(A) In all criminal cases in which a person is convicted of or pleads guilty to a felony, if the offender, in committing the offense, caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense, the court, prior to sentencing the offender, shall order the preparation of a victim impact statement by the department of probation of the county in which the victim of the offense resides, by the court's own regular probation officer, or by a victim assistance program that is operated by the state, any county or municipal corporation, or any other governmental entity. The court, in accordance with sections 2929.13 and 2929.19 of the Revised Code, shall consider the victim impact statement in determining the sentence to be imposed upon the offender.
(B) Each victim impact statement prepared under this section shall identify the victim of the offense, itemize any economic loss suffered by the victim as a result of the offense, identify any physical injury suffered by the victim as a result of the offense and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the offense and any psychological impact experienced by the victim or the victim's family as a result of the offense, and contain any other information related to the impact of the offense upon the victim that the court requires. Each victim impact statement prepared under this section shall include any statement made by the victim or the victim's representative pursuant to section 2930.13 of the Revised Code.
(C) A victim impact statement prepared under this section shall be kept confidential and is not a public record as defined in section 149.43 of the Revised Code. However, the court may furnish copies of the statement to both the defendant or the defendant's counsel and the prosecuting attorney. Immediately following the imposition of sentence upon the defendant, the defendant, the defendant's counsel, and the prosecuting attorney shall return to the court the copies of the victim impact statement that were made available to the defendant, the counsel, or the prosecuting attorney.
Last updated March 9, 2023 at 4:01 PM
Notes of Decisions
Cited in 64
cases (9 in the last 5 years), 1982–2025 · leading case: State v. Post, 513 N.E.2d 754 (Ohio 1987).
State v. Post, 513 N.E.2d 754 (Ohio 1987). · cites it 6ד12(A) provides: “(A) In determining the minimum term of imprisonment to be imposed for a felony for which an indefinite term of imprisonment is imposed, the court shall consider * * * the victim impact statement prepared pursuant to section 2947.051 of the Revised Code, if a…”
State v. Wolfe, 2020 Ohio 5501 (Ohio Ct. App. 2020). · cites it 2ד2, and any victim impact statement made pursuant to section 2947.051 of the Revised Code. (2) Subject to division (B)(3) of this section, if the sentencing court determines at the sentencing hearing that a prison term is necessary or required, the court shall do all of the…”
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). · cites it 8ד” In light of the trial court’s sound discretion as expressly granted by R.C. 2947.051 and based upon the record before us, we find no violation of due process.”
State v. Condon, 789 N.E.2d 696 (Ohio Ct. App. 2003). · cites it 3דHe maintains that R.C. 2947.051 authorizes use of a victim-impact statement only in those cases in which the offender “caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim.”
State v. Garrison, 702 N.E.2d 1222 (Ohio Ct. App. 1997). · cites it 5דR.C. 2947.051(A) provides that “the court, prior to sentencing the offender, shall order the preparation of a victim impact statement” if the offender “caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense.”
State v. Huertas, 553 N.E.2d 1058 (Ohio 1990). · cites it 2דThey are simply opinions on the appropriate sentence given by someone who, though having a great personal interest in the outcome, is not a member of the jury. These opinions go to the ultimate issue, usurp the jury’s function and undermine the defendant’s right to trial by an…”
State v. Martin, 736 N.E.2d 907 (Ohio Ct. App. 1999). · cites it 2ד2, and any victim impact statement made pursuant to section 2947.051 of the Revised Code. “(2) The court shall impose a.”
State v. Hamann, 630 N.E.2d 384 (Ohio Ct. App. 1993). · cites it 4ד12(A) governs the trial court’s discretion concerning the minimum term of an indefinite sentence within this range and provides as follows: “(A) In determining the minimum term of imprisonment to be imposed for a felony for which an indefinite term of imprisonment is imposed,…”
State v. Cochran, 2020 Ohio 5329 (Ohio Ct. App. 2020). · cites it 2ד2, and any victim impact statement made pursuant to section 2947.051 of the Revised Code. (2) Subject to division (B)(3) of this section, if the sentencing court determines at the sentencing hearing that a prison term is necessary or required, the court shall do all of the…”
State v. Williams, 516 N.E.2d 1270 (Ohio Ct. App. 1986). · cites it 2דR.C. 2947.051 mandates the preparation of such statements where the offender pleads guilty to a felony.”
State v. Eager, 2015 Ohio 3525 (Ohio Ct. App. 2015). · cites it 5דR.C. 2947.051 governs victim impact statements and provides: (A) In all criminal cases in which a person is convicted of or pleads guilty to a felony, if the offender, in committing the offense, caused, attempted to cause, threatened to cause, or created a risk of physical harm…”
Lodowski v. State, 490 A.2d 1228 (Md. 1986). · cites it 2ד30 (McKinney 1983); Ohio Rev. Code Ann. § 2947.051 (Page Supp.”
State v. Post, 513 N.E.2d 754 (Ohio 1987). “12(A) provides: “(A) In determining the minimum term of imprisonment to be imposed for a felony for which an indefinite term of imprisonment is imposed, the court shall consider * * * the victim impact statement prepared pursuant to section 2947.051 of the Revised Code, if a…”
State v. Garrison, 702 N.E.2d 1222 (Ohio Ct. App. 1997). “R.C. 2947.051(A) provides that “the court, prior to sentencing the offender, shall order the preparation of a victim impact statement” if the offender “caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense.”
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). “” In light of the trial court’s sound discretion as expressly granted by R.C. 2947.051 and based upon the record before us, we find no violation of due process.”
State v. Garrison, 702 N.E.2d 1222 (Ohio Ct. App. 1997). “R.C. 2947.051(A) provides that “the court, prior to sentencing the offender, shall order the preparation of a victim impact statement” if the offender “caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense.”
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). “” In light of the trial court’s sound discretion as expressly granted by R.C. 2947.051 and based upon the record before us, we find no violation of due process.”
— Ohio Rev. Code § 2947.051(C) — 8 cases
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). “” In light of the trial court’s sound discretion as expressly granted by R.C. 2947.051 and based upon the record before us, we find no violation of due process.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.