2006 Ohio Revised Code - 2901.02. Classification of offenses.

§ 2901.02. Classification of offenses.
 

As used in the Revised Code: 

(A) Offenses include aggravated murder, murder, felonies of the first, second, third, fourth, and fifth degree, misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified. 

(B) Aggravated murder when the indictment or the count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of Revised Code, and any other offense for which death may be imposed as a penalty, is a capital offense. 

(C) Aggravated murder and murder are felonies. 

(D) Regardless of the penalty that may be imposed, any offense specifically classified as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor. 

(E) Any offense not specifically classified is a felony if imprisonment for more than one year may be imposed as a penalty. 

(F) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty. 

(G) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following: 

(1) For an offense committed prior to the effective date of this amendment, a fine not exceeding one hundred dollars; 

(2) For an offense committed on or after the effective date of this amendment, a fine not exceeding one hundred fifty dollars, community service under division (C) of section 2929.27 of the Revised Code, or a financial sanction other than a fine under section 2929.28 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 7-1-83); 140 v H 380 (Eff 4-3-84); 146 v S 2. Eff 7-1-96; 149 v H 490, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of HB 490. 

Not analogous to former RC § 2901.02 (RS §§ 6808, 6809; S&S 268; S&C 401; 33 v 33; 60 v 17; 93 v 223; GC § 12401; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, added "one of the following" to the introductory language of (G); and added (G)(1) and (G)(2). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section classifies offenses into two degrees of murder, four degrees each of felony and misdemeanor, minor misdemeanors, and offenses not specifically classified. The purpose of the classification is to permit a high level of flexibility in characterizing offenses and assessing penalties for their violation according to their comparative seriousness. 

Also, the section is intended to preserve a distinction between felonies and misdemeanors, and in some measure to integrate into the new code existing offenses which will retain the former penalty scheme. 

 

Ohio Rules

Definition of offenses, CrimR 2.