Ohio Revised Code

Ohio Rev. Code § 2941.1419 (2026)

Rape - victim age specification

✓ current as of May 2026
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Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code and specifies that one of the following applies:

(A) The victim was under ten years of age.

(B) The offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense.

The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and the victim was under ten years of age or the offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense)."

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2013–2024 · leading case: State v. Rogers, 2024 Ohio 1637 (Ohio Ct. App. 2024).
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State v. Rogers, 2024 Ohio 1637 (Ohio Ct. App. 2024). · cites it 2× “02(A)(1)(b), which included an attempted rape specification pursuant to R.C. 2941.1419(A) (Count 2); four counts of third-degree felony gross sexual imposition in violation of R.”
State v. Martin, 2013 Ohio 2833 (Ohio Ct. App. 2013). “02(A)(1)(b), each with a child rape specification, in violation of R.C. 2941.1419; two counts of gross sexual imposition, each being a felony of the third degree, in violation of R.”
D.D. v. B.B., 2022 Ohio 1032 (Ohio Ct. App. 2022). “04, defining the offense of unlawful sexual conduct with minor; and R.C. 2941.1419, setting forth certain specifications in cases of No.”
— Ohio Rev. Code § 2941.1419(A) — 1 case
State v. Rogers, 2024 Ohio 1637 (Ohio Ct. App. 2024). “02(A)(1)(b), which included an attempted rape specification pursuant to R.C. 2941.1419(A) (Count 2); four counts of third-degree felony gross sexual imposition in violation of R.”
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