Sexually Violent Predator

If you find yourself subject to enhanced penalties as a Sexually Violent Predator under R.C. 2971.02, it is crucial to seek the guidance of an experienced Lisbon sex crimes attorney.

In cases where the indictment or information charges the defendant with a sexually violent offense, as defined in R.C. 2971.01(G), along with a specification under R.C. 2941.148 that identifies the defendant as a sexually violent predator, a determination of guilt regarding both the sexually violent offense and the sexually violent predator specification will result in the imposition of enhanced sentencing requirements as outlined in R.C. 2971.03.

Under R.C. 2971.02, the defendant has the option to choose whether the court or the jury determines their status as a sexually violent predator. If the defendant does not elect to have the court determine the R.C. 2941.148 specification, they shall face trial before a jury for the sexually violent offense. If found guilty, they will then face a separate trial before a jury for the sexually violent predator specification.

It is important to note that the sexually violent predator specification is applicable only to sexually violent offenses committed on or after January 1, 1997.

Sexually Violent Predator Designation in Lisbon, OH

When a defendant is found guilty of a specified sexually violent offense, the jury is tasked with deciding if the defendant should be designated as a sexually violent predator. This determination is made if the charging document specifies that the defendant falls under this designation. However, before the jury can reach this conclusion, they must establish beyond a reasonable doubt that the defendant has previously been convicted or pleaded guilty to a sexually violent offense and is likely to engage in future sexually violent offenses.

For the purposes of this designation, a “sexually violent offense” is defined as a violent sex offense, or a designated homicide, assault, abduction, or kidnapping offense for which the offender was also convicted or pleaded guilty to a sexual motivation specification.

Engagement in Sexually Violent Offenses: Likelihood Assessment

To determine the likelihood of the defendant engaging in future sexually violent offenses, the following factors may be considered as evidence:

• Whether the defendant has multiple prior convictions for sexually oriented or child-victim-oriented offenses, excluding those that stem from the same act or offenses committed simultaneously
• Whether there is a documented history of sexually deviant behavior from childhood through the juvenile developmental years
• Whether available information suggests a pattern of chronically committing offenses with sexual motivations
• Whether the defendant has committed offenses involving torture or ritualistic acts towards victims
• Whether the defendant has committed offenses resulting in severe physical harm endangering the lives of victims

Additionally, any other pertinent evidence can be taken into account.

It is important to note that a conviction that has been set aside pursuant to law is not considered a conviction when determining if the defendant is a sexually violent predator, as stipulated by R.C. 2971.01(H)(2)(a).

For jury instructions regarding sexually violent predators, please refer to 2 OJI-CR 507.71, applicable to offenses committed on and after January 1, 1997, with revisions as of May 7, 2011.