Ohio Rev. Code » Chapter 2971
Ohio Revised Code

Ohio Rev. Code § 2971.01 (2026)

Sentencing of sexually violent predator definitions

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Effective:
March 21, 2025
Latest Legislation:
Senate Bill 109 - 135th General Assembly
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As used in this chapter:

(A) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.

(B) "Designated homicide, assault, or kidnapping offense" means any of the following:

(1) A violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code;

(2) An attempt to commit or complicity in committing a violation listed in division (B)(1) of this section, if the attempt or complicity is a felony.

(C) "Examiner" has the same meaning as in section 2945.371 of the Revised Code.

(D) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(E) "Prosecuting attorney" means the prosecuting attorney who prosecuted the case of the offender in question or the successor in office to that prosecuting attorney.

(F) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.

(G) "Sexually violent offense" means any of the following:

(1) A violent sex offense;

(2) A designated homicide, assault, or kidnapping offense that the offender commits with a sexual motivation.

(H)(1) "Sexually violent predator" means a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.

(2) For purposes of division (H)(1) of this section, any of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one or more sexually violent offenses:

(a) The person has been convicted two or more times, in separate criminal actions, of a sexually oriented offense or a child-victim oriented offense. For purposes of this division, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction, and a conviction set aside pursuant to law is not a conviction.

(b) The person has a documented history from childhood, into the juvenile developmental years, that exhibits sexually deviant behavior.

(c) Available information or evidence suggests that the person chronically commits offenses with a sexual motivation.

(d) The person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims.

(e) The person has committed one or more offenses in which one or more victims were physically harmed to the degree that the particular victim's life was in jeopardy.

(f) Any other relevant evidence.

(I) "Sexually violent predator specification" means a specification, as described in section 2941.148 of the Revised Code, that charges that a person charged with a violent sex offense, or a person charged with a designated homicide, assault, or kidnapping offense and a sexual motivation specification, is a sexually violent predator.

(J) "Sexual motivation" means a purpose to gratify the sexual needs or desires of the offender.

(K) "Sexual motivation specification" means a specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with a designated homicide, assault, or kidnapping offense committed the offense with a sexual motivation.

(L) "Violent sex offense" means any of the following:

(1) A violation of section 2907.02, 2907.03 if the sexual activity involved is sexual conduct, or 2907.12 or of division (A)(4) or (B) of section 2907.05 of the Revised Code;

(2) A felony violation of a former law of this state that is substantially equivalent to a violation listed in division (L)(1) of this section or of an existing or former law of the United States or of another state that is substantially equivalent to a violation listed in division (L)(1) of this section;

(3) An attempt to commit or complicity in committing a violation listed in division (L)(1) or (2) of this section if the attempt or complicity is a felony.

