Sex Offense in Ohio

Ohio Sex Offense Tiers

The tragic 1994 rape and murder of a 7-year-old New Jersey girl is the reason sex offenders must register with the government after a conviction. Megan’s Law, as it is popularly known, requires states to gather and disclose information about convicted sex offenders. Ohio developed the Electronic Sex Offender Registration and Notification System (e-SORN) as a method for registering and tracking sex offenders in the state. In 2008, Ohio modified its sex offender registration system to adopt the new classification provisions of the Adam Walsh Act. This system of sex offense tiers allows Ohio to register and group sex offenders based on the severity of the sex crime for which they are convicted.

Three Tier System

Ohio uses a “Three Tier” system for sex offender classification. When a person is convicted of a sex crime in Ohio and is required to register as a sex offender, they will be placed into one of three Tiers. Tier level is based on the crime the person was convicted of or pleaded guilty to. Once a sex offender is placed into a Tier he or she must then follow the registration requirements of that specific Tier. The registration requirements for Ohio’s sex offense tiers are:

1. Tier 1 sex offenders must register once a year for a term of 15 years.
2. Tier 2 sex offenders must register every 180 days for a term of 25 years.
3. Tier 3 sex offenders must register every 90 days for life.

Ohio Sex Offender Tier Registration Requirements

Ohio’s sex offense Tiers are based on the severity of the crime the sex offender is convicted of or pleaded guilty to. The registration requirements of each Tier reflect this severity. In addition to mandatory registration with the County, sex offenders registered in any Tier must also immediately alert the County Sheriff to any changes in:

• Residential address;
• Place of employment;
• Enrollment in a school or place of higher education;
• Phone number;
• Volunteer work;
• Car or vehicle;
• E-mail addresses; and
• Social media and other website access information.

Sex offenders of any Tier or classification who are convicted for crimes committed after July 31, 2003 are prohibited from living within 1,000 feet of a school. Those registered as sex offenders of any Tier or classification who are convicted for crimes committed after July 1, 2007 are prohibited from living within 1,000 feet of a daycare center or preschool.

If a sex offender is classified as “Tier 3”, they are also subject to community notification. This means that whenever a Tier 3 sex offender (a) initially registers to the e-SORN system, or (b) relocates to a new address, any neighbors within a 1,250-foot radius will be notified. The e-SORN system will notify residential neighbors, schools, registered daycare providers, and law enforcement agencies.

While community notification is only required for Tier 3 sex offenders, all registered sex offenders in Ohio will be included in a searchable sex offender registry database. The sex offender’s name, photograph, sex crime of which they were guilty or pleaded guilty, and residential address will all be included in the database.

Ohio Sex Crime Tier Designations

Tier 1 Sex Offenses

1. Importuning [ORC 2907.07]
2. Unlawful Sexual Conduct with a Minor (unless the act is consensual) [ORC 2907.04 (B)(2)]
3. Voyeurism against a Minor [ORC 2907.08 (C ) & (D)]
4. Sexual Imposition [ORC 2907.06]
5. Gross Sexual Imposition [ORC 2907.05 (A)(1)-(3) (5)]
6. Illegal Use of a Minor in Nudity-oriented Material or Performance [ORC 2907.323 (A)(3)]
7. Voyeurism [ORC 2907.08 (A)(B) & (E)]
8. Child Enticement with Sexual Motivation [ORC 2905.05]

Tier 2 Sex Offenses

1. 1. Compelling Prostitution [ORC 2907.21]
   2. Pandering Obscenity Involving a Minor [ORC 2907.321]
   3. Pandering Sexually Oriented Material Involving a Minor [ORC 2907.322]
   4. Illegal Use of a Minor in Nudity-oriented Material or Performance [ORC 2907.323 (A)(1) & (2)]
   5. Child Endangering [ORC 2919.22 (B)(5)]
   6. Kidnapping with Sexual Motivation [ORC 2905.01 (A)(1)(3)(5)]
   7. Unlawful Sexual Conduct with a Minor [ORC 2907.04 (B)(1)(3)(4)]
   8. Any Sexual Offense that occurs after the offender has been classified as a Tier I sex offender.

 

Tier 3 Sex Offenses

1. Rape [ORC 2907.02]
2. Sexual Battery [ORC 2907.03]
3. Aggravated Murder with Sexual Motivation [ORC 2903.01]
4. Murder with Sexual Motivation  [ORC 2903.02]
5. Unlawful Death or Termination of Pregnancy As A Result of Committing or Attempting to Commit a Felony with Sexual Motivation [ORC 2903.04]
6. Kidnapping of Minor to Engage in Sexual Activity [ORC 2905.01(A)(4)]
7. Kidnapping of Minor, Not By a Parent [ORC 2905.01(B)]
8. Gross Sexual Imposition with a Child Under 13 [ORC 2907.05 (A)(4)]
9. Felonious Assault with Sexual Motivation [ORC 2903.11]
10. Any Sexual Offense that occurs after the offender has been classified as a Tier II sex offender

Experienced Columbus Sex Crime Defense Attorney

You should not hesitate to contact an experienced Columbus sex crime defense attorney if you have been charged with a sex crime in Ohio. Hiring an attorney to represent you is the best way to limit or reduce the potential negative consequences of a sex crime conviction. Your attorney can use information and evidence relevant to your case to fight to have the charges against you reduced or dropped.

From the moment you are arrested, the prosecution will begin to build a case against you. The sooner you contact an experienced Columbus sex crime attorney to defend you, the sooner we can begin to build your defense. The potential negative consequences of a sex crime conviction can stay with you for life. Increase your chances of limiting those negative consequences by calling our Columbus sex crime defense attorneys today.