Ohio Code § 2971.02

Ohio Code § 2971.02. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2971.02.

In any case in which a sexually violent predator specification is included in the

indictment, count in the indictment, or information charging a violent sex offense

or a designated homicide, assault, or kidnapping offense and in which the defendant

is tried by a jury, the defendant may elect to have the court instead of the jury

determine the sexually violent predator specification. If the defendant does not elect to have the court determine the sexually violent predator

specification, the defendant shall be tried before the jury on the charge of the offense

and, if the offense is a designated homicide, assault, or kidnapping offense, on the

sexual motivation specification that is included in the indictment, count in the indictment,

or information charging the offense.  Following a verdict of guilty on the charge of the offense and, if the offense is

a designated homicide, assault, or kidnapping offense, on the related sexual motivation

specification, the defendant shall be tried before the jury on the sexually violent

predator specification. If the defendant elects to have the court determine the sexually violent predator

specification, the defendant shall be tried before the jury on the charge of the offense

and, if the offense is a designated homicide, assault, or kidnapping offense, on the

sexual motivation specification that is included in the indictment, count in the indictment,

or information charging the offense.  Following a verdict of guilty on the charge of the offense and, if the offense if

a designated homicide, assault, or kidnapping offense, on the related sexual motivation

specification, the court shall conduct a proceeding at which it shall determine the

sexually violent predator specification.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2971.02
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 2971.02?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 2971.02 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 2971.02 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.