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Ohio Statutes, Title 29

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Title 29, Title 29. Crimes-Procedure

36 chapters · 1,154 sections in this title.

All chapters in Title 291,154 Ch 2941, Chapter 2941 | Indictment87 Ch 2945, Chapter 2945 | Trial83 Ch 2929, Chapter 2929 | Penalties and Sentencing53 Ch 2933, Chapter 2933 | Peace Warrants; Searc…53 Ch 2919, Chapter 2919 | Offenses Against the …52 Ch 2923, Chapter 2923 | Conspiracy, Attempt, …50 Ch 2937, Chapter 2937 | Preliminary Examinati…49 Ch 2907, Chapter 2907 | Sex Offenses46 Ch 2953, Chapter 2953 | Appeals; Other Postco…43 Ch 2903, Chapter 2903 | Homicide and Assault40 Ch 2935, Chapter 2935 | Arrest, Citation, and…39 Ch 2913, Chapter 2913 | Theft and Fraud36 Ch 2930, Chapter 2930 | Victim's Rights35 Ch 2949, Chapter 2949 | Execution of Sentence35

87 sections·Filtered byTitle 29✕Ch 2941✕

Ohio Rev. Code Ann. § 2941.01 Indictment definitions
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The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2941. of the Revised Code.
Ohio Rev. Code Ann. § 2941.02 Indictment processes apply to informations
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All sections of the Revised Code which apply to prosecutions upon indictments, the process thereon, and the issuing and service thereof, to commitments, bails, motions, pleadings, trials, appeals, and punishments, to the execution of any sentence, and all other proceedings in cas…
Ohio Rev. Code Ann. § 2941.021 Offenses prosecuted by information
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Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the common pleas court by the prosecuting attorney if the defendant, after he has been advised by the court of the nature of the charge against him and of his righ…
Ohio Rev. Code Ann. § 2941.03 Sufficiency of indictment or information
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An indictment or information is sufficient if it can be understood therefrom:(A) That it is entitled in a court having authority to receive it, though the name of the court is not stated;(B) If it is an indictment, that it was found by a grand jury of the county in which the cour…

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Ohio Rev. Code Ann. § 2941.04 Two or more offenses in one indictment or information

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An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more indictm…

Ohio Rev. Code Ann. § 2941.05 Statement that accused has committed some public offense

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In an indictment or information charging an offense, each count shall contain, and is sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified. Such statement may be made in ordinary and concise language without any …

Ohio Rev. Code Ann. § 2941.06 Form of indictment

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An indictment may be substantially in the following form:"The State of Ohio,)ss.___________ County)In the Year _______The jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State …

Ohio Rev. Code Ann. § 2941.07 Bill of particulars

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Upon written request of the defendant made not later than five days prior to the date set for trial, or upon order of the court, the prosecuting attorney shall furnish a bill of particulars setting up specifically the nature of the offense charged and the conduct of the defendant…

Ohio Rev. Code Ann. § 2941.08 Defects which do not affect validity of indictment or information

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An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected:(A) By the omission of "with force and arms," or words of similar import, or "as appears by the record";(B) For omitting to state the time at which the of…

Ohio Rev. Code Ann. § 2941.09 Identification of group, association, or corporation

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In any indictment or information it is sufficient for the purpose of identifying any group or association of persons, not incorporated, to state the proper name of such group or association, to state any name or designation by which the group or association has been or is known, …

Ohio Rev. Code Ann. § 2941.10 Indictment failing to negative any exception, excuse, or proviso contained in statute

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No indictment or information for any offense created or defined by statute is objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made is an allegation that…

Ohio Rev. Code Ann. § 2941.11 Allege prior conviction

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Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of the offense, or st…

Ohio Rev. Code Ann. § 2941.12 Pleading a statute or right derived therefrom

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In pleading a statute or right derived therefrom it is sufficient to refer to the statute by its title, or in any other manner which identifies the statute. The court must thereupon take judicial notice of such statute.

