) Whoever is convicted of or pleads guilty to aggravated murder in violation of section 2903.01 of the Revised Code shall suffer death or be imprisoned for life, as determined pursuant to sections 2929.022, 2929.03, and 2929.04 of the Revised Code, except that no person who is not found to have been eighteen years of age or older at the time of the commission of the offense shall be imprisoned for life without parole, and that no person who raises the matter of age pursuant to section 2929.023 of the Revised Code and who is not found to have been eighteen years of age or older at the time of the commission of the offense and no person who raises the matter of the person's serious mental illness at the time of the alleged commission of the offense pursuant to section 2929.025 of the Revised Code and is found under that section to be ineligible for a sentence of death due to serious mental illness shall suffer death. In addition, the offender may be fined an amount fixed by the court, but not more than twenty-five thousand dollars.

(B)(1) Except as otherwise provided in division (B)(2) or (3) of this section, whoever is convicted of or pleads guilty to murder in violation of section 2903.02 of the Revised Code shall be imprisoned for an indefinite term of fifteen years to life.

(2) Except as otherwise provided in division (B)(3) of this section, if a person is convicted of or pleads guilty to murder in violation of section 2903.02 of the Revised Code, the victim of the offense was less than thirteen years of age, and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the court shall impose an indefinite prison term of thirty years to life pursuant to division (B)(3) of section 2971.03 of the Revised Code.

(3) Except as otherwise provided in this division, if a person is convicted of or pleads guilty to murder in violation of section 2903.02 of the Revised Code and also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information that charged the murder, the court shall impose upon the offender a term of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code. If the offender was under eighteen years of age at the time of the offense, the court shall impose an indefinite prison term of thirty years to life.

(4) In addition, the offender may be fined an amount fixed by the court, but not more than fifteen thousand dollars.

(C) 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 an aggravated murder or murder 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.

(D) The court shall not impose a fine or fines for aggravated murder or murder which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to the offender or to the dependents of the offender, or will prevent the offender from making reparation for the victim's wrongful death.

(E)(1) In addition to any other sanctions imposed for a violation of section 2903.01 or 2903.02 of the Revised Code, if the offender used a motor vehicle as the means to commit the violation, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.

