Ohio law 2941.141 requires explicit indictment language for firearm-related mandatory prison terms and clarifies its application in adult and juvenile cases.
Ohio Revised Code 2941.141 specifies that a mandatory one-year prison term is only imposed if an indictment or information explicitly states that the offender had a firearm on or about their person or under their control during the offense. The law also clarifies that this specification cannot be used if the court imposes a longer mandatory sentence for the same felony. Additionally, the section applies to juvenile proceedings and defines 'firearm' as per section 2923.11.
A firearm specification is required if the offender had a firearm on or about their person or under their control during the offense, and it must be explicitly stated in the indictment or related charging documents.
No, the law precludes imposing the mandatory one-year sentence unless the indictment or information specifies the firearm possession during the offense.
Yes, the firearm specification can be used in delinquent child proceedings as described in section 2152.17 of the Ohio Revised Code.
The term 'firearm' has the same meaning as in section 2923.11 of the Ohio Revised Code, typically including any device designed to expel a projectile by the action of an explosive.
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In simple terms: Ohio law 2941.141 requires explicit indictment language for firearm-related mandatory prison terms and clarifies its application in adult and juvenile cases.. This means people must follow this rule, and breaking it can lead to criminal penalties.