(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, 90 N.E.3d 243.
State v. Glenn-Coulverson, 2017-Ohio-2671, 90 N.E.3d 243. · cites it 12ד] 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, 763 N.E.2d 122 (Ohio 2002). · cites it 6ד” But R.C. 2941.142, since repealed, applied only to situations where a penalty for a felony offense under R.”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 (1999). · cites it 14ד05 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, 763 N.E.2d 122 (Ohio 2002). · cites it 6ד” 27 SUPREME COURT OF OHIO {¶ 85} But R.C. 2941.142, since repealed, applied only to situations where a penalty for a felony offense under R.”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, 204 N.E.3d 639. · cites it 5ד" R.C. 2941.142; 2929.14(G). {¶ 49} R.C. 2923.”
State v. Harris, 2016-Ohio-3424. · cites it 3ד15AP-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, 185 N.E.3d 176. · cites it 3ד1-20-46 {¶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 20ד03 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, 105 N.E.3d 527. · cites it 6דCounts 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. · cites it 4ד145 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, 684 N.E.2d 668 (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. 11th Dist. 1997). · cites it 4דR.C. 2941.142 provides for a separate hearing outside of the jury’s presence to determine the existence of a prior conviction.”
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “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, 204 N.E.3d 639. “" R.C. 2941.142; 2929.14(G). {¶ 49} R.C. 2923.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.