Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.14 (2026)

Indictment for aggravated murder, murder, or voluntary or involuntary manslaughter - specifications

✓ current as of May 2026
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Effective:
May 15, 2002
Latest Legislation:
Senate Bill 184 - 124th General Assembly
PDF:
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(A) In an indictment for aggravated murder, murder, or voluntary or involuntary manslaughter, the manner in which, or the means by which the death was caused need not be set forth.

(B) Imposition of the death penalty for aggravated murder is precluded unless the indictment or count in the indictment charging the offense specifies one or more of the aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code. If more than one aggravating circumstance is specified to an indictment or count, each shall be in a separately numbered specification, and if an aggravating circumstance is specified to a count in an indictment containing more than one count, such specification shall be identified as to the count to which it applies.

(C) A specification to an indictment or count in an indictment charging aggravated murder shall be stated at the end of the body of the indictment or count, and may be in substantially the following form:

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand Jurors further find and specify that (set forth the applicable aggravating circumstance listed in divisions (A)(1) to (10) of section 2929.04 of the Revised Code. The aggravating circumstance may be stated in the words of the subdivision in which it appears, or in words sufficient to give the accused notice of the same)."
Notes of Decisions
Cited in 68 cases (3 in the last 5 years), 1976–2026 · leading case: State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016).
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State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). · cites it 6× “04 describes the death-penalty specifications to be included in an indictment and provides: (A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section…”
State v. Montgomery (Slip Opinion), 2016 Ohio 5487 (Ohio 2016). · cites it 4× “{¶ 69} First, Ford was not a capital case; thus, in that opinion, we did not address whether a capital specification must be supported by legally sufficient evidence. More importantly, R.C. 2929.04(A) states, “Imposition of the death penalty for aggravated murder is precluded…”
State v. Joseph, 653 N.E.2d 285 (Ohio 1995). · cites it 8× “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Ford (Slip Opinion), 2019 Ohio 4539 (Ohio 2019). · cites it 4× “04(A)(7), sets forth the criteria for imposing death or imprisonment for aggravated murder during an aggravated robbery: (A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the…”
State v. Biros, 678 N.E.2d 891 (Ohio 1997). · cites it 4× “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Johnson (Slip Opinion), 2015 Ohio 4903 (Ohio 2015). · cites it 4× “04 describes the death penalty specifications to be included in an indictment and provides: (A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section…”
State v. Joseph, 1995 Ohio 288 (Ohio 1995). · cites it 8× “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Carter, 734 N.E.2d 345 (Ohio 2000). · cites it 3× “04(A) provides: “Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt.”
State v. Froman (Slip Opinion), 2020 Ohio 4523 (Ohio 2020). · cites it 2× “04(A)(5) states the following: 9 SUPREME COURT OF OHIO (A) Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved…”
State v. Foust, 2004 Ohio 7006 (Ohio 2004). · cites it 2× “2d 285 (R.C. 2941.14[C] “clearly provides that the specification is sufficient if the accused knows which subsection, or which aggravating circumstance * * * listed in R.”
State v. Davis, 528 N.E.2d 925 (Ohio 1988). · cites it 3× “04(A) provides: “Imposition of the death penalty for aggravated murder is precluded, unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt: “(1) The…”
State v. Penix, 513 N.E.2d 744 (Ohio 1987). · cites it 3× “” Therefore, we held that “R.C. 2941.14 limits the aggravating circumstances which may be considered in imposing the death penalty to those specifically enumerated in R.”
Show all 68 citing cases →
— Ohio Rev. Code § 2941.14(A) — 3 cases
State v. Bey, 2019 Ohio 423 (Ohio Ct. App. 2019).
State v. Henson, 2019 Ohio 229 (Ohio Ct. App. 2019).
State v. Pudelski, 2014 Ohio 1246 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2941.14(B) — 15 cases
State v. Johnson, 545 N.E.2d 636 (Ohio 1989).
State v. Hamblin, 524 N.E.2d 476 (Ohio 1988).
State v. Simko, 1994 Ohio 350 (Ohio 1994).
State v. Joseph, 653 N.E.2d 285 (Ohio 1995). “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Fox, 631 N.E.2d 124 (Ohio 1994).
— Ohio Rev. Code § 2941.14(B)(1)(a)(ii) — 1 case
State v. Rice, 2012 Ohio 1474 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2941.14(B)(1)(b) — 1 case
State v. Culp, 2020 Ohio 5287 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2941.14(C) — 9 cases
State v. Joseph, 653 N.E.2d 285 (Ohio 1995). “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Whitaker, 2022 Ohio 2840 (Ohio 2022).
State v. Foust, 2004 Ohio 7006 (Ohio 2004). “2d 285 (R.C. 2941.14[C] “clearly provides that the specification is sufficient if the accused knows which subsection, or which aggravating circumstance * * * listed in R.”
State v. Biros, 678 N.E.2d 891 (Ohio 1997). “Following the count set forth in the indictment and pursuant to R.C. 2941.14, a capital specification was included, which stated verbatim the relevant language of R.”
State v. Carter, 734 N.E.2d 345 (Ohio 2000). “04(A) provides: “Imposition of the death penalty for aggravated murder is precluded unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt.”
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