Sex Offender Registration and Notification Law Updates

Sexually Oriented Offenses (listed at O.R.C. 29501.01(D)) – new qualifying offenses:

• Sexual Imposition (O.R.C. 2907.06).
• Any Importuning (O.R.C. 2907.07) – previously, only .07(D) and (E) qualified.
• Voyeurism (O.R.C. 2907.08).

Habitual Sex Offender (defined at O.R.C. 2950.01(B))

• Offender previously guilty of or pleaded to a sexually oriented , or child-victim oriented offense.
• Must register for 20 years (unless a judge removes this classification for juvenile offender).

Sexual Predator (defined at O.R.C. 2950.01(E))

• Offender who is adult, or juvenile age 14 or older, and who is adjudicated as likely to engage in future sexually oriented offenses.
• Includes resident offenders, convicted and required to register for life in another state for sexually oriented offense, and offenders from other states with employment or education in Ohio.
• Sexually Violent Predators adhere to same law as Sexual Predators.
• Must register until death (unless a judge removes this classification for juvenile offender).

Child-Victim Oriented Offense (NEW CATEGORY, defined at O.R.C. 2950.01(R))

• Victim is under age of 18 and is not the child of the offender.
• If Offender is age 18 or older, qualifying offenses are: Kidnapping (but not kidnapping to engage in sexual activity), Abduction, Unlawful Restraint, Criminal Child Enticement, and the former offense of Child stealing.
• If Offender is under age 18, qualifying offenses are: Kidnapping (but not kidnapping to engage in sexual activity), or violation of the former offense of Child stealing.

Habitual Child-Victim Offender (NEW CATEGORY, defined at O.R.C. 2950.01(T))

• Adult, or juvenile age 14 or older, Offender previously guilty of or pleaded to child-victim oriented offense, for which offender was classified a child-victim oriented offender or out-of-state child-victim oriented offender registrant.
• Must register for 20 years (unless a judge removes this classification for juvenile offender).

Child-Victim Predator (NEW CATEGORY, defined at O.R.C. 2950.01(U))

• Adult, or juvenile age 14 or older, Offender, who is additionally adjudicated as likely to engage in future child-victim oriented offenses.
• Must register until death (unless a judge removes this classification for juvenile offender).

Presumptively Registration-Exempt Offenses (NEW CATEGORY, listed at O.R.C. 2950.01(P))

• Only applies to Offender with no previous conviction or adjudication for sexually oriented or child-victim oriented offense.
• Only where first offense is either: Sexual imposition, Voyeurism, or Menacing by Stalking (with sexual motivation), and the victim of the offense is age 18 or older.
• The sentencing court may still determine that an Offender must register for any of these offenses, even if presumptively registration-exempt. Otherwise, these offenders are not required to register.

Offender Registration Changes:

• Offender must now register residence information with county sheriff within five (previously seven) days of arrival, if staying for more than five days.
• Offender must now register personally with the county sheriff immediately upon entering the county to attend school.
• Offender must now register personally with the county sheriff where Offender has been employed in the county for more than fourteen days, or for a total of 30 days or more in a calendar year, regardless of where Offender lives.
• Offender must now register with appropriate person of another state upon entering that state where Offender attends school, or is employed for more than fourteen days or a total of 30 days in a calendar year.
• Required registration information changes:
  • Offender must now provide name and address of his/her school.
  • Registrant must provide employer’s name and address if employed for more than 14 days or for an aggregate of 30 days or more in a calendar year.
  • The labels of Sexual Predator and Habitual Sex Offender cannot be removed (unless Offender is a delinquent child, and juvenile judge orders label removed).
  • Offender must declare that he/she was found guilty of an aggravated sexually oriented offense of a child-victim oriented offense.

Offender Residence Limitation (NEW, O.R.C. 2950.031)

• Persons convicted of or pleading to a sexually oriented offense of a child-victim oriented offense may not reside within 1000 feet of any school premises.

Sheriffs:

• Must inform previously registered offenders within county of new law, within 90 days of law taking effect (failure to notify does not relieve Offender of any registration duties).
• Must inform victim if victim makes a request to be notified of a sexually oriented offender’s, or child-victim oriented offender’s, registration information.
• Must provide notice to the following (timing varies between 5-7 days depending on case):
  • Residence and property owners/managers within 1000 feet of Offender’s residence.
  • Executive Director of the county public children services agency.
  • Superintendent of each board of education of a school district.
  • Principal and superintendent of school that delinquent child Offender attends.
  • Appointing or hiring officer of each chartered nonpublic school in sheriff’s county.
  • Appointing or hiring officer of each chartered nonpublic school that delinquent child Offender attends, regardless of location of school.
  • Chief administrator or each preschool and day-care in county.
  • President of chief administrative officer of a university and chief law enforcement officer of state university within sheriff’s county.
  • All county sheriffs within specified geographical notification area and each constable, chief of police, or police district force of township, where Offender resides.