Frequently Asked Questions About Ohio Sexual Offenses, Penalties, and Sexual Registration Requirements

What are the different levels of sex offenses in Ohio?

Ohio has three levels of sexual registration; Tier I, II, or III. Tier III is the most restrictive and reserved for the most serious offenses. Tier I is the least serious and least restrictive tier, although it still carries life altering requirements for registrants. An offender's tier designation is entirely dependent on his or her conviction. Any adult convicted of a sexually oriented offense in Ohio is subject to registration as a sexual offender under one of the three tiers.

Are all sexual registration lists public in Ohio?

All adult registration lists are available to the public in Ohio. Regardless of the tier level, offenders are included on Ohio's esorn (Electronic Sex Offender Registration and Notification) internet database. Esorn gives any person with internet access the ability to view the entire offender list.

Does the sexual registration process vary among the different tiers in Ohio?

All tiers share the same requirements with respect to where an offender must register. All offenders must register in the county where he or she resides, works, and/or goes to school. Further, all offenders, regardless of tier, must register if they leave the county and must provide the same information to the local sheriff when registering. This information includes email addresses, home address, vehicle information, etc.

How often does a sex offender have to report in Ohio?

With respect to the tier levels, Tier III is the most severe level and requires mandatory reporting every 90 days for the rest of the offender's life. It also is the only tier that includes community notification, which is where notice is mailed out to the rest of the community regarding the offender. The Court, however, has discretion whether to waive this requirement.

Furthermore, Tier II requires registration every 180 days for 25 years. Tier I requires registering once a year for 15 years, but an offender can petition the court to remove him or her after 10 years.

What are the penalties for Ohio Sex Offenses?

Below is an outline of all sexually oriented offenses in Ohio including the penalty ranges and sexual registration requirements for those offenses.

Ohio Sexually Oriented Offenses:

  • 2903.01 Aggravated murder with sexual motivation specification: This offense is a tier III offense and is a special felony that carries a sentence of death or life in prison.

  • 2903.02 Murder with sexual motivation specification: This offense is a tier III offense and is a special felony that carries a sentence range of 15 years in prison up to life in prison without parole.

  • 2903.04(A) Unlawful death or termination of pregnancy as a result of committing or attempt to commit a felony with sexual motivation: This offense is a tier III offense and is a first degree felony that carries a mandatory prison sentence of three to eleven years in prison.

  • 2903.11 Felonious assault with sexual motivation: This offense is a tier III offense and is a second degree felony that carries a possible prison sentence of two to eight years in prison.

  • 2903.211(A)(3) Menacing by stalking with sexual motivation: This offense is a tier I offense and is a first degree misdemeanor that carries a possible sentence of up to 180 days in jail. It can be enhanced to a felony offense in certain circumstances, such as if the defendant has a prior conviction for the same offense or if the victim is a minor.

  • 2905.01 Kidnapping: A violation of the (A)(4)[ where the victim is under the age of 13 and the defendant engages in sexual activity with the victim] or( B) [kidnapping of a minor not by their parent] subsections is a Tier III offense and depending on the facts can range from a second degree felony carrying two to eight years in prison up to a first degree felony that carries a mandatory 10 year to life in prison.

    Additionally, any violation of the (A) subsections, with the exception of the (A)(4) violation outlined above, is a Tier II offense and depending on the facts can range from a second degree felony carrying two to eight years in prison up to a first degree felony that carries a mandatory 10 year to life in prison.

  • 2905.02(B) Abduction with sexual motivation: This is a Tier II offense and could be, depending on the facts, either a second degree felony carrying two to eight years in prison or a third degree felony carrying one to five years in prison. Additionally, if there is a sexual motivation specification then the court must impose a prison sentence from the range above.

  • 2905.03(B) Unlawful restraint with sexual motivation: This is a Tier I offense and is a third degree misdemeanor carrying a maximum of 60 days in jail.

  • 2905.05(B) Child enticement with sexual motivation: This is a Tier I offense and is a first degree misdemeanor carrying up to 180 days in jail. It is a fifth degree felony, carrying a maximum possible sentence of one year in prison, if the defendant has a prior sexual offense on his or her record.

  • 2907.03 Sexual battery: This is a tier III offense and is a third degree felony carrying the possibility of one to five years in prison. It is a second degree felony if the victim is under the age of 13, and in that case carries a mandatory prison sentence of two to eight years in prison.