(2) As used in division (E) of this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Notes of Decisions
Cited in 315 cases (126 in the last 5 years), 1977–2026 · leading case: State v. Fuell, 2021 Ohio 1627 (Ohio Ct. App. 2021).
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State v. Fuell, 2021 Ohio 1627 (Ohio Ct. App. 2021). · cites it 13× “R.C. 2929.02 and R.C. 2929.03 were amended effective April 12, 2021.”
State v. Leegrand, 2022 Ohio 3623 (Ohio 2022). · cites it 17× “This similar treatment of sentences that are worded differently blurs the line between definite sentences and indefinite ones and extinguishes, or at least diminishes, the recognition of the potential for rehabilitation inherent in the imposition of an indefinite sentence.”
State v. Rodano, 2017 Ohio 1034 (Ohio Ct. App. 2017). · cites it 6× “Under the second assignment of error, he claims the evidence was insufficient to support his convictions of Counts 2 and 3.”
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). · cites it 5× “08(D) was unambiguous and “clearly means what it says: * * * a sentence [imposed for aggravated murder or murder pursuant to R.C. 2929.02 to 2929.06] cannot be reviewed.”
State v. Hand (Slip Opinion), 2016 Ohio 5504 (Ohio 2016). · cites it 4× “13(F) provides: Notwithstanding divisions (A) to (E) of this section, the court shall impose a prison term or terms under sections 2929.02 to 2929.06, section 2929.”
State v. Porterfield, 829 N.E.2d 690 (Ohio 2005). · cites it 5× “08(D) refers to R.C. 2929.02 through 2929.06 as “sections.”
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “27 (West 2004) Ohio Ohio Rev. Code Ann. § 2929.02 (A) (Lexis 2003) Oregon Ore.”
State v. Nitsche, 2016 Ohio 3170 (Ohio Ct. App. 2016). · cites it 3× “08(D)(3) provides: “A sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section.”
State v. Henderson (Slip Opinion), 2020 Ohio 4784 (Ohio 2020). · cites it 2× “The state had a full and fair opportunity to object to or challenge the trial court’s sentence.”
State v. Eaton, 2022 Ohio 2432 (Ohio Ct. App. 2022). · cites it 5× “To avoid any confusion on this issue, we find it necessary to definitively state that the sentence imposed under the Reagan Tokes Law includes both the definite minimum as well as the maximum, indefinite prison term.”
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019). · cites it 7× “08(D)(3) provides, “[a] sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under [R.”
State v. Gamble, 2021 Ohio 1810 (Ohio Ct. App. 2021). · cites it 4× “144 and the indefinite life felony sentences under R.C. 2929.02 are instructive. Under the sentencing structure enacted under the latter section, an offender is sentenced to a term of life with the possibility of parole after a set time period.”
Show all 315 citing cases →
— Ohio Rev. Code § 2929.02(2) — 1 case
Jackson v. Anderson, 141 F. Supp. 2d 811 (N.D. Ohio 2001).
— Ohio Rev. Code § 2929.02(8) — 1 case
Ray v. May (N.D. Ohio 2025).
— Ohio Rev. Code § 2929.02(A) — 45 cases
State v. Nitsche, 2016 Ohio 3170 (Ohio Ct. App. 2016). “08(D)(3) provides: “A sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section.”
State v. Woods, 2024 Ohio 467 (Ohio Ct. App. 2024).
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984).
State v. Bethel, 854 N.E.2d 150 (Ohio 2006).
State v. Garner, 656 N.E.2d 623 (Ohio 1995).
— Ohio Rev. Code § 2929.02(A)(1) — 2 cases
State v. Rodano, 2017 Ohio 1034 (Ohio Ct. App. 2017). “Under the second assignment of error, he claims the evidence was insufficient to support his convictions of Counts 2 and 3.”
State v. Michailides, 2018 Ohio 2399 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2929.02(A)(1)(a) — 2 cases
State v. Bortree, 2022 Ohio 3890 (Ohio 2022).
State v. Jones, 2013 Ohio 4820 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2929.02(A)(2) — 3 cases
State v. Rodano, 2017 Ohio 1034 (Ohio Ct. App. 2017). “Under the second assignment of error, he claims the evidence was insufficient to support his convictions of Counts 2 and 3.”
State v. Yarbrough, 95 Ohio St. 3d 227 (Ohio 2002).
State v. Yarbrough, 2002 Ohio 2126 (Ohio 2002).
— Ohio Rev. Code § 2929.02(B) — 72 cases
State v. Henderson (Slip Opinion), 2020 Ohio 4784 (Ohio 2020). “The state had a full and fair opportunity to object to or challenge the trial court’s sentence.”
State v. Anderson (Slip Opinion), 2016 Ohio 5791 (Ohio 2016).
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022).
State v. Adkins, 2020 Ohio 6799 (Ohio Ct. App. 2020).
State v. Eaton, 2022 Ohio 2432 (Ohio Ct. App. 2022). “To avoid any confusion on this issue, we find it necessary to definitively state that the sentence imposed under the Reagan Tokes Law includes both the definite minimum as well as the maximum, indefinite prison term.”
— Ohio Rev. Code § 2929.02(B)(1) — 64 cases
State v. Leegrand, 2022 Ohio 3623 (Ohio 2022). “This similar treatment of sentences that are worded differently blurs the line between definite sentences and indefinite ones and extinguishes, or at least diminishes, the recognition of the potential for rehabilitation inherent in the imposition of an indefinite sentence.”
State v. Fuell, 2021 Ohio 1627 (Ohio Ct. App. 2021). “R.C. 2929.02 and R.C. 2929.03 were amended effective April 12, 2021.”
State v. Lewis, 2019 Ohio 3031 (Ohio Ct. App. 2019).
State v. Smith, 2019 Ohio 155 (Ohio Ct. App. 2019). “08(D)(3) provides, “[a] sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under [R.”
State v. Starling, 2019 Ohio 1478 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.02(B)(1)(a) — 1 case
In re E.S., 2020 Ohio 4244 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.02(B)(3) — 1 case
State v. Watson, 2023 Ohio 1469 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.02(B)(4) — 2 cases
State v. Callaghan, 2021 Ohio 1047 (Ohio Ct. App. 2021).
State v. Warmus, 2011 Ohio 5827 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2929.02(C) — 1 case
State v. Price, 2025 Ohio 685 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.02(C)(2) — 1 case
State v. Springer, 586 N.E.2d 96 (Ohio 1992).
— Ohio Rev. Code § 2929.02(D) — 2 cases
Frazier v. Mitchell, 188 F. Supp. 2d 798 (N.D. Ohio 2001).
State v. Shellabarger, 2022 Ohio 4685 (Ohio Ct. App. 2022).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.