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698.03 IMPOSING SENTENCE FOR MISDEMEANOR.
   (a)   (1)   Unless a mandatory jail term is required to be imposed by division (G) of Section 1547.99, division (B) of Section 4510.14, division (G) of Section 4511.19 of the Ohio Revised Code, or any other provision of the Ohio Revised Code a court that imposes a sentence under this Code upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most efficient way to achieve the purposes and principles of sentencing set forth in Section 2929.21 of the Ohio Revised Code.
      (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 Sections 2929.23 to 2929.28 of the Ohio Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under Sections 2929.24 to 2929.28 of the Ohio Revised Code. 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 determine whether the victim of the offense was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense and, to the extent applicable, shall proceed as follows:
         A.   If the court determines that the victim was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim’s disability, and if the offense is a misdemeanor other than a minor misdemeanor, the court shall consider that fact in favor of imposing a jail term on the offender, but that fact shall not control the decision of the court.
         B.   If the court determines that the victim was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim’s disability, the court shall consider that fact in favor of imposing a financial sanction of restitution on the offender under Section 2929.28 of the Ohio Revised Code, but that fact shall not control the decision of the court.
      (2)   In determining the appropriate sentence for a misdemeanor, in addition to complying with division (b)(1) of this section, 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 th 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.   The criminal history and character of the offender in general, in addition to the circumstances described in divisions (b)(2)B. and C. of this section.
         E.   Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (b)(2)B. and C. of this section.
      (3)   In determining the appropriate sentence for a misdemeanor, in addition to complying with divisions (b)(1) and (2) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in Section 2929.21 of the Ohio Revised Code.
   (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, 2929.26, 2929.27, and 2929.28. A court may impose the longest jail term authorized under § 698.02(b) 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 criminal offense.
   (d)   (1)   A sentencing court shall consider any relevant oral and written statement made by the victim, the victim’s representative, the victim’s attorney, if applicable, the defendant, the defense attorney, and 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 Sections 2743.51 to 2743.72 of the Ohio Revised Code.
(ORC 2929.22)
698.04 ORGANIZATIONAL PENALTIES.
   (a)   Regardless of the penalties provided in Section 698.02 hereof, 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:
  Type of Misdemeanor
Maximum Fine
First degree
$5000.00
Second degree
4000.00
Third degree
3000.00
Fourth degree
2000.00
Minor
1000.00
Misdemeanor not specifically classified
2000.00
Minor misdemeanor not specifically classified
1000.00
 
      (1)   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.
      (2)   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.
      (3)   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 provided in division (b) of this section, division (E) of Section 2929.14, or division (D) or (E) of Section 2971.03 of the Ohio Revised Code, 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 state, another state, or the United States. Except as provided in division (b)(3) 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 Section 2907.322, 2921.34, or 2923.131 of the Ohio Revised Code.
   When consecutive sentences are imposed for misdemeanor 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 eighteen months.
      (2)   If a court of this state imposes a prison term upon the offender for the commission of a felony and a court of another state or the United States also has imposed a prison term upon the offender for the commission of a felony, the court of this state may order that the offender serve the prison term it imposes consecutively to any prison term imposed upon the offender by the court of another state or the United States.
      (3)   A jail term or sentence of imprisonment imposed for a misdemeanor violation of Section 4510.11, 4510.14, 4510.16, 4510.21, or 4511.19 of the Ohio Revised Code shall be served consecutively to a prison term that is imposed for a felony violation of Section 2903.06, 2903.07, 2903.08, or 4511.19 of the Ohio Revised Code or a felony violation of Section 2903.04 of the Ohio Revised Code 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.
(ORC 2929.41)
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