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 (Ohio 2016).
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State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). · 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 (Ohio 2015). · 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 (Ohio Ct. App. 2018). · 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 (Ohio Ct. App. 2020). “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 (Ohio 2022). “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 (Ohio Ct. App. 2019). · 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 (Ohio Ct. App. 2022). · 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 (Ohio Ct. App. 2020). · 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 (Ohio Ct. App. 2022). · 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 (Ohio Ct. App. 2023). “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 (Ohio 2015). “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 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2020). “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 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2025).
State v. White, 2012 Ohio 1490 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2941.148(A)(1)(a) — 2 cases
State v. Schlemmer, 2016 Ohio 430 (Ohio Ct. App. 2016).
State v. Hall, 2026 Ohio 1042 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2941.148(A)(1)(b) — 1 case
Obhof v. May (N.D. Ohio 2025).
— Ohio Rev. Code § 2941.148(A)(2) — 1 case
State v. Taylor, 2022 Ohio 3754 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2941.148(B) — 3 cases
State v. Petway, 2020 Ohio 3848 (Ohio Ct. App. 2020). “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 (Ohio Ct. App. 2013).
State v. Johnson, 2024 Ohio 3108 (Ohio Ct. App. 2024).
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