Last updated January 29, 2025 at 3:03 PM

Notes of Decisions
Cited in 123 cases (40 in the last 5 years), 1998–2026 · leading case: State v. Smith, 104 Ohio St. 3d 106 (2004).
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State v. Smith, 104 Ohio St. 3d 106 (2004). · cites it 23× “R.C. 2971.01(G) and (L). A “ ‘[sjexually violent predator’ means a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Frierson, 2019-Ohio-317, 129 N.E.3d 1004. · cites it 18× “Sexually Violent Predator Specifications {¶5} In his first assignment of error, Frierson argues that the trial court committed plain error when it found him guilty of the sexually violent predator specifications because the application of R.”
State v. Pyle, 2018-Ohio-3160. · cites it 12× “The plain language of R.C. 2971.01 “unambiguously requires that the three following factors exist before a defendant may be labeled as a sexually violent predator: (1) that on or after January 1, 1997; (2) he commits a sexually violent offense; and (3) it is likely that he will…”
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. · cites it 4× “As used in this division, ‘designated homicide, assault, or kidnapping offense’ and ‘violent sex offense’ have the same meanings as in section 2971.01 of the Revised Code. As used in this division, ‘adjudicated a sexually violent predator’ has the same meaning as in section 2929.”
State v. Belle, 2019-Ohio-787. · cites it 9× “{¶34} R.C. 2971.01(H)(1) defines a “sexually violent predator” as “a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Townsend (Slip Opinion), 2020-Ohio-5586, 167 N.E.3d 954. · cites it 15× “Former and current versions of R.C. 2971.01 {¶ 7} The version of R.C. 2971.”
State v. T.E.H., 2017-Ohio-4140. · cites it 12× “R.C. 2971.01(G) and (L). For purposes of determining whether a person meets the definition of a sexually violent predator: [A]ny of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one…”
State v. Townsend, 2019-Ohio-1134. · cites it 9× “Prior to April 29, 2005, R.C. 2971.01(H)(1) defined a “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent…”
State v. Clipps, 2019-Ohio-3569. · cites it 11× “7 At the time appellant allegedly committed the rape offense charged in Count 2 of the 1998 indictment, R.C. 2971.01(H)(1) defined a “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after [January 1, 1997], a sexually…”
State v. Cartwright, 2013-Ohio-2156. · cites it 14× “*** (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) [sic] of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to…”
State v. Jones, 93 Ohio St. 3d 391 (2001). · cites it 4× “{¶ 10} Because the offenses appellee was found guilty of committing are sexually violent offenses as defined in R.C. 2971.01(G) and 2971.01(L)(1), proceedings were held to determine whether appellee was guilty of the sexually violent predator specifications contained in the…”
State v. Ingels, 2018-Ohio-724, 107 N.E.3d 762. · cites it 12× “R.C. 2971.01(H)(1), as it provided in 1998 when Ingels was sentenced, defined a “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in…”
Show all 123 citing cases →
Ohio Rev. Code § 2971.01(1): 2 cases
State v. Williams, 728 N.E.2d 342 (Ohio 2000).
State v. Ward, 720 N.E.2d 603 (Ohio Ct. App. 8th Dist. 1999).
Ohio Rev. Code § 2971.01(A)(3)(d)(iii): 1 case
State v. Austin, 2012-Ohio-4232.
Ohio Rev. Code § 2971.01(B): 1 case
State v. Ford, 2021-Ohio-4608, 182 N.E.3d 1252.
Ohio Rev. Code § 2971.01(C): 1 case
State v. Louis, 2020-Ohio-951.
Ohio Rev. Code § 2971.01(G): 6 cases
State v. Jones, 93 Ohio St. 3d 391 (2001). “{¶ 10} Because the offenses appellee was found guilty of committing are sexually violent offenses as defined in R.C. 2971.01(G) and 2971.01(L)(1), proceedings were held to determine whether appellee was guilty of the sexually violent predator specifications contained in the…”
State v. Smith, 104 Ohio St. 3d 106 (2004). “R.C. 2971.01(G) and (L). A “ ‘[sjexually violent predator’ means a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. T.E.H., 2017-Ohio-4140. “R.C. 2971.01(G) and (L). For purposes of determining whether a person meets the definition of a sexually violent predator: [A]ny of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one…”
State v. Draughon, 2019-Ohio-1461.
State v. Jones, 754 N.E.2d 1252 (Ohio 2001).
Ohio Rev. Code § 2971.01(G)(1): 2 cases
State v. Horn, 2018-Ohio-779, 108 N.E.3d 158.
State v. Eick, 2023-Ohio-4144.
Ohio Rev. Code § 2971.01(G)(2): 1 case
State v. Humphreys, 2026-Ohio-373.
Ohio Rev. Code § 2971.01(H): 26 cases
State v. T.E.H., 2017-Ohio-4140. “R.C. 2971.01(G) and (L). For purposes of determining whether a person meets the definition of a sexually violent predator: [A]ny of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one…”
State v. Jones, 93 Ohio St. 3d 391 (2001). “{¶ 10} Because the offenses appellee was found guilty of committing are sexually violent offenses as defined in R.C. 2971.01(G) and 2971.01(L)(1), proceedings were held to determine whether appellee was guilty of the sexually violent predator specifications contained in the…”
State v. Wardlaw, 2025-Ohio-2221.
State v. Sylvester, 2016-Ohio-5710.
State v. Person, 2016-Ohio-681.
Ohio Rev. Code § 2971.01(H)(1): 76 cases
State v. Smith, 104 Ohio St. 3d 106 (2004). “R.C. 2971.01(G) and (L). A “ ‘[sjexually violent predator’ means a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Frierson, 2019-Ohio-317, 129 N.E.3d 1004. “Sexually Violent Predator Specifications {¶5} In his first assignment of error, Frierson argues that the trial court committed plain error when it found him guilty of the sexually violent predator specifications because the application of R.”
