Ohio Revised Code

Ohio Rev. Code § 2941.147 (2026)

Sexual motivation specification

✓ current as of May 2026
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(A) Whenever a person is charged with an offense that is a violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code, a violation of division (A) of section 2903.04 of the Revised Code, an attempt to violate or complicity in violating section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code when the attempt or complicity is a felony, or an attempt to violate or complicity in violating division (A) of section 2903.04 of the Revised Code when the attempt or complicity is a felony, the indictment, count in the indictment, information, or complaint charging the offense may include a specification that the person committed the offense with a sexual motivation. The specification shall be stated at the end of the body of the indictment, count, information, or complaint 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 the offender committed the offense with a sexual motivation."

(B) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.

Notes of Decisions
Cited in 98 cases (38 in the last 5 years), 2004–2026 · leading case: State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016).
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State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). · cites it 3× “{¶ 13} Each aggravated-murder count and most of the noncapital counts also included a sexual-motivation specification pursuant to R.C. 2941.147, a sexually violent predator specification pursuant to R.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006). “R.C. 2941.147 and 2929.148. . R.C. 2907.04.”
State v. Elam, 2016 Ohio 5619 (Ohio Ct. App. 2016). · cites it 5× “01(A)(4)) with a sexual motivation specification (R.C. 2941.147): 2907.05 Gross sexual imposition.”
State v. Whitaker, 2022 Ohio 2840 (Ohio 2022). “Counts 6 and 7 included a specification under R.C. 2941.147, alleging that he had committed the offenses with a sexual motivation.”
State v. Montgomery, 2022 Ohio 2211 (Ohio 2022). “The kidnapping count 2 January Term, 2022 included two specifications: (1) it was committed with a sexual motivation, R.C. 2941.147, and (2) Montgomery was a repeat violent offender, R.”
State v. Kalka, 2018 Ohio 5030 (Ohio Ct. App. 2018). · cites it 4× “01 of the Revised Code. “[A] sexual motivation specification requires the state to show that the underlying offense was committed with ‘a purpose to gratify the sexual needs or desires of the offender.”
State v. Metcalf, 2016 Ohio 4923 (Ohio Ct. App. 2016). · cites it 2× “01(A)(4), a first-degree felony, which included a specification that the crime was committed with a sexual motivation as provided by R.C. 2941.147(A). As a result of his guilty plea, on September 29, 2010, appellant was sentenced to a four-year prison term.”
State v. Brown, 2013 Ohio 1982 (Ohio Ct. App. 2013). · cites it 4× “01(A)(4) with sexual motivation pursuant to R.C. 2941.147(A), not guilty of kidnapping in violation of R.”
State v. Madison (Slip Opinion), 2020 Ohio 3735 (Ohio 2020). “It also supported the sexual- motivation specifications, R.C. 2941.147(A), which required proof that the murders were committed with “a purpose to gratify the sexual needs or desires of the offender,” R.”
Priest v. Hudson, 655 F. Supp. 2d 808 (N.D. Ohio 2009). · cites it 16× “145, a sexual motivation specification pursuant to O.R.C. § 2941.147 and a sexually violent predator specification pursuant to O.”
State v. Williams, 2024 Ohio 5578 (Ohio Ct. App. 2024). “01(A)(4), a felony of the first degree along with an accompanying sexual motivation specification under R.C. 2941.147(A); Count Five: Aggravated Burglary, R.”
State v. Smith, 104 Ohio St. 3d 106 (Ohio 2004). “) {¶ 23} R.C. 2941.147, a sexual-motivation specification, provides: {¶ 24} “(A) Whenever a person is charged with an offense that is a violation of section 2903.”
Show all 98 citing cases →
— Ohio Rev. Code § 2941.147(A) — 51 cases
State v. Metcalf, 2016 Ohio 4923 (Ohio Ct. App. 2016). “01(A)(4), a first-degree felony, which included a specification that the crime was committed with a sexual motivation as provided by R.C. 2941.147(A). As a result of his guilty plea, on September 29, 2010, appellant was sentenced to a four-year prison term.”
State v. Madison (Slip Opinion), 2020 Ohio 3735 (Ohio 2020). “It also supported the sexual- motivation specifications, R.C. 2941.147(A), which required proof that the murders were committed with “a purpose to gratify the sexual needs or desires of the offender,” R.”
State v. Williams, 2024 Ohio 5578 (Ohio Ct. App. 2024). “01(A)(4), a felony of the first degree along with an accompanying sexual motivation specification under R.C. 2941.147(A); Count Five: Aggravated Burglary, R.”
State v. Brown, 2013 Ohio 1982 (Ohio Ct. App. 2013). “01(A)(4) with sexual motivation pursuant to R.C. 2941.147(A), not guilty of kidnapping in violation of R.”
State v. Townsend, 2019 Ohio 1134 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2941.147(B) — 2 cases
State v. Kalka, 2018 Ohio 5030 (Ohio Ct. App. 2018). “01 of the Revised Code. “[A] sexual motivation specification requires the state to show that the underlying offense was committed with ‘a purpose to gratify the sexual needs or desires of the offender.”
State v. Brown, 2013 Ohio 1982 (Ohio Ct. App. 2013). “01(A)(4) with sexual motivation pursuant to R.C. 2941.147(A), not guilty of kidnapping in violation of R.”
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