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, the court shall consider the risk that the offender will commit another offense and the need for protecting the public therefrom, the nature and circumstances of the offense, the history, character and condition of the offender and his need for correctional or rehabilitative treatment, and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him.

   (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.

   (c)    The criteria listed in Ohio R. C. 2929.12, favoring shorter terms of imprisonment for felony, do not control the court’s discretion, but shall be considered against imposing imprisonment for misdemeanor.

   (d)    The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which 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 which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.

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

(ORC 2929.22)