Ohio Rev. Code Ann. § 2941.13 Pleading a judgment or other determination

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In pleading a judgment or other determination of, or a proceeding before, any court or officer, civil or military, it is not necessary to allege the fact conferring jurisdiction on such court or officer. It is sufficient to allege generally that such judgment or determination was…

Ohio Rev. Code Ann. § 2941.14 Indictment for aggravated murder, murder, or voluntary or involuntary manslaughter - specifications

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(A) In an indictment for aggravated murder, murder, or voluntary or involuntary manslaughter, the manner in which, or the means by which the death was caused need not be set forth.(B) Imposition of the death penalty for aggravated murder is precluded unless the indictment or coun…

Ohio Rev. Code Ann. § 2941.141 Firearm on or about offender's person or under offender's control specification

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(A) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on …

Ohio Rev. Code Ann. § 2941.1410 Major drug offender specification

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(A) Except as provided in sections 2925.03 and 2925.11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offen…

Ohio Rev. Code Ann. § 2941.1411 Offender wore or carried body armor specification

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(A) Imposition of a two-year mandatory prison term upon an offender under division (B)(1)(d) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender wore or carried body ar…

Ohio Rev. Code Ann. § 2941.1412 Discharged firearm at peace officer or corrections officer specification

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(A) Imposition of a seven-year mandatory prison term upon an offender under division (B)(1)(f) (i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender discharged a fire…

Ohio Rev. Code Ann. § 2941.1413 Mandatory additional prison term for felony OVI violation precluded unless charging instrument specifies prior convictions

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(A) Imposition of a mandatory additional prison term of one, two, three, four, or five years upon an offender under division (G)(2) of section 2929.13 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging a felony violation of di…

Ohio Rev. Code Ann. § 2941.1414 Peace officer victim of aggravated vehicular homicide specification

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(A) Imposition of a five-year mandatory prison term upon an offender under division (B)(5) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to violating division (A)(1) or (2) of section 2903.06 of the Revised Code and unles…

Ohio Rev. Code Ann. § 2941.1415 Multiple OVI violations specification

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(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(6) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to violating division (A)(1) or (2) of section 2903.06 of the Revised Code and unle…

Ohio Rev. Code Ann. § 2941.1417 Property subject to forfeiture - indictment specifications

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(A) Property is not subject to forfeiture in a criminal case unless the indictment, count in the indictment, or information charging the offense specifies, to the extent it is reasonably known at the time of filing, the nature and extent of the alleged offender's interest in the …

Ohio Rev. Code Ann. § 2941.1418 Rape - offender age specification

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(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years upon an offender pursuant to division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the Revised Code is precluded unless the offender is conv…

Ohio Rev. Code Ann. § 2941.1419 Rape - victim age specification

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Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code is precluded unless the offender is convicte…

Ohio Rev. Code Ann. § 2941.142 Criminal gang participation specification

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(A) Imposition of a mandatory prison term of one, two, or three years pursuant to division (G) of section 2929.14 of the Revised Code upon an offender who committed a felony that is an offense of violence while participating in a criminal gang is precluded unless the indictment, …

Ohio Rev. Code Ann. § 2941.1420 Rape - previous conviction or serious physical harm specification

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(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the Revised Code is precluded unless the offender is c…

Ohio Rev. Code Ann. § 2941.1421 School proximity specification for certain sex offenses

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(A) Imposition of an additional prison term of one, two, three, four, five, or six months under division (H)(2)(a)(i) of section 2929.14 of the Revised Code, an additional prison term of one, two, three, four, five, six, seven, eight, nine, ten, eleven, or twelve months under div…

Ohio Rev. Code Ann. § 2941.1422 Mandatory prison term - furtherance of human trafficking

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(A) Imposition of a mandatory prison term under division (B)(7) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of sect…

Ohio Rev. Code Ann. § 2941.1423 Mandatory prison term - pregnancy known to offender

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Imposition of a mandatory prison term under division (B)(8) of section 2929.14 of the Revised Code or a mandatory jail term under division (E) of section 2929.24 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of section 2903.1…

Ohio Rev. Code Ann. § 2941.1424 Specification of violent career criminal

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(A) The imposition of a mandatory prison term of two, three, four, five, six, seven, eight, nine, ten, or eleven years upon an offender under division (K) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to committing a viol…

Ohio Rev. Code Ann. § 2941.1425 Use of accelerant in committing violent felony

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(A) Imposition of a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and unless the indictment, coun…

Ohio Rev. Code Ann. § 2941.1426 Imposition of mandatory sentence under R.C. 2929.14

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(A) Imposition of a mandatory prison term of six years upon an offender under division (B)(10) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A) of section 2903.11 of the Revised Code and unless…

Ohio Rev. Code Ann. § 2941.143 Offense in school safety zone or towards a person in school safety zone specification

