Ohio Rev. Code § 2941.01
Indictment definitions.
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2941. of the Revised Code.
Chapter 2941 | Indictment
Ohio · statute · Ohio Rev. Code ch. 2941 · 87 active provisions
Ohio Rev. Code § 2941.02
Indictment processes apply to informations.
All sections of the Revised Code which apply to prosecutions upon indictments, the process thereon, and the issuing and service thereof, to commitments, bails, motions, pleadings, trials, appeals, and punishments, to the execution of any sentence, and all other proceedings in cases of indictments whether in the court o…
Ohio Rev. Code § 2941.021
Offenses prosecuted by information.
Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the common pleas court by the prosecuting attorney if the defendant, after he has been advised by the court of the nature of the charge against him and of his rights under the constitution, is represente…
Ohio Rev. Code § 2941.03
Sufficiency of indictment or information.
An indictment or information is sufficient if it can be understood therefrom:(A) That it is entitled in a court having authority to receive it, though the name of the court is not stated;(B) If it is an indictment, that it was found by a grand jury of the county in which the court was held, or if it is an information,…
Ohio Rev. Code § 2941.04
Two or more offenses in one indictment or information.
An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more indictments or informations are filed in such c…
Ohio Rev. Code § 2941.05
Statement that accused has committed some public offense.
In an indictment or information charging an offense, each count shall contain, and is sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified. Such statement may be made in ordinary and concise language without any technical averments or any allegations n…
Ohio Rev. Code § 2941.06
Form of indictment.
An indictment may be substantially in the following form:"The State of Ohio,)ss.___________ County)In the Year _______The jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that A.B.,…
Ohio Rev. Code § 2941.07
Bill of particulars.
Upon written request of the defendant made not later than five days prior to the date set for trial, or upon order of the court, the prosecuting attorney shall furnish a bill of particulars setting up specifically the nature of the offense charged and the conduct of the defendant which is alleged to constitute the offe…
Ohio Rev. Code § 2941.08
Defects which do not affect validity of indictment or information.
An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected:(A) By the omission of "with force and arms," or words of similar import, or "as appears by the record";(B) For omitting to state the time at which the offense was committed, in a case in which…
Ohio Rev. Code § 2941.09
Identification of group, association, or corporation.
In any indictment or information it is sufficient for the purpose of identifying any group or association of persons, not incorporated, to state the proper name of such group or association, to state any name or designation by which the group or association has been or is known, to state the names of all persons in suc…
Ohio Rev. Code § 2941.10
Indictment failing to negative any exception, excuse, or proviso contained in statute.
No indictment or information for any offense created or defined by statute is objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made is an allegation that no legal excuse for the doing of the ac…
Ohio Rev. Code § 2941.11
Allege prior conviction.
Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of the offense, or stating the substantial elements thereof.
Ohio Rev. Code § 2941.12
Pleading a statute or right derived therefrom.
In pleading a statute or right derived therefrom it is sufficient to refer to the statute by its title, or in any other manner which identifies the statute. The court must thereupon take judicial notice of such statute.
Ohio Rev. Code § 2941.13
Pleading a judgment or other determination.
In pleading a judgment or other determination of, or a proceeding before, any court or officer, civil or military, it is not necessary to allege the fact conferring jurisdiction on such court or officer. It is sufficient to allege generally that such judgment or determination was given or made or such proceedings had.
Ohio Rev. Code § 2941.14
Indictment for aggravated murder, murder, or voluntary or involuntary manslaughter - specifications.
(A) In an indictment for aggravated murder, murder, or voluntary or involuntary manslaughter, the manner in which, or the means by which the death was caused need not be set forth.(B) Imposition of the death penalty for aggravated murder is precluded unless the indictment or count in the indictment charging the offense…
Ohio Rev. Code § 2941.141
Firearm on or about offender's person or under offender's control specification.
(A) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under…
Ohio Rev. Code § 2941.142
Criminal gang participation specification.
(A) Imposition of a mandatory prison term of one, two, or three years pursuant to division (G) of section 2929.14 of the Revised Code upon an offender who committed a felony that is an offense of violence while participating in a criminal gang is precluded unless the indictment, count in the indictment, or information…
Ohio Rev. Code § 2941.143
Offense in school safety zone or towards a person in school safety zone specification.
Imposition of a sentence by a court pursuant to division (H) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence specifies that the offender…
Ohio Rev. Code § 2941.144
Automatic firearm or firearm muffler or suppressor specification.
(A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a)(i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equip…
Ohio Rev. Code § 2941.145
Firearm displayed, brandished, indicated that offender possessed the firearm, or used it to facilitate offense specification.
(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) (ii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under…
Ohio Rev. Code § 2941.146
Firearm discharged from motor vehicle specification.
(A) Imposition of a mandatory five-year prison term upon an offender under division (B)(1)(c) (i) of section 2929.14 of the Revised Code for committing a violation of section 2923.161 of the Revised Code or for committing a felony that includes, as an essential element, purposely or knowingly causing or attempting to c…
Ohio Rev. Code § 2941.147
Sexual motivation specification.
(A) Whenever a person is charged with an offense that is a violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code, a violation of division (A) of section 2903.04 of the Revised Code, an attempt to violate or complicity in violating section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Cod…
Ohio Rev. Code § 2941.148
Sexually violent predator specification.
(A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded unless one of the following applies: (a) The offender is charged with a violent sex offense, and the indictment, count in the indictment, or information charging the violent sex offense also includes a specification that the offende…
Ohio Rev. Code § 2941.149
Repeat violent offender specification.
(A) The determination by a court that an offender is a repeat violent offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a repeat violent offender. The specification shall be stated at the end of the body of the indictment, count, or…
Ohio Rev. Code § 2941.1410
Major drug offender specification.
(A) Except as provided in sections 2925.03 and 2925.11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a maj…
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