Sexually Violent Predator
When an individual is charged with a violent sex offense, a specific kind of homicide, assault, or kidnapping, and they are charged with a sexual motivation specification for their underlying offense, they are designated as a sexually violent predator. The consequences of being accused of a sex crime are horrendous. They include serious prison time, sex offender registration, and the negative stigma that goes with being branded a sex offender.
At Joslyn Law Firm, our law firm has extensive experience defending individuals against various sex offender classifications, including sexually violent predators. Our lawyers can advocate aggressively on your behalf.
Ohio Sexually Violent Predator Attorney
A sex crime conviction carries severe penalties and can have a significant impact on your life. If you are facing charges for a sex offense and have been classified as a sexually violent predator, it is important to consult with a sex crime defense attorney as soon as possible. One of our skilled criminal defense attorneys at Joslyn Law Firm can help you navigate your case and fight aggressively for your best possible outcome.
To schedule your first consultation, call (614) 444-1900 right now. Joslyn Law Firm aggressively defends clients all over Fairfield County, Franklin County, Licking County, Madison County, Union County, Pickaway County, and Delaware County, Ohio.
Information Center
- Sexual Violent Predator Definitions
- Sexual Specifications Under Ohio Criminal Law
- Penalties for a Sexually Violent Predator
- Statute Of Limitations
- Additional Resources
Sexual Violent Predator Definitions
Sexually Violent Offense – a violent sex offense or a homicide, assault, or kidnapping offense committed with a sexual motivation by the offender.
Sexually Violent Predator – Someone who (after January 1, 1997) has both committed a sexually violent offense and is likely to commit more sexually violent offenses in the future. Factors that may be considered as evidence that an individual is likely to commit future violent offenses include:
- Two or more convictions (in separate criminal matters) of offenses that are sexually oriented and/or child-victim oriented.
- Documented history from juvenile developmental years or childhood that exhibits behavior that can reasonably be considered sexually deviant.
- Chronic history of committing offenses with a sexual motivation.
- Any history of committing an offense in which the victim has been tortured or submitted to ritualistic acts.
- A history of at least one offense in which at least one victim was physically harmed to the degree that their life was in jeopardy.
- Other relevant evidence.
Sexual Motivation – A purpose to gratify the offender’s sexual needs or desires
Sexual Specifications Under Ohio Criminal Law
Sexual Motivation Specification – When someone is charged with a specific kind of homicide, assault, or kidnapping offense and they committed that offense with a sexual motivation, their record is affected by a sexual motivation specification.
Before someone can be labeled as a sexually violent predator, they must commit a violent sex offense or other qualifying underlying offense. A violent sex offense consists of:
- Rape
- Sexual Battery
- Specific forms of Gross Sexual Imposition
Only after a defendant has been found guilty of a qualifying, underlying offense is a sexually violent predator specification determination made. If convicted of this specification, aggravated sentencing terms will apply to the defendant’s case.
Penalties for a Sexually Violent Predator
There are special sentencing mandates in place if an individual is convicted of a sexually violent predator specification. Unless an explicit exception to these general rules applies, the court shall impose a sentence for a sexually violent predator that is aggravated from the sentence for the underlying, qualifying offense in the following specific ways:
- If the underlying offense is aggravated murder and the offender has not been sentenced to death, the court shall impose a term of life in prison without parole.
- If the underlying offense is rape under extreme circumstances, including a victim under 10 years of age, the offender had previously been convicted of rape, or the offender caused serious physical harm to the victim, the court shall impose a term of imprisonment for life without parole.
- If the underlying offense is not murder, aggravated murder, or rape and the underlying offense is not ordinarily punishable by a term of life in prison, the court shall impose a sentence of an indefinite prison term of no less than two years and a maximum of life in prison.
- If the underlying offense is kidnapping, rape, or attempted rape for which a sentence of life in prison is not being imposed, the court shall impose highly specific sentences contextualized under the law relating to the age of the victim and a host of other factors including the date upon which the kidnapping occurred.
Unless a specific exception applies, the court may not impose a sentence of life in prison without parole if the offender was under the age of 18 at the time of the offense.
Note that sexually violent predators are also subject to sex offender registration requirements.
Statute Of Limitations
The statute of limitations for a sexually violent predator specification is dependent upon the underlying offense inspiring the need to seek a specification designation in the first place. Once the statute of limitations on the underlying offense has run, the issue of specification designation becomes irrelevant, as new charges related to the underlying offense can no longer be filed.
Additional Resources
Guide to Ohio’s Sex Offender Registration and Notification Laws – This resource, published by the Ohio Attorney General, provides all the information that someone might need to know if they are required to register as a sex offender and to comply with sex offender notification laws.
Ohio Laws Concerning Sexual Predators, Habitual Sex Offenders, Sexually Oriented Offenders – This table conveniently links to all relevant Ohio laws concerning sex offenders.
Ohio Sexually Violent Predator Lawyer | Joslyn Law Firm
If you have been designated as a sexually violent predator in Columbus, Ohio, the criminal defense attorneys at Joslyn Law Firm will treat your case with the utmost care and discretion. Our criminal defense lawyers will address your concerns and work hard to reduce, if not eliminate your charges. We will help you begin your journey back to freedom.
To schedule your first consultation, call (614) 444-1900 as soon as possible. If you reside in Fairfield County, Franklin County, Licking County, Madison County, Pickaway County, Union County, or Delaware County, our attorneys are prepared to review your case.
