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SEX OFFENDER REGISTRATION

The E-SORN (Electronic Sex Offender Registration and Notification System) was developed in response to Megan's Law, passed in 1994, which prompted the passage of 'The Jacob Wetterling Act', in addition to the Federal Crime Act.  This legal addition to existing law required all states to pass a sex offender registration and notification law.  To date, all 50 states have a sex offender registration law.

The Ohio version of Megan's Law is called the Electronic Sex Offender Registration and Notification (ESORN) law.  Ohio's law requires that all sex offenders, including those already incarcerated, be classified by their sentencing judges into one of the below classifications, each of which dictates the registration and notification requirements to which the offender is subject.  From January 1997, all convicted sex offenders have been, and continue to be, subject to the registration requirements of the law.

This law was revised on July 31, 2003, with the passage of Senate Bill 5, which developed new classifications of offenders and strengthened the current SORN Laws in Ohio.  Any person convicted of certain sex offense violations of the Ohio Revised Code or similar laws of another state may be determined by the court to be required to register as a sex offender.

The latest revision, Senate Bill 10, went into effect January 1, 2008.   Passage of this law ensured Ohio was in compliance with the recently enacted federal law called the Adam Walsh Act (AWA).  The major change in the law required the Ohio Attorney General reclassifying every current offender under the Tier system and also changed the reporting requirements for each offender.  Classifications under the Tier system are based solely on the specific crime the offender was convicted of.  Sex offenders are classified as:  1) Tier 1 Offenders, 2) Tier 2 Offenders, and 3) Tier 3 Offenders

Offender Requirements:

1.      All registered sex offenders must report at the scheduled intervals based on their classifications.  In addition, they must report any change in address within three days to the Sheriff of the county in which they reside.

2.      All registered sex offenders must report to the county Sheriff immediately upon entering the county to attend school.

3.      All registered sex offenders must register with the county Sheriff where the offender has been employed in the county for more than 14 days or for a total of 30 days or more in a calendar year, regardless of where the offender lives.

4.      All registered sex offenders must report to the county Sheriff all vehicles registered to them.

5.      All registered sex offenders must report to the county Sheriff any internet or email addresses to which they have access.

6.      All registered sex offenders must report to the county Sheriff any location where they serve as a volunteer.

Current Classifications:

1.      Tier 1 Offender

A Tier 1 offender is subject to the registration/verification requirements annually for a period of 15 years following their initial registration.  These offenders are not subject to neighborhood/community notification.  A $25.00 fee per registration may be collected by the Sheriff for a maximum of $25.00 per year.

2.      Tier 2 Offender

A Tier 2 offender is subject to registration/verification requirements every 180 days (six months) for a period of 25 years following their initial registration.  These offenders are not subject to neighborhood/community notification.  A $25.00 fee per registration may be collected by the Sheriff for a maximum of $50.00 per year.

3.      Tier 3 Offender

Offenders designated as a Tier 3 Offender are subject to registration/verification requirements every 90 days for life.  Tier 3 offenders are subject to the neighbor/community notification provision which includes all residents within a 1,000 feet radius of where the offender is residing.  A $25.00 fee per registration may be collected by the Sheriff for a maximum of $100.00 per year

Tier 3 Juvenile Offenders are now eligible to be placed on the public web site only if the Juvenile Court where the offender was classified orders that the juvenile be considered “Public Qualified”.  In addition the Court must also determine if “Community Notification” is to be made on Tier 3 Juvenile Offenders.

Due to the recent law changes, several legal challenges have been filed questioning the requirements and constitutionality of the new law.  As a result, the Wayne County Sheriff’s Office and the Ohio Attorney General have received several Temporary Restraining Orders prohibiting the new Tiers being assigned and requires the offenders to maintain their original classification until the matter is resolved in the courts. 

All Sex Offenders were previously classified in the following classifications prior to the new law taking effect:

Sexual Predator – Requires community notification and must register every 90 days for life.

Habitual Sex Offender – Only allows community notification if specifically ordered by the sentencing court and must register once a year for 20 years.

Sexually Oriented Offender – Does not permit community notification and must register once a year for 10 years.

Child-Victim Oriented Offender – Does not permit community notification and must register once a year for 10 years.

Habitual Child-Victim Offender – Only allows community notification if specifically ordered by the sentencing court and must register once a year for 20 years.

 Child-Victim Predator – Requires community notification and must register every 90 days for life.

 

For specific information on sex offender registration, refer to the Ohio Revised Code, section 2950.

OHIO OFFENSE TIERS

Tier 1

Tier 2

Tier 3


2907.07
Importuning

2907.04 
Unlawful Sexual Conduct with a Minor, non-consensual and offender less than 4 years older than victim, not previously convicted of 2907.02, 2907.03, or 2907.04, or former 2907.12 (FSP)**

2907.08
Voyeurism

2907.06
Sexual Imposition

2907.05 (A)(1)-(3), (5)
Gross Sexual Imposition

2907.323 (A)(3)
Illegal Use of a Minor in Nudity-oriented Material or performance

2905.05 (B)
Child Enticement with sexual motivation {new under SB 10}

2907.32
Pandering Obscenity

2903.211 (A)(3)
Menacing by Stalking with sexual motivation {new under SB 10}

2905.03 (B)
Unlawful Restraint with sexual motivation {new under SB 10}

Includes an attempt, complicity or conspiracy to commit any of these offenses.

Child-victim offenders not in Tier II or Tier III.


2907.21
Compelling Prostitution

2907.321
Pandering Obscenity Involving a Minor

2907.322
Pandering Sexual Oriented Material Involving a Minor

2907.323 (A)(1) and (2)
Illegal Use of a Minor in Nudity-oriented Material or Performance

2907.04
When offender is at least 4 years older; or when the offender is less than 4 years older and has prior conviction for 2907.02, 2907.03, 2907.04, or former 2907.12 (FSP)

2907.05 (A)(4)
Gross Sexual Imposition victim under 13

2919.22 (B)(5)
Child Endangering

2905.01 (A)(1)-(3), (5)
Kidnapping with sexual Motivation

2905.01 (A)(4)
Kidnapping victim over 18

2905.02 (B)
Abduction with sexual motivation {new under SB 10}

Any sexual offense that occurs after the offender has been classified as a Tier I offender.

Includes an attempt, complicity or conspiracy to commit any of these offenses.

Pre-AWA Habitual offenders, unless re-classified after hearing under ORC 2950.031 or 2950.032


2907.02
Rape

2907.03
Sexual Battery

2903.01
Aggravated Murder with sexual motivation

2903.02
Murder with sexual motivation

2904.04 (A)
Unlawful Death or termination of pregnancy as a result of committing or attempting to commit a felony with sexual motivation

2905.01 (A)(4)
Kidnapping of minor to engage in sexual activity

2905.01 (B)
Kidnapping of minor, not by parent

2907.05 (B)
{New section of GSI}

2903.11
Felonious Assault with sexual motivation

Pre-AWA predators unless re-classified after hearing under ORC 2950.031 or 2950.032

Any sexual offense that occurs after the offender is classified as a Tier II or Tier III offender.

Automatic classification after SVP specification 2971.03

Includes an attempt, complicity or conspiracy to commit any of these offenses.

* Any law from another jurisdiction that is comparable to these offenses shall fall within that same tier.
** This offense should be removed in the future.

    

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