Ohio Revised Code

Ohio Rev. Code § 2941.143 (2026)

Offense in school safety zone or towards a person in school safety zone specification

✓ current as of May 2026

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Effective:

September 30, 2011

Latest Legislation:

House Bill 86 - 129th General Assembly

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Imposition of a sentence by a court pursuant to division (H) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence specifies that the offender committed the offense in a school safety zone or towards a person in a school safety zone. 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 aggravated murder, murder, or the felony of the first, second, or third degree that is an offense of violence in a school safety zone or towards a person in a school safety zone)."

Notes of Decisions

Cited in 74 cases (4 in the last 5 years), 1984–2025 · leading case: State v. Shue, 646 N.E.2d 1156 (Ohio Ct. App. 1994).

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State v. Shue, 646 N.E.2d 1156 (Ohio Ct. App. 1994). · cites it 12× “141) and a physical harm specification (R.C. 2941.143). On December 8, 1993, a jury found Shue guilty of all charges.”

State v. Witwer, 596 N.E.2d 451 (Ohio 1992). · cites it 23× “However, R.C. 2941.143, as relevant here, prescribes that, before one may be sentenced to the term of incarceration provided in R.”

State v. Dilley, 546 N.E.2d 937 (Ohio 1989). · cites it 17× “The sole issue presented in this case is whether a specification contained in R.C. 2941.143 can be added to an indictment by amendment pursuant to Crim.”

State v. Carroll, 662 N.E.2d 65 (Ohio Ct. App. 1995). · cites it 20× “The indictment did not contain a R.C. 2941.143 specification. Through a negotiated plea, the appellant signed a form captioned “Petition to Enter Plea of Guilty.”

State v. Riggins, 519 N.E.2d 397 (Ohio Ct. App. 1986). · cites it 7× “In these assigned errors Riggins contends that the trial court erred in permitting the jury to consider the prior-conviction-enhancing specification set forth in the indictment, pursuant to R.C. 2941.143, when he had requested the court to consider this matter.”

State v. Fryling, 620 N.E.2d 862 (Ohio Ct. App. 1992). · cites it 12× “Trial court erred to the prejudice of the defendant when it imposed an enhanced penalty for a fourth degree felony" when the indictment did not contain a specification pursuant to O.R.C. 2941.143, an infraction of the 5th and 14th [Amendments to the] U.”

State v. Runnels, 565 N.E.2d 610 (Ohio Ct. App. 1989). · cites it 11× “R.C. 2941.143 proscribes the imposition of an indefinite term pursuant to R.”

State v. Harmon, 660 N.E.2d 532 (Ohio Ct. App. 1995). · cites it 6× “The indictment contained a specification of a prior offense of violence, as set forth in R.C. 2941.143. At the time of the indictment, the appellant had been convicted of two or more theft offenses, making his grand theft indictment a felony of the third degree.”

State v. Tyson, 482 N.E.2d 1327 (Ohio Ct. App. 1984). · cites it 7× “” Under this assignment of error appellant argues that where the indictment fails to allege a specification as mandated by R.C. 2941.143, an offender may not be sentenced to an indefinite term for a fourth degree felony and that, therefore, the offender cannot be sentenced to a…”

State v. Vitale, 645 N.E.2d 1277 (Ohio Ct. App. 1994). · cites it 3× “R.C. 2941.143 is mandatory and cannot be circumvented in this manner.”

State v. Baston, 709 N.E.2d 128 (Ohio 1999). · cites it 2× “7(D) so as to include a specification contained in R.C. 2941.143 without first presenting the specification to the grand jury or following the other alternatives contained in R.”

State v. Phillips, 1995 Ohio 171 (Ohio 1995). · cites it 2× “Fae Amanda Evans was also charged in connection with Sheila’s abuse and death.”

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— Ohio Rev. Code § 2941.143(A) — 1 case

State v. Phillips, 1995 Ohio 171 (Ohio 1995). “Fae Amanda Evans was also charged in connection with Sheila’s abuse and death.”

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