Collateral Consequences of a Sex Crime in Ohio

People know that their lives have been dramatically altered as soon as they learn that they are even suspected for an alleged sex crime. A conviction for a sex offense in Ohio can only add to the possible complications to a person’s life.

Crimes that are sexual in nature are prosecuted more aggressively, and tough penalties are often sought for the alleged offenders in these cases. The state’s efforts to make people pay for allegedly committing these crimes can often mean that a person is still dealing with some consequence of a conviction even after they have served a prison sentence and paid a fine.

Sex Crime Defense Lawyers in Columbus, OH | Sabol | Mallory

If you were arrested or think that you could be under investigation for a sex crime in the greater Columbus area, you should exercise your right to remain silent until you have legal representation. Even when you know that you did nothing wrong, a misstatement can easily be used against you and may be very damaging. Let Sabol | Mallory assist you in dealing with all questions from police so we can protect your rights. Call (614) 300-5088 or contact us online to receive a free consultation.

Sex Offender Registration in Ohio

The Electronic Sex Offender Registration and Notification System (e-SORN) was developed in response to the 1994 passage of Megan’s Law, and all 50 states have a sex offender registration law. Any person convicted of certain sex offense violations may be required to register as a sex offender. Classifications under the Tier system in Ohio are based solely on the specific crime the offender was convicted of. Ohio has three sex offender tier classifications:

• Tier I Offender — A Tier I offender is subject to the registration and verification requirements annually for a period of 15 years following their initial registration but are not subject to neighborhood or community notification. Tier I offenses include importuning, unlawful sexual conduct with a minor (non-consensual and offender less than 4 years older than victim, no prior conviction), voyeurism, sexual imposition, gross sexual imposition, illegal use of a minor in nudity-oriented material or performance, child enticement with sexual motivation, pandering obscenity, menacing by stalking with sexual motivation, or unlawful restraint with sexual motivation.

• Tier II Offender — A TIER II offender is subject to registration and verification requirements every 180 days (six months) for a period of 25 years following their initial registration and are not subject to neighborhood or community notification. Tier II offenses include compelling prostitution, pandering obscenity involving a minor, pandering sexual oriented material involving a minor, illegal use of a minor in nudity-oriented material or performance, gross sexual imposition victim under 13, child endangering, kidnapping with sexual motivation, kidnapping victim over 18, or abduction with sexual motivation.

• Tier III Offender — A TIER III Offender is subject to registration and verification requirements every 90 days for life and is subject to the neighbor or community notification provision, which includes all residents within a 1,000 feet radius of where the offender is residing. Tier III offenses include Rape, Sexual Battery, Aggravated Murder with sexual motivation, Murder with sexual motivation, Unlawful Death or termination of pregnancy as a result of committing or attempting to commit a felony with sexual motivation, Kidnapping of minor to engage in sexual activity, Kidnapping of minor, not by parent, or Felonious Assault with sexual motivation.

Public mailings occur with sex offenders classified as Tier III, and public mailings are sent out in a radius of 1250 feet from the address of the listed offender, unless the offender has a court ordered stay of notification. All offenders have to register anytime they have a change in any of their information, such as their address, employment, education schedule, vehicle(s) or telephone number(s) volunteer work, or internet access information. All registered sex offenders must:

• report at the scheduled intervals based on their classifications.

• report any change in address within three days to the Sheriff of the county in which they reside.

• report to the county Sheriff immediately upon entering the county to attend school.

• 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 resides.

• report all vehicles registered to them to the county Sheriff.

• report to the county Sheriff all internet or email addresses to which they have access.

• report to the county Sheriff any location where they serve as a volunteer.

Other Collateral Consequences of a Sex Crime Conviction in Ohio

A number of other consequences are written into Ohio state law. Provisions of the Ohio Revised Code providing certain penalties include:

• Ohio Revised Code § 2961.01(A)(1) — Felony sex crime convictions result in people being incompetent to be an elector or juror or hold an office of honor, trust, or profit.
• Ohio Revised Code § 2961.01(B) — Felony sex crime convictions result in people being incompetent to circulate or serve as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition.
• Ohio Revised Code § 2923.13(A)(2) — Convictions for felony sex offenses that are also crimes of violence result in people losing their right to acquire, have, carry, or use any firearm or dangerous ordnance.

• 42 U.S. Code § 1437d — Loss of public housing benefits for any felony sex crime conviction.

• 10 U.S. Code § 504(a) — People convicted of felony offenses are prohibited from enlisting in any branch of the Armed Forces of the United States.

• Ohio Revised Code § 109.77 — Sex crime convictions result in people becoming ineligible for employment as law enforcement officers in Ohio.

• Ohio Revised Code § 3319.292 — The State Board of Education of Ohio may refuse to issue licenses or suspend or revoke licenses already issued for criminal convictions.

• Ohio Revised Code § 2111.03 — Applicants for appointment as guardians must disclose convictions for sex crimes and convictions may result in them being disqualified.

• Ohio Revised Code § 2151.86 — People convicted of sex crimes are ineligible to be foster caregivers.

Columbus, OH Collateral Consequences of a Sex Crime Conviction Resources

Sex Offender Registry | Franklin County Sheriff | Franklin County, Ohio — Visit the official website for the sex offender registry in Franklin County. You can perform a sex offender search. You can also learn more about e-SORN.

Collateral Consequences of Criminal Conviction in Ohio — View the full text of a research report funded by the Ohio Office of Criminal Justice Service. The authors found that “Ohio law—through constitutional provisions, statutes, administrative regulations, and court rules—imposes hundreds of collateral consequences on persons who have been convicted of criminal offenses, regardless of whether the conviction was obtained by plea or trial and regardless of the jurisdiction in which the conviction occurred.” The report includes various tables, prior research on collateral consequences, and results to a survey conducted by the authors.

Civil Impacts of Criminal Convictions under Ohio Law (CIVICC) — CIVICC is a project of the Ohio Justice & Policy Center and the Office of the Ohio Public Defender that identifies itself as Ohio’s online database about the civil impact of criminal convictions. You can search by civil impact or the offense keyword or Ohio Revised Code section. The website also has answers to frequently asked questions.

Contact a Columbus Sex Crime Defense Attorney Today

Were you arrested for an alleged sex crime or do you believe that you might be under investigation for a sex offense in Columbus? Resist the urge to explain yourself and instead immediately contact Sabol | Mallory Our firm will immediately commence an independent investigation and then work strenuously to help you achieve the best possible outcome to your case. We can discuss all of your legal options when you call (614) 300-5088 or contact us online to set up a free consultation.