(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, 71 N.E.3d 1034.
State v. Sowell (Slip Opinion), 2016-Ohio-8025, 71 N.E.3d 1034. · cites it 3ד{¶ 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, 76 N.E.3d 391. · cites it 5ד01(A)(4)) with a sexual motivation specification (R.C. 2941.147): 2907.05 Gross sexual imposition.”
State v. Whitaker, 2022-Ohio-2840, 207 N.E.3d 677. “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, 202 N.E.3d 616. “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. · cites it 4ד01 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, 68 N.E.3d 371. · cites it 2ד01(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. · cites it 4ד01(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, 155 N.E.3d 867. “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 16ד145, 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, 258 N.E.3d 658. “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 (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.”
State v. Metcalf, 2016-Ohio-4923, 68 N.E.3d 371. “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, 155 N.E.3d 867. “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, 258 N.E.3d 658. “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. “01(A)(4) with sexual motivation pursuant to R.C. 2941.147(A), not guilty of kidnapping in violation of R.”
State v. Kalka, 2018-Ohio-5030. “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. “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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