Section
698.01 Definitions
698.02 Penalties for misdemeanor
698.03 Imposing sentence for misdemeanor
698.04 Organizational penalties
698.05 Multiple sentences
698.06 Suspension of driver’s license
Cross-reference:
Administration, enforcement and public service, see Ch. 654
Classification of offenses, see § 606.02
Criminal law jurisdiction, see § 606.05
Culpable mental states, see § 606.08
Definitions generally, see § 606.01
Limitation on prosecutions, see § 606.06
Obstructing justice, see § 654.07
Offenses defined, see § 606.03
Organizational criminal liability, see § 606.09
Personal accountability for organizational conduct, see § 606.10
Requirements for criminal liability, see § 606.07
Rules of construction, see § 606.04
Sentencing for sexually oriented offenses; sexual predators; registration, see § 666.99
Statutory reference:
Burden and degree of proof, see R.C. § 2901.05
Criteria for probation; conditions for probation, see R.C. § 2951.02
Definition of “imprisoned”, see R.C. § 1.05
Degree of offense; charge and verdict; prior conviction, see R.C. § 2945.75
Payment of costs and expenses on change of venue, see R.C. § 2931.31
Procedure on change of venue, see R.C. § 2931.29
Satisfaction of fine; credit for time served, see R.C. § 2947.14
Transfer of prisoner on change of venue, see R.C. § 2931.30
Treatment of drug dependent persons in lieu of conviction, see R.C. § 2951.041
Venue, see R.C. § 2901.12
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Dangerous offender.” A person who has committed an offense, whose history, character and condition reveal a substantial risk that he or she 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.” A person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that he or she 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 R.C. § 2901.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent offense of violence;
(2) Having been convicted of one or more sexually oriented offenses, as defined in R.C. § 2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent sexually oriented offense;
(3) Having been convicted of one or more theft offenses, as defined in R.C. § 2913.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses, as defined in R.C. § 2925.01, and having been imprisoned pursuant to sentence for one or more of those 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 any such offense, 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.
(R.C. § 2935.36(E))
(a) Except as provided in division (g) of this section or 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 642.06 or 642.08(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 R.C. § 2929.28.
(b) Except as provided in division (g) of this section, 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 90 days;
(3) For a misdemeanor of the third degree, not more than 60 days;
(4) For a misdemeanor of the fourth degree, not more than 30 days.
(c) Fines for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than $1,000;
(2) For a misdemeanor of the second degree, not more than $750;
(3) For a misdemeanor of the third degree, not more than $500;
(4) For a misdemeanor of the fourth degree, not more than $250.
(d) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than $150.
(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 § 642.01, that the person committed. If the court determines that the victim of the offense was 65 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 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 division 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 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 R.C. § 2950.03 and shall require the offender to submit to a DNA specimen collection procedure pursuant to 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 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 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 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 R.C. § 2950.05, the offender's duty to periodically verify the offender's current residence address pursuant to 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 R.C. § 2950.03(A)(2), shall perform the duties specified in that section.
(Ord. 151-05. Passed 8-8-05.)
(a) (1) Unless a mandatory jail term is required to be imposed by R.C. § 1547.99(G), 4510.14(B) or 4511.19(G), or any other provision of the Revised Code, or any municipal ordinance, a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in R.C. §§ 2929.21 and 2929.24 through 2929.28.
(2) Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of § 666.99 of this code or R.C. §§ 2929.21 and 2929.23 to 2929.28, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under R.C. §§ 2929.24 through 2929.28. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
(b) (1) In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:
A. The nature and circumstances of the offense or offenses;
B. Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender’s character and condition reveal a substantial risk that the offender will commit another offense;
C. Whether the circumstances regarding the offender and the offense or offenses indicate that the offender’s history, character and condition reveal a substantial risk that the offender will be a danger to others and that the offender’s conduct has been characterized by a pattern of repetitive, compulsive or aggressive behavior with heedless indifference to the consequences;
D. Whether the victim’s youth, age, disability or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;
E. Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (b)(1)B. and (b)(1)C. of this section;
F. Whether the offender has an emotional, mental, or physical condition that is traceable to the offender’s service in the armed forces of the United States and that was a contributing factor in the offender’s commission of the offense or offenses;
G. The offender’s military service record.
(2) In determining the appropriate sentence for a misdemeanor, in addition to complying with division (b)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in R.C. § 2929.21.
(c) Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under R.C. § 2929.25 through 2929.28. A court may impose the longest jail term authorized under R.C. § 2929.24 only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future crime.
(d) (1) A sentencing court shall consider any relevant oral or written statement made by the victim, the defendant, the defense attorney or the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by R.C. Chapter 2930.
(2) At the time of sentencing for a misdemeanor 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 R.C. §§ 2743.51 to 2743.72.
(R.C. § 2929.22)
(a) Regardless of the other penalties provided in R.C. §§ 2929.21 and 2929.24 through 2929.28, an organization convicted of an offense pursuant to § 606.10 shall be fined by the court as follows:
(1) For a misdemeanor of the first degree, not more than $5,000;
(2) For a misdemeanor of the second degree, not more than $4,000;
(3) For a misdemeanor of the third degree, not more than $3,000;
(4) For a misdemeanor of the fourth degree, not more than $2,000;
(5) For a minor misdemeanor, not more than $1,000;
(6) For a misdemeanor not specifically classified, not more than $2,000;
(7) For a minor misdemeanor not specifically classified, not more than $1,000.
(b) When an organization is convicted of an offense 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 that penalty shall be imposed in lieu of the penalty provided in this section.
(c) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this section, then the penalty imposed shall be pursuant to the penalty provided for 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 § 606.10, either in addition to or in lieu of a fine imposed pursuant to this section.
(R.C. § 2929.31)
(a) Except as provided in division (b) of this section, R.C. § 2929.14(C) or 2971.03(D) or (E), a prison term, jail term or sentence of imprisonment shall be served concurrently with any other prison term, jail term or sentence of imprisonment imposed by a court of this municipality, the state, another state or the United States. Except as provided in division (b)(2) of this section, a jail term or 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) (1) A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of R.C. § 2907.322, 2921.34 or 2923.131. When consecutive sentences are imposed for misdemeanors under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed 18 months.
(2) A jail term or sentence of imprisonment imposed for a misdemeanor violation of R.C. § 4510.14, 4510.16, 4510.21 or 4511.19, or a substantially equivalent municipal ordinance, shall be served consecutively to a prison term that is imposed for a felony violation of R.C. § 2903.06, 2903.07, 2903.08 or 4511.19 or a felony violation of 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 jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, 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.
(R.C. § 2929.41)
Except as otherwise provided in R.C. § 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this code of ordinances that is substantially equivalent to a provision of the Revised Code, and a court is permitted or required to suspend a person’s driver’s or commercial driver’s license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privileges for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this code of ordinances shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this code of ordinances is substantially equivalent.
(R.C. § 4510.05)