Ohio Rev. Code » Chapter 2930
Ohio Revised Code

Ohio Rev. Code § 2930.02 (2026)

Victim's representative

✓ current as of May 2026
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Effective:
March 20, 2025
Latest Legislation:
House Bill 289 - 135th General Assembly
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(A)(1) Any of the following persons may, subject to the prohibition on the unauthorized practice of law under section 4705.07 of the Revised Code, exercise the rights of a victim under this chapter as the victim's representative:

(a) Any person designated by the victim;

(b) A member of the victim's family or a victim advocate designated as the victim's representative to exercise the rights of a victim under this chapter as the victim's representative if a victim is a minor or is incapacitated, incompetent, or deceased, subject to division (D) of this section;

(c) If the case involves a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05, or 2903.06 of the Revised Code, a member of the deceased victim's family, a victim advocate, or another person designated by one or more members of the deceased victim's family.

(2) If a victim is incapacitated, incompetent, or deceased, and no member of the victim's family or victim advocate comes forward to act as a victim representative, a court may appoint a victim advocate or other person the court determines to be appropriate to act as a victim representative, except that the court shall not appoint any person employed by the prosecuting attorney to act as a victim representative unless the prosecuting attorney consents to the appointment.

(B) If the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a victim advocate or other person the court determines to be appropriate to act as a victim's representative instead of the previously appointed victim's representative, except that the court shall not appoint any person employed by the prosecuting attorney to act as a victim representative unless the prosecuting attorney consents to the appointment.

(C) If more than one person seeks to act as the victim's representative for a particular victim, the court that has jurisdiction over the criminal matter or the court in which the criminal prosecution or delinquency proceeding is held shall designate one of those persons as the victim's representative. If a victim does not want to have anyone act as the victim's representative, the court shall order that only the victim may exercise the rights of a victim under this chapter.

(D) If pursuant to division (A) of this section a victim's representative is to exercise the rights of a victim, the victim shall notify law enforcement and the prosecutor, or, if it is a delinquency proceeding and a prosecutor is not involved in the case, shall notify the court that the victim's representative is to act for the victim. When a victim has so notified law enforcement and the prosecutor, or the court, all notices under this chapter shall be sent to the victim and the victim's representative, all rights under this chapter shall be granted to the victim and the victim's representative, and all references in this chapter to a victim, shall be interpreted as being references to the victim and the victim's representative unless the victim informs the notifying authority that the victim does not wish to receive the notices or exercise the rights.

(E) A suspect, defendant, offender, alleged juvenile offender, or delinquent child may not act as a victim's representative relative to the criminal offense or delinquent act involving the victim.

(F) In any post-conviction proceeding or in regards to any post-conviction relief, if the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a court appointed special advocate, a guardian ad litem, or a victim advocate to act as a victim's representative instead of the previously appointed victim's representative.