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Imposition of a sentence by a court pursuant to division (H) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging aggravated murder, murder, or a felony of the first, second, or third degree that is an offense…

Ohio Rev. Code Ann. § 2941.144 Automatic firearm or firearm muffler or suppressor specification

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(A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a)(i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that i…

Ohio Rev. Code Ann. § 2941.145 Firearm displayed, brandished, indicated that offender possessed the firearm, or used it to facilitate offense specification

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(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) (ii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on…

Ohio Rev. Code Ann. § 2941.146 Firearm discharged from motor vehicle specification

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(A) Imposition of a mandatory five-year prison term upon an offender under division (B)(1)(c) (i) of section 2929.14 of the Revised Code for committing a violation of section 2923.161 of the Revised Code or for committing a felony that includes, as an essential element, purposely…

Ohio Rev. Code Ann. § 2941.147 Sexual motivation specification

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(A) Whenever a person is charged with an offense that is a violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code, a violation of division (A) of section 2903.04 of the Revised Code, an attempt to violate or complicity in violating section 2903.01, 2903.02…

Ohio Rev. Code Ann. § 2941.148 Sexually violent predator specification

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(A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded unless one of the following applies: (a) The offender is charged with a violent sex offense, and the indictment, count in the indictment, or information charging the violent sex offense also i…

Ohio Rev. Code Ann. § 2941.149 Repeat violent offender specification

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(A) The determination by a court that an offender is a repeat violent offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a repeat violent offender. The specification shall be stated at the end …

Ohio Rev. Code Ann. § 2941.15 Sufficiency of indictment or information for forgery

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In an indictment or information for falsely making, altering, forging, printing, photographing, uttering, disposing of, or putting off an instrument, it is sufficient to set forth the purport and value thereof. Where the instrument is a promise to pay money conditionally, it is n…

Ohio Rev. Code Ann. § 2941.16 Description of forgery materials sufficient

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In an indictment or information for engraving or making the whole or part of an instrument, matter, or thing, or for using or having the unlawful custody or possession of a plate or other material upon which the whole or part of an instrument, matter, or thing was engraved or mad…

Ohio Rev. Code Ann. § 2941.17 Description of writing by usual name or purport

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In all cases when it is necessary to make an averment in an indictment or information as to a writing, instrument, tool, or thing, it is sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof.

Ohio Rev. Code Ann. § 2941.18 Perjury or falsification allegations

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In an indictment or information for perjury or falsification, it is not necessary to set forth any part of a record or proceeding, or the commission or authority of the court or other authority before which perjury or falsification was committed.

Ohio Rev. Code Ann. § 2941.19 Allegations involving intent to defraud

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It is sufficient in an indictment or information where it is necessary to allege an intent to defraud, to allege that the accused did the act with intent to defraud, without alleging an intent to defraud a particular person or corporation. On the trial of such an indictment or in…

Ohio Rev. Code Ann. § 2941.20 Allegations involving sale, possession, transportation, buying, or giving intoxicating liquor

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An indictment, information, or affidavit charging a violation of law relative to the sale, possession, transportation, buying, or giving intoxicating liquor to any person, need not allege the kind of liquor sold, nor the person by whom bought except that such charge must be suffi…

Ohio Rev. Code Ann. § 2941.21 Allegations involving property belonging to partners or joint owners

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In an indictment or information for an offense committed upon, or in relation to, property belonging to partners or joint owners, it is sufficient to allege the ownership of such property to be in such partnership by its firm name, or in one or more of such partners or owners wit…

Ohio Rev. Code Ann. § 2941.22 Allegations involving ownership or value of will, codicil, or other testamentary instrument

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In an indictment or information for stealing a will, codicil, or other testamentary instrument, or for forgery thereof, or, for a fraudulent purpose, keeping, destroying, or secreting it, whether in relation to real or personal property, or during the life of a testator or after …

Ohio Rev. Code Ann. § 2941.23 Allegations involving elections

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In an indictment or information for an offense committed in relation to an election, it is sufficient to allege that such election was authorized by law, without stating the names of the officers holding it or the person voted for or the offices to be filled at the election.

Ohio Rev. Code Ann. § 2941.25 Allied offenses of similar import - multiple counts

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(A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information may contain counts for all such offenses, but the defendant may be convicted of only one.(B) Where the defendant's conduct constitut…