Ohio Rev. Code » Chapter 2971
Ohio Revised Code

Ohio Rev. Code § 2971.01 (2026)

Sentencing of sexually violent predator definitions

✓ current as of May 2026
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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 (Ohio 2004).
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State v. Smith, 104 Ohio St. 3d 106 (Ohio 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 (Ohio Ct. App. 2019). · 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 (Ohio Ct. App. 2018). · 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 (Ohio 2010). · 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 (Ohio Ct. App. 2019). · 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 (Ohio 2020). · 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 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2019). · 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 (Ohio Ct. App. 2019). · 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 (Ohio Ct. App. 2013). · 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, 2001 Ohio 1341 (Ohio 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 (Ohio Ct. App. 2018). · 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, 88 Ohio St. 3d 513 (Ohio 2000).
State v. Ward, 720 N.E.2d 603 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 2971.01(A)(3)(d)(iii) — 1 case
State v. Austin, 2012 Ohio 4232 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2971.01(B) — 1 case
State v. Ford, 2021 Ohio 4608 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2971.01(C) — 1 case
State v. Louis, 2020 Ohio 951 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2971.01(G) — 6 cases
State v. Jones, 2001 Ohio 1341 (Ohio 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 (Ohio 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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2019).
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 (Ohio Ct. App. 2018).
State v. Eick, 2023 Ohio 4144 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2971.01(G)(2) — 1 case
State v. Humphreys, 2026 Ohio 373 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2971.01(H) — 26 cases
State v. T.E.H., 2017 Ohio 4140 (Ohio Ct. App. 2017). “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, 2001 Ohio 1341 (Ohio 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 (Ohio Ct. App. 2025).
State v. Sylvester, 2016 Ohio 5710 (Ohio Ct. App. 2016).
State v. Person, 2016 Ohio 681 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2971.01(H)(1) — 76 cases
State v. Smith, 104 Ohio St. 3d 106 (Ohio 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 (Ohio Ct. App. 2019). “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 (Ohio 2020). “Former and current versions of R.C. 2971.01 {¶ 7} The version of R.C. 2971.”
State v. Townsend, 2019 Ohio 1134 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2019). “{¶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 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2016).
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2971.01(H)(2)(C) — 1 case
State v. Jacobson, 2025 Ohio 2849 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2971.01(H)(2)(a) — 28 cases
State v. Pyle, 2018 Ohio 3160 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2019). “{¶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 (Ohio Ct. App. 2014).
State v. Asadi-Ousley, 2017 Ohio 7252 (Ohio Ct. App. 2017).
State v. Price, 2013 Ohio 3912 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2971.01(H)(2)(b) — 3 cases
State v. Cartwright, 2013 Ohio 2156 (Ohio Ct. App. 2013). “*** (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 (Ohio Ct. App. 2024).
State v. Williams, 2018 Ohio 845 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2971.01(H)(2)(c) — 10 cases
State v. Cartwright, 2013 Ohio 2156 (Ohio Ct. App. 2013). “*** (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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2018).
State v. Bey, 2025 Ohio 740 (Ohio Ct. App. 2025).
State v. Simmons, 2024 Ohio 3188 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2971.01(H)(2)(d) — 2 cases
State v. Culp, 2012 Ohio 5395 (Ohio Ct. App. 2012).
State v. Person, 2016 Ohio 681 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2971.01(H)(2)(e) — 2 cases
State v. Bey, 2025 Ohio 740 (Ohio Ct. App. 2025).
State v. Culp, 2012 Ohio 5395 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2971.01(H)(2)(f) — 15 cases
State v. Maranger, 2018 Ohio 1425 (Ohio Ct. App. 2018).
State v. Myers, 795 N.E.2d 77 (Ohio Ct. App. 2003).
State v. Belle, 2019 Ohio 787 (Ohio Ct. App. 2019). “{¶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 (Ohio Ct. App. 2025).
State v. Sylvester, 2016 Ohio 5710 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2971.01(I) — 6 cases
State v. Worthy, 2000 Ohio 428 (Ohio 2000).
State v. Jones, 2001 Ohio 1341 (Ohio 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 (Ohio Ct. App. 2018). “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 Ct. App. 2016).
— 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 (Ohio 2020).
State v. Turner, 2024 Ohio 684 (Ohio Ct. App. 2024).
State v. Petkovic, 2012 Ohio 4050 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2971.01(K) — 3 cases
State v. Humphreys, 2026 Ohio 373 (Ohio Ct. App. 2026).
State v. Edmonson, 2025 Ohio 4314 (Ohio Ct. App. 2025).
State v. Sims, 2025 Ohio 5827 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2971.01(L) — 3 cases
State v. Johnson, 2024 Ohio 3108 (Ohio Ct. App. 2024).
State v. Kimble, 2016 Ohio 981 (Ohio Ct. App. 2016).
State v. Neal, 2013 Ohio 2291 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2971.01(L)(1) — 10 cases
State v. Smith, 104 Ohio St. 3d 106 (Ohio 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 (Ohio Ct. App. 2016).
State v. Frierson, 2019 Ohio 317 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2018).
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2971.01(L)(3) — 1 case
State v. Humphreys, 2026 Ohio 373 (Ohio Ct. App. 2026).
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