698.02 PENALTIES FOR MISDEMEANOR.

(a) “Dangerous offender” means a person who has committed an offense, whose history, character and condition reveal a substantial risk that the person will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive or aggressive behavior with heedless indifference to the consequences.

(b) “Repeat offender” means a person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that the person will commit another offense. It is prima-facie evidence that a person is a repeat offender if any of the following applies:

(1) Having been convicted of one or more offenses of violence, as defined in Section 606.01(h), and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense of violence;

(2) Having been convicted of one or more sex offenses, as defined in Ohio R.C. 2950.01, and having been imprisoned pursuant to sentence for one or more of those sex offenses, the person commits a subsequent sex offense;

(3) Having been convicted of one or more theft offenses, as defined in Section 642.01(ee), and having been imprisoned pursuant to sentence for one or more of those theft offenses, the person commits a subsequent theft offense;

(4) Having been convicted of one or more felony drug abuse offenses, as defined in Section 624.01(l), and having been imprisoned pursuant to sentence for one or more of those felony drug abuse offenses, the person commits a subsequent felony drug abuse offense;

(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for one or more felonies, the person commits a subsequent offense;

(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense.

(ORC 2935.36)

698.02 PENALTIES FOR MISDEMEANOR.

(a) Except as provided in subsection (g) hereof or Ohio R.C. 2929.23, and unless another penalty is otherwise expressly provided in the section of which the provision is a part, whoever violates any of the provisions of this Part Six - General Offenses Code, other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.

Whoever is convicted of or pleads guilty to committing, attempting to commit or complicity in committing a violation of Section 642.09 or 642.10(a)(2), when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with Ohio R.C. 2929.28.

(b) Except as provided in subsection (g) hereof, terms of imprisonment for misdemeanor shall be imposed as follows:

(1) For a misdemeanor of the first degree, not more than six months;

(2) For a misdemeanor of the second degree, not more than ninety days;

(3) For a misdemeanor of the third degree, not more than sixty days;

(4) For a misdemeanor of the fourth degree, not more than thirty days.

(1) For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);

(2) For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);

(3) For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);

(4) For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).

(d) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred dollars ($100.00).

(e) The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by the offense and for all or part of the value of the property that is the subject of any theft offense, as defined in Section 642.01(ee), that the person committed. If the court determines that the victim of the offense was sixty-five years of age or older or permanently or totally disabled at the time of the commission of the offense, the court, regardless of whether or not the offender knew the age of the victim, shall consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.

(f) If a person is sentenced to a term of imprisonment pursuant to this section and the term of imprisonment is to be served in a county jail, in a county that has established a county jail industry program pursuant to Ohio R.C. 5147.30, the court shall specify, as part of the sentence, whether the person may be considered by the county sheriff of that county for participation in the county jail industry program. The court shall retain jurisdiction to modify its specification made pursuant to this subsection during the person's term of imprisonment upon a reassessment of the person's qualifications for participation in the program.

(g) If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997) and if the judge imposing sentence for the sexually oriented offense determines pursuant to Ohio R.C. 2950.09(B) that the offender is a sexual predator, the judge shall include in the offender's sentence a statement that the offender has been adjudicated as being a sexual predator, shall comply with the requirements of Ohio R.C. 2950.03 and shall require the offender to submit to a DNA specimen collection procedure pursuant to Ohio R.C. 2901.07.

(h) Before imposing sentence on an offender who is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997), the judge shall conduct a hearing in accordance with Ohio R.C. 2950.09(B) to determine whether the offender is a sexual predator. Before imposing sentence on an offender who is being sentenced for a sexually oriented offense, the court also shall comply with Ohio R.C. 2950.09(E).

(i) If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997), the judge shall include in the sentence a summary of the offender's duty to register pursuant to Ohio R.C. 2950.04, the offender's duty to provide notice of a change in residence address and register the new residence address pursuant to Ohio R.C. 2950.05, the offender's duty to periodically verify the offender's current residence address pursuant to Ohio R.C. 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration and, if required under Ohio R.C. 2950.03(A)(2), shall perform the duties specified in that section.

(ORC 2929.21)

698.03 IMPOSING SENTENCE FOR MISDEMEANOR.

(a) In determining whether to impose imprisonment or a fine, or both, for misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine for a misdemeanor, the court shall consider the risk that the offender will commit another offense and the need for protecting the public from the risk, the nature and circumstances of the offense, the history, character and condition of the offender and the offender's need for correctional or rehabilitative treatment, any statement made by the victim under Ohio R.C. 2930.12 to 2930.17, if the offense is a misdemeanor specified in Ohio R.C. 2930.01(A), and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on the offender.

