SEXUAL PREDATOR HEARINGS

Sexual Predator Hearings are a stage in your criminal proceeding wherein a determination is made as to whether you will be labeled a Sexuality Oriented Offender, a Habitual Offender or a Sexual Predator. The consequence of this label could affect you for the rest of your life.

Ohio Revised Code Section 2950 sets forth the criterion and method by which a person is classified as a Sexual Offender. If you are convicted of a sexually oriented offense, you will be labeled with one of these classifications. A partial summary of how your classification will affect you is as follows:

1) Sexually Oriented Offender: You will be required to register personally with the sheriff of the county in which you reside for a period of ten (10) years. If you are temporarily in a county other than your residence, you are still required to register.

2) Habitual Sex Offender: You will be required to register personally with the sheriff as set forth above for twenty (20) years.

3) Sexual Predator: This is the most onerous forms of registration. You will be required to register for the rest of your life. The sheriff has a duty to notify neighbors, schools and a number of other persons of your address, school or place of employment, the offense of which you were convicted, plus other information.

Depending on the nature of the offense, the sheriff may also have a duty to notify portions of the public, even if you are only labeled as a Sexually Oriented Offender. If you are found guilty of a sexually oriented offense, you will not be able to live within one thousand feet (1000) of school premises.

In addition to all of the above consequences, any statements, information, photographs or fingerprints in the possession of the sheriff are public records open to the public for inspection. Additionally, you will be included in the Internet sex offender database.

As you can see, being convicted of a sexually oriented offense has grave consequences above and beyond prison time. It is critical that your attorney be prepared for the classification hearing if you are convicted. The following is an article I wrote for the Ohio Association of Criminal Defense Lawyers concerning “Preparing for Sexual Predator Hearings”.

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