Last updated March 17, 2025 at 5:21 PM

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 1996–2025 · leading case: State v. Green, 2000 Ohio 182 (Ohio 2000).
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State v. Green, 2000 Ohio 182 (Ohio 2000). · cites it 2× “14; R.C. 2930.02; cf. State v. White (1999), 85 Ohio St.”
State v. Hussing, 2012 Ohio 4938 (Ohio Ct. App. 2012). · cites it 3× “01 defines “victim’s representative” as “a member of the victim’s family or another person who pursuant to the authority of section 2930.02 of the Revised Code exercises the rights of a victim under this chapter.”
State v. White, 709 N.E.2d 140 (Ohio 1999). “In capital cases, since the victim is deceased, the “victim” would be the victim’s representative who would be permitted to speak on behalf of the victim pursuant to R.C. 2930.02. It is important to note that the defendant does not challenge the portion of Robert Thorpe’s…”
State v. Harwell, 776 N.E.2d 524 (Ohio Ct. App. 2002). · cites it 2× “R.C. 2930.02(A) provides that “a member of a victim’s family * * * may exercise the rights of the victim * * * as the victim’s representative.”
State v. Taft, 2019 Ohio 1565 (Ohio Ct. App. 2019). “The victim is permitted to present her statement to the court through a representative—who can be any person the victim designates—and the designated representative “may exercise the rights of the victim * * *.”
State v. Patterson, 673 N.E.2d 1001 (Ohio Ct. App. 1996). “As his first assignment of error, Patterson raises the following: “The trial court abused it’s [sic] discretion in presentence consideration of prejudicial misinformation and disregard of mitigation and mandates of Ohio Revised Code Sections 2930.02, 2947.051, 2929.12, and the…”
State v. Fissel, 2022 Ohio 1856 (Ohio Ct. App. 2022). “R.C. 2930.02(A). The transcript in this case reflects that Hadronics’ owner was present in the courtroom during the sentencing hearing and elected to have Mr.”
State v. White, 1999 Ohio 281 (Ohio 1999). “{¶ 65} In capital cases, since the victim is deceased, the “victim” would be the victim’s representative who would be permitted to speak on behalf of the victim pursuant to R.C. 2930.02. It is important to note that the defendant does not challenge the portion of Robert Thorpe’s…”
State v. Hervey, 2022 Ohio 1498 (Ohio Ct. App. 2022). “” R.C. 2930.02(A); 2929.19(A). If the victim chooses to make a statement at sentencing through either means, the trial court is required to consider the statement along with all other sentencing considerations.”
State v. Todd, 2025 Ohio 1066 (Ohio Ct. App. 2025). · cites it 4× “{¶ 20} In addition, the Sixth and Eleventh Districts have explicitly held that “[w]hile only one person may act as the victim’s representative, R.C. 2930.02(A) does not limit the trial court’s discretion regarding the number of people who may speak at the sentencing hearing.”
State v. McClain, 2011 Ohio 5923 (Ohio Ct. App. 2011). “{¶ 1} On July 8, 2009, the Guernsey County Grand Jury indicted appellant, Douglas McClain, on one count of murder with a firearm specification in violation of R.C. 2930.02 and 2941.145. Said charge arose from the shooting death of appellant's girlfriend, Candace O'Neill.”
Tolliver v. Ohio Parole Bd. (S.D. Ohio 2023). · cites it 2× “60(G) in this respect, which says: Information provided to the office of victim services by victims of crime or a victim representative designated under section 2930.02 of the Revised Code for the purpose of program participation, of receiving services, or to communicate acts of…”
Show all 15 citing cases →
— Ohio Rev. Code § 2930.02(A) — 7 cases
State v. Harwell, 776 N.E.2d 524 (Ohio Ct. App. 2002). “R.C. 2930.02(A) provides that “a member of a victim’s family * * * may exercise the rights of the victim * * * as the victim’s representative.”
State v. Taft, 2019 Ohio 1565 (Ohio Ct. App. 2019). “The victim is permitted to present her statement to the court through a representative—who can be any person the victim designates—and the designated representative “may exercise the rights of the victim * * *.”
State v. Fissel, 2022 Ohio 1856 (Ohio Ct. App. 2022). “R.C. 2930.02(A). The transcript in this case reflects that Hadronics’ owner was present in the courtroom during the sentencing hearing and elected to have Mr.”
State v. Hussing, 2012 Ohio 4938 (Ohio Ct. App. 2012). “01 defines “victim’s representative” as “a member of the victim’s family or another person who pursuant to the authority of section 2930.02 of the Revised Code exercises the rights of a victim under this chapter.”
State v. Hervey, 2022 Ohio 1498 (Ohio Ct. App. 2022). “” R.C. 2930.02(A); 2929.19(A). If the victim chooses to make a statement at sentencing through either means, the trial court is required to consider the statement along with all other sentencing considerations.”
— Ohio Rev. Code § 2930.02(A)(1) — 1 case
State v. Todd, 2025 Ohio 1066 (Ohio Ct. App. 2025). “{¶ 20} In addition, the Sixth and Eleventh Districts have explicitly held that “[w]hile only one person may act as the victim’s representative, R.C. 2930.02(A) does not limit the trial court’s discretion regarding the number of people who may speak at the sentencing hearing.”
— Ohio Rev. Code § 2930.02(D) — 1 case
State v. Todd, 2025 Ohio 1066 (Ohio Ct. App. 2025). “{¶ 20} In addition, the Sixth and Eleventh Districts have explicitly held that “[w]hile only one person may act as the victim’s representative, R.C. 2930.02(A) does not limit the trial court’s discretion regarding the number of people who may speak at the sentencing hearing.”
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