(b) The following do not control the court's discretion, but shall be considered in favor of imposing imprisonment for misdemeanor:

(1) The offender is a repeat or dangerous offender;

(2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense.

(3) The offense is a violation of Section 636.17 or Ohio R.C. 2919.25 or a violation of Section 636.02 or Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation, the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian or person in loco parentis of one or more of those children.

If the offense is a violation of Section 636.17 or Ohio R.C. 2919.25 or a violation of Section 636.02 or Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation and the court decides to impose a term of imprisonment upon the offender, the factor listed in paragraph (b)(3) hereof shall be considered in favor of imposing a longer term of imprisonment on the offender.

(c) The criteria listed in Ohio R.C. 2929.12(C) and (E), that mitigate the seriousness of the offense and that indicate that the offender is unlikely to commit future crimes, do not control the court's discretion, but shall be considered against imposing imprisonment for misdemeanor.

(d) The criteria listed in subsection (b) hereof and referred to in subsection (c) hereof shall not be construed to limit the matters that may be considered in determining whether to impose imprisonment for misdemeanor.

(e) The court shall not impose a fine in addition to imprisonment for misdemeanor, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, or the offense has proximately resulted in physical harm to the person or property of another, or the offense was committed for hire or for purpose of gain.

(f) The court shall not impose a fine or fines that, in the aggregate and to the extent not suspended by the court, exceed the amount that the offender is or will be able to pay by the method and within the time allowed without undue hardship to the offender or the offender's dependents, or will prevent the offender from making restitution or reparation to the victim of the offender's offense.

(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to Ohio R.C. 2743.51 through 2743.72.

(h) As used in this section, “repeat offender” and “dangerous offender” have the same meanings as in Section 698.01.

(ORC 2929.22)

698.04 ORGANIZATIONAL PENALTIES.

(a) Regardless of the penalties provided in Section 698.02, or in any other section of these Codified Ordinances, an organization convicted of an offense pursuant to Section 606.08 shall be fined in accordance with this section. The court shall fix the fine as follows:

(1) For a misdemeanor of the first degree, not more than five thousand dollars ($5,000);

(2) For a misdemeanor of the second degree, not more than four thousand dollars ($4,000);

(3) For a misdemeanor of the third degree, not more than three thousand dollars ($3,000);

(4) For a misdemeanor of the fourth degree, not more than two thousand dollars ($2,000);

(5) For a minor misdemeanor, not more than one thousand dollars ($1,000);

(6) For a misdemeanor not specifically classified, not more than two thousand dollars ($2,000);

(7) For a minor misdemeanor not specifically classified, not more than one thousand dollars ($1,000).

(b) When an organization is convicted of an offense that is not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then the penalty so provided shall be imposed in lieu of the penalty provided in this section.

(c) When an organization is convicted of an offense that is not specifically classified, and the penalty provided includes a higher fine than the fine that is provided in this section, then the penalty imposed shall be pursuant to the penalty provided for the violation of the section defining the offense.

(d) This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 606.08, either in addition to or in lieu of a fine imposed pursuant to this section. (ORC 2929.31)

698.05 MULTIPLE SENTENCES.

(a) Except as otherwise provided in this section, a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment imposed by a court of this Municipality, the State, another state, or the United States. Except as provided in subsection (b) hereof, a sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a State or Federal correctional institution.

(b) A sentence of imprisonment for a misdemeanor shall be served consecutively to any other sentence of imprisonment when the trial court specifies that it is to be served consecutively, or when it is imposed for a violation of Section 672.025 or a misdemeanor violation of Ohio R.C. 2907.322, 2921.34 or 2923.131.

(c) When consecutive sentences of imprisonment are imposed for misdemeanor under this section, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed eighteen months.

(d) A sentence of imprisonment imposed for a misdemeanor violation of Section 434.01 or Section 436.07(a), (c), (d) or (e) of the Traffic Code shall be served consecutively to a prison term that is imposed for a felony violation of Ohio R.C. 2903.06, 2903.07, 2903.08 or 4511.19 or a felony violation of Ohio R.C. 2903.04, involving the operation of a motor vehicle by the offender, and that is served in a State correctional institution when the trial court specifies that it is to be served consecutively.

When consecutive sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this section, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor.

(ORC 2929.41)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc