Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.148 (2026)

Sexually violent predator specification

✓ current as of May 2026
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Effective:
April 12, 2021
Latest Legislation:
House Bill 136 - 133rd General Assembly
PDF:
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(A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded unless one of the following applies:

(a) The offender is charged with a violent sex offense, and the indictment, count in the indictment, or information charging the violent sex offense also includes a specification that the offender is a sexually violent predator, or the offender is charged with a designated homicide, assault, or kidnapping offense, and the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator.

(b) The offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, and division (B) of section 2907.02 of the Revised Code does not prohibit the court from sentencing the offender pursuant to section 2971.03 of the Revised Code.

(c) The offender is convicted of or pleads guilty to attempted rape committed on or after January 2, 2007, and to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code.

(d) The offender is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and to a specification of the type described in section 2941.147 of the Revised Code, and section 2905.01 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.

(e) The offender is convicted of or pleads guilty to aggravated murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires a court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.

(f) The offender is convicted of or pleads guilty to murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (B)(2) of section 2929.02 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.

(2) A specification required under division (A)(1)(a) of this section that an offender is a sexually violent predator shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:

"Specification (or, specification to the first count). The grand jury (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that the offender is a sexually violent predator."

(B) In determining for purposes of this section whether a person is a sexually violent predator, all of the factors set forth in divisions (H)(1) to (6) of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to indicate that it is likely that the person will engage in the future in one or more sexually violent offenses.

(C) As used in this section, "designated homicide, assault, or kidnapping offense," "violent sex offense," and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.
Notes of Decisions
Cited in 108 cases (51 in the last 5 years), 1995–2026 · leading case: State v. Sowell (Slip Opinion), 2016-Ohio-8025, 71 N.E.3d 1034.
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State v. Sowell (Slip Opinion), 2016-Ohio-8025, 71 N.E.3d 1034. · cites it 3× “147, a sexually violent predator specification pursuant to R.C. 2941.148, a repeat-violent- offender specification pursuant to R.”
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. · cites it 3× “02(A)(2)), with a violent- sexual-predator specification under R.C. 2941.148(A). The remaining counts of the indictment set forth charges for aggravated burglary (R.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006). “R.C. 2941.148. . R.C. 2905.01. . R.C. 2941.”
State v. Pyle, 2018-Ohio-3160. · cites it 3× “The rape charge included a sexually violent predator specification pursuant to R.C. 2941.148. Pyle entered a plea of not guilty to the charges.”
State v. Petway, 2020-Ohio-3848, 156 N.E.3d 467. “15 (“[N]o person [subject to proceedings in aid of execution] shall be excused from answering any question on the ground that his examination will tend to convict him of a fraud”); R.C. 2941.148(B) (“In determining for purposes of this section whether a person is a sexual…”
State v. Whitaker, 2022-Ohio-2840, 207 N.E.3d 677. “Counts 5, 6, and 7 included a specification alleging that Whitaker is a sexually violent predator under R.C. 2941.148. Count 8 charged Whitaker with aggravated burglary.”
State v. Roberts, 2019-Ohio-4393. · cites it 2× “01(A)(5), accompanied by a sexually violent predator specification pursuant to R.C. 2941.148 and a sexual motivation specification pursuant to R.”
State v. York, 2022-Ohio-1626. · cites it 2× “02(A)(1)(b), a first-degree felony, with a sexually violent predator specification pursuant to R.C. 2941.148(A); Count Two of gross sexual imposition in violation of R.”
State v. Bender, 2020-Ohio-722. · cites it 2× “147(A) and a sexually violent predator specification under R.C. 2941.148(A); Count Three of rape in violation of R.”
State v. Grimes, 2022-Ohio-4526. · cites it 11× “02(A)(1)(c) with a Sexually Violent Predator Specification pursuant to R.C. 2941.148(A) 2 Rape in violation of R.”
State v. Smith, 104 Ohio St. 3d 106 (Ohio 2004). “” R.C. 2941.148(A). Therefore, pursuant to R.”
State v. Carbaugh, 2023-Ohio-1269, 213 N.E.3d 180. “The first count of the indictment also contained a sexually violent predator specification in violation of R.C. 2941.148, alleging that Carbaugh had been convicted of a third-degree felony sexual assault in December, 2015 in the state of West Virginia.”
Show all 108 citing cases →
Ohio Rev. Code § 2941.148(A): 56 cases
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “02(A)(2)), with a violent- sexual-predator specification under R.C. 2941.148(A). The remaining counts of the indictment set forth charges for aggravated burglary (R.”
State v. York, 2022-Ohio-1626. “02(A)(1)(b), a first-degree felony, with a sexually violent predator specification pursuant to R.C. 2941.148(A); Count Two of gross sexual imposition in violation of R.”
State v. Bender, 2020-Ohio-722. “147(A) and a sexually violent predator specification under R.C. 2941.148(A); Count Three of rape in violation of R.”
State v. Grimes, 2022-Ohio-4526. “02(A)(1)(c) with a Sexually Violent Predator Specification pursuant to R.C. 2941.148(A) 2 Rape in violation of R.”
State v. Smith, 104 Ohio St. 3d 106 (Ohio 2004). “” R.C. 2941.148(A). Therefore, pursuant to R.”
Ohio Rev. Code § 2941.148(A)(1): 2 cases
State v. Hutchinson, 2025-Ohio-4637.
State v. White, 2012-Ohio-1490.
Ohio Rev. Code § 2941.148(A)(1)(a): 2 cases
State v. Schlemmer, 2016-Ohio-430.
State v. Hall, 2026-Ohio-1042.
Ohio Rev. Code § 2941.148(A)(1)(b): 1 case
Obhof v. May, No. 1:23-cv-02000 (N.D. Ohio Apr. 18, 2025).
Ohio Rev. Code § 2941.148(A)(2): 1 case
State v. Taylor, 2022-Ohio-3754.
Ohio Rev. Code § 2941.148(B): 3 cases
State v. Petway, 2020-Ohio-3848, 156 N.E.3d 467. “15 (“[N]o person [subject to proceedings in aid of execution] shall be excused from answering any question on the ground that his examination will tend to convict him of a fraud”); R.C. 2941.148(B) (“In determining for purposes of this section whether a person is a sexual…”
State v. Price, 2013-Ohio-3912.
State v. Johnson, 2024-Ohio-3108.
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