Ohio — Statute

Sexually Violent Predator Specification May Be Determined by Court or Jury | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law permits defendants to choose whether a court or jury determines the sexually violent predator designation in sex offense cases.

Legal Content

Sexually Violent Predator Specification May Be Determined by Court or Jury

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law allows a defendant in certain sex offense cases to choose whether a court or jury determines the sexually violent predator (SVP) designation. If the defendant opts for the court to decide, the court conducts the SVP determination after a guilty verdict. Otherwise, the jury makes the SVP decision following the guilty verdict on the offense and related sexual motivation specifications.

Frequently Asked Questions

Can a defendant in Ohio choose whether a court or jury determines the SVP designation?

Yes, if a sexually violent predator specification is included, the defendant can elect to have the court or the jury decide the SVP status.

What happens if the defendant does not elect who determines the SVP designation?

If the defendant does not choose, the jury will determine the SVP designation after the verdict on the underlying offense.

When is the SVP determination made in Ohio criminal cases?

The SVP determination occurs after a guilty verdict on the offense, either by the court or jury, depending on the defendant's election.

Does the law specify procedures for the court to determine SVP status?

Yes, if the court is to decide, it conducts a proceeding to determine whether the defendant qualifies as a sexually violent predator after conviction.

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In simple terms: Ohio law permits defendants to choose whether a court or jury determines the sexually violent predator designation in sex offense cases.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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