(A) Property is not subject to forfeiture in a criminal case unless the indictment, count in the indictment, or information charging the offense specifies, to the extent it is reasonably known at the time of filing, the nature and extent of the alleged offender's interest in the property, a description of the property, and, if the property is alleged to be an instrumentality, the alleged use or intended use of the property in the commission or facilitation of the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:
"SPECIFICATION (or SPECIFICATION TO THE FIRST COUNT). The grand jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth the alleged offender's interest in the property, a description of the property subject to forfeiture, and any alleged use or intended use of the property in the commission or facilitation of the offense)."
(B) The trier of fact shall determine whether the property is subject to forfeiture.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding.
Notes of Decisions
Cited in 357
cases (202 in the last 5 years), 2009–2026 · leading case: State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011).
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011). · cites it 6ד4 {¶ 53} In addition to Chapter 2981, R.C. 2941.1417 became effective on the same date.”
State v. Roberts, 2021-Ohio-90. · cites it 12ד141, and with two Forfeiture specifications, in violation of R.C. 2941.1417, one count of Possession of Heroin, in violation of R.”
State v. Junod, 2019-Ohio-743. · cites it 5ד149(A), and a specification for Forfeiture of a Weapon pursuant to R.C. 2941.1417(A) attached; Count Two: Felonious Assault, in violation of R.”
State v. Brownlee, 2023-Ohio-1090. · cites it 9ד145, and a forfeiture specification, pursuant to R.C. 2941.1417 and R.C. 2981.04; Count Two, aggravated robbery, a felony of the first degree, in violation of R.”
State v. Nurein, 2022-Ohio-1711. · cites it 5ד145(A) and a forfeiture specification pursuant to R.C. 2941.1417(A); • Count Two of endangering children in violation of R.”
State v. Benvenuto, 2018-Ohio-2242. · cites it 7ד03(C)(3)(a), all felonies of the fifth (5th) degree; one (1) count of Trafficking in Marijuana with a specification for forfeiture of money in a drug case pursuant to R.C. 2941.1417(A) and a specification for forfeiture of property pursuant to R.”
State v. Johnson, 2021-Ohio-1768. · cites it 3ד1410(A), a specification for forfeiture of money in a drug case pursuant to R.C. 2941.1417(A), and seven specifications for forfeiture of a gun in a drug case pursuant to R.”
State v. Davis, 2018-Ohio-4368, 121 N.E.3d 864. · cites it 5דFurthermore, Counts One, Two, Three, and Four each contained the following specifications: 1) Specification for Forfeiture of a Gun in a Drug Case, pursuant to R.C. 2941.1417(A) ; 2) Specification for Forfeiture of Money in a Drug Case, pursuant to R.”
State v. Bryant, 2022-Ohio-1878, 198 N.E.3d 68. “Each count contained a forfeiture specification pursuant to R.C. 2941.1417 and 2981.04. Counts One through Five included one- and three-year firearm specifications pursuant to R.”
State v. Parsons, 2017-Ohio-1315. · cites it 3ד146 and a forfeiture specification under R.C. 2941.1417; Count Two of felonious assault in violation of R.”
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. · cites it 2ד1-20-46 {¶126} Specification for Forfeiture of a Weapon: To establish a specification concerning forfeiture of a firearm under R.C. 2941.1417(A), the State must prove that the defendant “[1] was the owner and/or possessor of a handgun” that “[2] was an instrumentality that the…”
State v. Schmidt, 2014-Ohio-758. · cites it 13ד13-13-07 draft the specification language” because it did not precisely follow the language of R.C. 2941.1417, requiring the indictment to specify “to the extent it is reasonably known at the time of filing, the nature and extent of the alleged offender’s interest in the…”
State v. Junod, 2019-Ohio-743. “149(A), and a specification for Forfeiture of a Weapon pursuant to R.C. 2941.1417(A) attached; Count Two: Felonious Assault, in violation of R.”
State v. Nurein, 2022-Ohio-1711. “145(A) and a forfeiture specification pursuant to R.C. 2941.1417(A); • Count Two of endangering children in violation of R.”
State v. Benvenuto, 2018-Ohio-2242. “03(C)(3)(a), all felonies of the fifth (5th) degree; one (1) count of Trafficking in Marijuana with a specification for forfeiture of money in a drug case pursuant to R.C. 2941.1417(A) and a specification for forfeiture of property pursuant to R.”
State v. Johnson, 2021-Ohio-1768. “1410(A), a specification for forfeiture of money in a drug case pursuant to R.C. 2941.1417(A), and seven specifications for forfeiture of a gun in a drug case pursuant to R.”
State v. Davis, 2018-Ohio-4368, 121 N.E.3d 864. “Furthermore, Counts One, Two, Three, and Four each contained the following specifications: 1) Specification for Forfeiture of a Gun in a Drug Case, pursuant to R.C. 2941.1417(A) ; 2) Specification for Forfeiture of Money in a Drug Case, pursuant to R.”
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