State v. Townsend (Slip Opinion), 2020-Ohio-5586, 167 N.E.3d 954. “Former and current versions of R.C. 2971.01 {¶ 7} The version of R.C. 2971.”
State v. Townsend, 2019-Ohio-1134. “Prior to April 29, 2005, R.C. 2971.01(H)(1) defined a “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent…”
State v. Clipps, 2019-Ohio-3569. “7 At the time appellant allegedly committed the rape offense charged in Count 2 of the 1998 indictment, R.C. 2971.01(H)(1) defined a “sexually violent predator” as “a person who has been convicted of or pleaded guilty to committing, on or after [January 1, 1997], a sexually…”
Ohio Rev. Code § 2971.01(H)(2): 41 cases
State v. Belle, 2019-Ohio-787. “{¶34} R.C. 2971.01(H)(1) defines a “sexually violent predator” as “a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Pyle, 2018-Ohio-3160. “The plain language of R.C. 2971.01 “unambiguously requires that the three following factors exist before a defendant may be labeled as a sexually violent predator: (1) that on or after January 1, 1997; (2) he commits a sexually violent offense; and (3) it is likely that he will…”
State v. T.E.H., 2017-Ohio-4140. “R.C. 2971.01(G) and (L). For purposes of determining whether a person meets the definition of a sexually violent predator: [A]ny of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one…”
State v. Sylvester, 2016-Ohio-5710.
State v. Garcia, 2022-Ohio-3426.
Ohio Rev. Code § 2971.01(H)(2)(C): 1 case
State v. Jacobson, 2025-Ohio-2849.
Ohio Rev. Code § 2971.01(H)(2)(a): 28 cases
State v. Pyle, 2018-Ohio-3160. “The plain language of R.C. 2971.01 “unambiguously requires that the three following factors exist before a defendant may be labeled as a sexually violent predator: (1) that on or after January 1, 1997; (2) he commits a sexually violent offense; and (3) it is likely that he will…”
State v. Belle, 2019-Ohio-787. “{¶34} R.C. 2971.01(H)(1) defines a “sexually violent predator” as “a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Wooten, 2014-Ohio-3980.
State v. Asadi-Ousley, 2017-Ohio-7252, 102 N.E.3d 52.
State v. Price, 2013-Ohio-3912.
Ohio Rev. Code § 2971.01(H)(2)(b): 3 cases
State v. Cartwright, 2013-Ohio-2156. “*** (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) [sic] of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to…”
State v. Johnson, 2024-Ohio-3108.
State v. Williams, 2018-Ohio-845.
Ohio Rev. Code § 2971.01(H)(2)(c): 10 cases
State v. Cartwright, 2013-Ohio-2156. “*** (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) [sic] of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to…”
State v. T.E.H., 2017-Ohio-4140. “R.C. 2971.01(G) and (L). For purposes of determining whether a person meets the definition of a sexually violent predator: [A]ny of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one…”
State v. Horn, 2018-Ohio-779, 108 N.E.3d 158.
State v. Bey, 2025-Ohio-740, 267 N.E.3d 156.
State v. Simmons, 2024-Ohio-3188.
Ohio Rev. Code § 2971.01(H)(2)(d): 2 cases
State v. Culp, 2012-Ohio-5395.
State v. Person, 2016-Ohio-681.
Ohio Rev. Code § 2971.01(H)(2)(e): 2 cases
State v. Bey, 2025-Ohio-740, 267 N.E.3d 156.
State v. Culp, 2012-Ohio-5395.
Ohio Rev. Code § 2971.01(H)(2)(f): 15 cases
State v. Maranger, 2018-Ohio-1425, 110 N.E.3d 895.
State v. Myers, 795 N.E.2d 77 (Ohio Ct. App. 10th Dist. 2003).
State v. Belle, 2019-Ohio-787. “{¶34} R.C. 2971.01(H)(1) defines a “sexually violent predator” as “a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Bey, 2025-Ohio-740, 267 N.E.3d 156.
State v. Sylvester, 2016-Ohio-5710.
Ohio Rev. Code § 2971.01(I): 6 cases
State v. Worthy, 728 N.E.2d 342 (Ohio 2000).
State v. Jones, 93 Ohio St. 3d 391 (2001). “{¶ 10} Because the offenses appellee was found guilty of committing are sexually violent offenses as defined in R.C. 2971.01(G) and 2971.01(L)(1), proceedings were held to determine whether appellee was guilty of the sexually violent predator specifications contained in the…”
State v. Pyle, 2018-Ohio-3160. “The plain language of R.C. 2971.01 “unambiguously requires that the three following factors exist before a defendant may be labeled as a sexually violent predator: (1) that on or after January 1, 1997; (2) he commits a sexually violent offense; and (3) it is likely that he will…”
State v. Jones, 754 N.E.2d 1252 (Ohio 2001).
State v. Schlemmer, 2016-Ohio-430.
Ohio Rev. Code § 2971.01(J): 20 cases
State v. Crotts, 820 N.E.2d 302 (Ohio 2004).
Coston v. Petro, 398 F. Supp. 2d 878 (S.D. Ohio 2005).
State v. Madison (Slip Opinion), 2020-Ohio-3735, 155 N.E.3d 867.
State v. Turner, 2024-Ohio-684, 236 N.E.3d 945.
State v. Petkovic, 2012-Ohio-4050.
Ohio Rev. Code § 2971.01(K): 3 cases
State v. Humphreys, 2026-Ohio-373.
State v. Edmonson, 2025-Ohio-4314.
State v. Sims, 2025-Ohio-5827.
Ohio Rev. Code § 2971.01(L): 3 cases
State v. Johnson, 2024-Ohio-3108.
State v. Kimble, 2016-Ohio-981.
State v. Neal, 2013-Ohio-2291.
Ohio Rev. Code § 2971.01(L)(1): 10 cases
State v. Smith, 104 Ohio St. 3d 106 (2004). “R.C. 2971.01(G) and (L). A “ ‘[sjexually violent predator’ means a person who has been convicted of or pleaded guilty to committing, on or after January 1, 1997, a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.”
State v. Sylvester, 2016-Ohio-5710.
State v. Frierson, 2019-Ohio-317, 129 N.E.3d 1004. “Sexually Violent Predator Specifications {¶5} In his first assignment of error, Frierson argues that the trial court committed plain error when it found him guilty of the sexually violent predator specifications because the application of R.”
State v. Horn, 2018-Ohio-779, 108 N.E.3d 158.
State v. Garcia, 2022-Ohio-3426.
Ohio Rev. Code § 2971.01(L)(3): 1 case
State v. Humphreys, 2026-Ohio-373.
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