ABOUT
OHIO'S SEX OFFENDER REGISTRATION AND NOTIFICATION LAW
The 1997 Federal Crime Act contained a provision called “The
Jacob Wetterling Act,” which required all states to
pass a sex offender registration and notification law or face
the loss of millions of dollars in federal crime prevention
funds.
“Megan’s Law” was the
first of these types of statutes. It was passed by the New
Jersey Legislature in 1994. The law was named after 7-year-old
Megan Kanka who was abducted, raped, and murdered by an
ex-convict who had two prior convictions for sex crimes
against young girls. All 50 states now have sex offender
registration laws; 49—including Ohio—require
some form of notification.
The Ohio version of Megan’s Law is
called the Sex Offender Registration and Notification law
(SORN). It was passed as House Bill 180 in 1996, and went
into effect in two stages in 1997. The first part of the
law went into effect on Jan. 1, 1997. Beginning at that
time, all sex offenders, including those already incarcerated,
were required to be classified by their individual sentencing
judges into one of three categories, each of which dictates
the registration and notification requirements to which
the offender is subject. The second part of the law went
into effect on July 1, 1997. From this point forward, all
convicted sex offenders are subject to the registration
requirements of the law. Sexual predators and some habitual
sex offenders are subject to the notification aspects.
CLASSIFICATION OF OFFENDERS
A
SEXUAL PREDATOR is defined as a person who has
been convicted of, or pleaded guilty to, committing a sexually
oriented offense and who is likely in the future to commit
additional sexually oriented offenses. Offenders
can be classified as sexual predators in one of the following
ways:
1.
The Offender is convicted of a sexually violent offense
with a sexually violent predator specification, (or)
2.
The sentencing court, after holding a sexual predator
hearing pursuant to O.R.C. 2950.09, determines that the
offender is a sexual predator.
Offenders
designated as sexual predators are subject to registration/verification
requirements for life unless a judge modifies or terminates
the sexual predator designation. Sexual predators are subject
to the neighbor/community notification provisions and the
reporting requirements at 90-day intervals.
A
HABITUAL SEX OFFENDER is defined as a person who
has been convicted of, or pleaded guilty to, committing
a sexually oriented offense, and who previously has been
convicted of or pleaded guilty to one or more sexually oriented
offenses. Offenders
designated as habitual sex offenders are subject to registration/verification
requirements annually for a period of 20 years after release.
A sentencing judge may determine that a habitual sex offender
is subject to neighbor/community notification.
A
SEXUALLY ORIENTED OFFENDER is a person who has
been convicted of, or pleaded guilty to, committing a sexually
oriented offense, but who has not been designated as a sexual
predator or habitual sex offender. Sexually
oriented offenders are subject to the registration/verification
requirements annually for a period of 10 years after release.
These offenders are not subject to neighbor/community notification.
DEFINITION
OF SEXUALLY ORIENTED OFFENSES
Those offenses that are defined as any of the following:
2905.01 Kidnapping – if the offense involves a minor
or, regardless of the age of the victim, if the offense is
committed with the purpose to gratify the sexual needs or
desires of the offender.
2905.02 Abduction – if the offense involves a minor.
2905.03 Unlawful restraint – if the offense involves
a minor.
2905.05 Criminal child enticement.
2907.02 Rape.
2907.03 Sexual battery.
2907.04 Corruption of a minor.
2907.05 Gross sexual imposition.
2907.21 Compelling prostitution – when the person compelled,
procured, etc., is a minor.
2903.01 Aggravated murder – if the offense is committed
with the purpose to satisfy the sexual needs or desires of
the offender.
2903.02 Murder – if the offense is committed with the
purpose to satisfy the sexual needs or desires of the offender.
2903.04(A) Involuntary manslaughter – if the offense
is committed with purpose to satisfy the sexual needs or desires
of the offender.
2903.11 Felonious assault – if the offense is committed
with the purpose to satisfy the sexual needs or desires of
the offender.
2907.321(A)(1) or (A)(3) Pandering obscenity involving a minor.
2907.322 (A)(1) or (A)(3) Pandering sexually oriented matter
involving a minor.
2907.323(A)(1) or (A)(2) Illegal use of minor in nudity-oriented
material or performance.
2919.22(B)(5) Endangering children—certain subsections:
child is under 18 years of age. •
A violation of any former Ohio law that is substantially
equivalent to any offense listed above, including felonious
sexual penetration.
• An offense under an existing or former municipal
ordinance or law of another state or the federal government,
or a violation under the law applicable in military court
that is substantially equivalent to any offense listed above.
• An attempt to commit, conspiracy to commit, or complicity
in committing any of the offenses listed above. |
