Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.142 (2026)

Criminal gang participation specification

✓ current as of May 2026
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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
PDF:
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(A) Imposition of a mandatory prison term of one, two, or three years pursuant to division (G) of section 2929.14 of the Revised Code upon an offender who committed a felony that is an offense of violence while participating in a criminal gang is precluded unless the indictment, count in the indictment, or information charging the felony specifies that the offender committed the felony that is an offense of violence while participating in a criminal gang. 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 the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed the felony that is an offense of violence while participating in a criminal gang.)"

(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.

(C) As used in this section, "criminal gang" has the same meaning as in section 2923.41 of the Revised Code.
Notes of Decisions
Cited in 74 cases (16 in the last 5 years), 1985–2026 · leading case: State v. Glenn-Coulverson, 2017 Ohio 2671 (Ohio Ct. App. 2017).
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State v. Glenn-Coulverson, 2017 Ohio 2671 (Ohio Ct. App. 2017). · cites it 12× “] The trial court erred in imposing the gang specification where there was no indication that the shooting was gang related thus unconstitutionally applying R.C. 2941.142 to the Defendant. No. 16AP-265 8 III.”
State v. Twyford, 94 Ohio St. 3d 340 (Ohio 2002). · cites it 6× “” But R.C. 2941.142, since repealed, applied only to situations where a penalty for a felony offense under R.”
State v. Nagel, 84 Ohio St. 3d 280 (Ohio 1999). · cites it 14× “05 apply to requests made by a defendant pursuant to former R.C. 2941.142 and 2941.143 to have the trial judge, in a case tried by a jury, determine guilt or innocence on prior-conviction specifications.”
State v. Twyford, 2002 Ohio 894 (Ohio 2002). · cites it 6× “” 27 SUPREME COURT OF OHIO {¶ 85} But R.C. 2941.142, since repealed, applied only to situations where a penalty for a felony offense under R.”
State v. Bias, 2022 Ohio 4643 (Ohio Ct. App. 2022). · cites it 5× “" R.C. 2941.142; 2929.14(G). {¶ 49} R.C. 2923.”
State v. Harris, 2016 Ohio 3424 (Ohio Ct. App. 2016). · cites it 3× “15AP-683 9 {¶ 27} The gang specification under R.C. 2941.142 requires the imposition of a mandatory prison term if an offender commits a felony "that is an offense of violence while participating in a criminal gang.”
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). · cites it 3× “1-20-46 {¶118} Criminal Gang Activity Specifications: To establish a criminal gang activity specification under R.C. 2941.142(A), the State must prove that the defendant “[1] committed the felony that is an offense of violence [2] while participating in a criminal gang.”
State v. Fittro, 607 N.E.2d 447 (Ohio 1993). · cites it 20× “03 with an alleged prior-conviction specification of aggravated drug trafficking has the right to a bifurcated hearing pursuant to R.C. 2941.142. R.C. 2941.142 provides that, at the request of the defendant, proof of his or her prior conviction is to be decided by the trial…”
State v. Kelly, 2018 Ohio 378 (Ohio Ct. App. 2018). · cites it 6× “Counts One, Two, and Three also each carried a Gang Affiliation Specification in violation of R.C. § 2941.142 and Firearm Specifications, in violation of R.”
State v. Weaver, 2019 Ohio 2477 (Ohio Ct. App. 2019). · cites it 4× “145 and a gang participation specification under R.C. 2941.142, and one count of kidnapping in Count 4 of the indictment, in violation of R.”
State v. Smith, 80 Ohio St. 3d 89 (Ohio 1997). “Thus, counsel’s failure to seek severance of the prior offense specifica *113 tion pursuant to R.C. 2941.142 did not fall below the objective standard of representation.”
State v. Henton, 700 N.E.2d 371 (Ohio Ct. App. 1997). · cites it 4× “R.C. 2941.142 provides for a separate hearing outside of the jury’s presence to determine the existence of a prior conviction.”
Show all 74 citing cases →
— Ohio Rev. Code § 2941.142(A) — 14 cases
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). “1-20-46 {¶118} Criminal Gang Activity Specifications: To establish a criminal gang activity specification under R.C. 2941.142(A), the State must prove that the defendant “[1] committed the felony that is an offense of violence [2] while participating in a criminal gang.”
State v. Bias, 2022 Ohio 4643 (Ohio Ct. App. 2022). “" R.C. 2941.142; 2929.14(G). {¶ 49} R.C. 2923.”
State v. Bender, 2020 Ohio 722 (Ohio Ct. App. 2020).
State v. Bickerstaff, 2011 Ohio 1345 (Ohio Ct. App. 2011).
State v. Vinson, 2022 Ohio 2031 (Ohio Ct. App. 2022).
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