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On January 1, 2008 Ohio’s Sex Offender Registration laws
changed. Ohio became one of the first States in the nation to adopt the
provisions of the Adam Walsh Act. The Adam Walsh Act was passed and signed
into federal law in 2006. It required States to implement the provisions
and guidelines of the Adam Walsh Act or risk losing federal block grant
money. The intent of the Adam Walsh Act is to provide a universal method of
determining sex offender classifications and the requirements of those
classifications in all States nationwide.
The Adam Walsh Act replaces previous sex offender
classification designations such as Sexual Predator, or Sexually Oriented
Offender, with Tier classification designations. The Tier
classification designations for sex offenders are determined by the criminal
offense or offenses the offender was convicted of. The Adam Walsh Act was
retroactive and included the re-classification of all sex offenders
previously convicted as well as determining the classification of all sex
offenders convicted in the future.
The County Sheriff is responsible under Ohio law for the
registration of sex offenders. Sex offenders must register with the County
Sheriff on scheduled periodic basis, which is determined by their sex
offender Tier classification. In addition, sex offenders must register with
the County Sheriff any change of residential address, place of employment,
or enrollment in a school or institution of higher education.
The Tier classification system requirements are as
follows:
Tier I:
Sex offenders must register with the County Sheriff at least once annually
for a period of 15 years. In addition, must register any change of
residential address, place of employment, or enrollment in a school or
institution of higher education.
Tier II:
Sex offenders must register with the County Sheriff every 180 days for a
period of 25 years. In addition, must register any change of residential
address, place of employment, or enrollment in a school or institution of
higher education.
Tier III:
Sex offenders must register with the County Sheriff every 90 days for life.
In addition, must register any change of residential address, place of
employment, or enrollment in a school or institution of higher education.
Note:
Tier III sex offenders are also subject to community notification, which
means upon a change of residential address, the County Sheriff will provide
notice to a neighborhood within 1000 feet of the sex offenders residential
address. The County Sheriff will also provide notice to schools, registered
day-care providers, and law enforcement agencies within the county.
Tier sex
offender classifications are determined based upon criminal conviction of
offenses and criteria outlined in the table below.
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TIER I |
TIER II |
Tier III |
- Importuning
2907.07
- Unlawful Sexual
Conduct with a Minor 2907.04 (B)(2), unless consensual, case then not
registration offense
- Voyeurism 2907.08
(C ) and (D) against a minor
- Sexual Imposition
2907.06
- Gross Sexual
Imposition 2907.05 (A)(1)-(3) (5)
- Illegal Use of a
Minor in Nudity-oriented Material or Performance 2907.323 (A)(3) (AWA
non-Ohio)
- Voyeurism 2907.08
(A)(B) & (E) (Ohio, non-AWA)
- Child Enticement
2905.05 (sexual motivation) (Ohio, non-AWA)
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- Compelling
Prostitution 2907.21
- Pandering
Obscenity Involving a Minor 2907.321
- Pandering Sexually
Oriented Material Involving a Minor 2907.322
- Illegal Use of a
Minor in Nudity-oriented Material or Performance 2907.323 (A)(1) & (2)
- Child Endangering
2919.22 (B)(5)
- Kidnapping with
Sexual Motivation 2905.01 (A)(1)(3)(5)
- Unlawful Sexual
Conduct with a Minor 2907.04 (B)(1)(3)(4)
- Any Sexual Offense
that occurs after the offender has been classified as a Tier I sex
offender
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- Rape 2907.02
- Sexual Battery
2907.03
- Aggravated Murder
with Sexual Motivation 2903.01
- Murder with Sexual
Motivation 2903.02
- Unlawful Death or
Termination of Pregnancy As A Result of Committing or Attempting to
Commit a Felony with Sexual Motivation 2903.04
- Kidnapping of
Minor to Engage in Sexual Activity 2905.01(A)(4)
- Kidnapping of
Minor, Not By Parent 2905.01(B)
- Gross Sexual
Imposition 2907.05 (A)(4) (Under 13)*
- Felonious Assault
with Sexual Motivation 2903.11**
- Any Sexual Offense
that occurs after the offender has been classified as a Tier II sex
offender
* Federal
offense is victim under 16
**
comparable to Attempted Sexual Abuse 18 USCS 2242
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