  • 2907.04 Unlawful sexual conduct with minor: This is a tier II offense when the defendant is at least 4 years older than the victim or when, if the defendant is less than four years older than the victim, the defendant has prior sexual offense convictions. Otherwise, if the defendant is less than four years older than the victim and has no prior sexual offenses, then it is a Tier I offense only if the sexual conduct was non-consensual.

    This penalties for this offense vary depending on the age of the parties and whether the defendants have any priors. This offense is first degree misdemeanor (carrying up to 180 days in jail) if the defendant is less than four years older than the victim; a third degree felony (the possibility of one to five years in prison) if the defendant is ten or more years older than the victim; and a fourth degree felony (up to 18 months in prison) in all other circumstances. However, if the defendant has a prior sexual offense then it is a second degree felony that carries the possibility of two to eight years in prison.

  • 2907.05 Gross sexual imposition: A violation of (A)(4) [where the victim is under the age of 12] is a tier II offense and third degree felony carrying the possibility of 1-5 years in prison, although, in certain circumstances, that prison term may become mandatory.

    A violation of subsections (A)(1)-(3) and (5) is a tier I offense and a fourth degree felony carrying the possibility of 18 months in prison. In certain instances it could be a third degree felony carrying a possibility of one to five years in prison.

    A violation of subsection (B) is a tier III offense and third degree felony carrying the possibility of 1-5 years in prison, although, in certain circumstances, that prison term may become mandatory.

  • 2907.06 Sexual imposition: This offense is a Tier I offense and a third degree misdemeanor carrying up to 60 days in jail. If the defendant has a prior sex offense conviction then it is a first degree misdemeanor carrying up to 180 days in jail.

  • 2907.07 Importuning: This is a tier one offense. Depending on the facts, the ages of the parties, and the number of prior convictions the defendant has, this offense ranges from a fifth degree felony (up to 12 months in prison) up to a second degree felony with a mandatory prison sentence in the range of two to eight years.

  • 2907.08 Voyeurism: This is a tier I offense and the penalties range from a third degree misdemeanor (up to 60 days in jail) to a fifth degree felony (up to one year in prison).

  • 2907.21 Compelling prostitution: This is a tier II offense and is a third degree felony carrying the possibility of one to five years in prison. It could also be a second degree felony (possibility of two to eight years in prison) or a first degree felony (three to eleven years in prison) depending on the age of the victim. Additionally, the offense carries a mandatory prison sentence from the ranges above if the defendant also pleads guilty to a sexual motivation specification.

  • 2907.32 Pandering obscenity: This is a tier 1 offense and is a felony of the fifth degree (up to 12 months in prison). If the defendant has a prior conviction for a similar offense then this offense is a fourth degree felony carrying the possibility of six to 18 months in prison.

  • 2907.321 Pandering obscenity involving a minor: This is a tier II offense and depending on the facts and number of prior similar convictions on the defendants record this offense ranges from a fourth degree felony (the possibility of six to 18 months in prison) to a second degree felony that carries the possibility of two to 8 years in prison.

  • 2907.322 Pandering sexually oriented matter involving a minor: This is a tier II offense and depending on the facts and number of prior similar convictions on the defendants record this offense ranges from a fourth degree felony (the possibility of six to 18 months in prison) to a second degree felony that carries the possibility of two to 8 years in prison.

  • 2907.323 Illegal use of minor in nudity-oriented material or performance: A violation of the (A)(1) or (A)(2) [creating to or consenting to the creation of a minor child in a state of nudity] subsections is a tier II offense. It is also a second degree felony carrying the possibility of two to eight years in prison. The offense carries a mandatory prison sentence if the defendant also pleads guilty to a sexual motivation specification.

    A violation of the (A)(3) subsection [possession of material depicting a minor child in a state of nudity] is a tier I offense and a fifth degree felony carrying the possibility of up to 12 months in prison. If the defendant has a prior conviction for a similar offense then a violation of this subsection is a fourth degree felony carrying the possibility of six to 18 months in prison.

  • 2919.22(B)(5) Child endangering: This is a tier II offense and a second degree felony carrying the possibility of two to eight years in prison. The offense carries a mandatory prison sentence from the range above if the defendant also pleads guilty to a sexual motivation specification.

  • Also, any attempt, complicity, or conspiracy to commit these offenses qualifies as a sexually oriented offense and is the same tier as if the conviction was for the offense itself