Background

On July 27, 2006, President Bush signed into law a bill known as the Adam Walsh Act. States must comply with this federal legislation by July 27, 2009, or risk losing 10% of a federal law enforcement grant. The Ohio General Assembly chose to implement the Adam Walsh Act this year, and passed Senate Bill 10 and Senate Bill 97 in an effort to comply with the federal legislation.

New tier structure

The Adam Walsh Act and Ohio Senate Bill 10 organize sex offender classification into three Tiers. Classification is based solely on the offense of conviction; a person’s likelihood to reoffend will no longer be considered.

Registration and verification duties:

Tier I : registration duties last 15 years for adults, 10 years for juveniles; in-person verification at the county sheriff’s office is required annually.

Tier II : registration duties last 25 years for adults, 20 years for juveniles; in-person verification is required every 180 days.

Tier III : registration duties last a lifetime for adults and for juveniles; in-person verification is required every 90 days.

 

Classification of Offenders:

Sex offenders are classified as Tier I, II or III with increasingly onerous

requirements and consequences, though they are quite severe even for the limited class of

people in Tier I. See Parts D, E, F(1)

 

A Tier III “sex offender” is a “sex offender” whose offense:

  • is punishable by imprisonment for more than one year and

  • is comparable to or more severe than the following or an attempt or conspiracy

    to commit such an offense

 o aggravated sexual abuse (as described in 18 U.S.C. § 2241), sexual abuse

       (as described in 18 U.S.C. § 2242) whether against an adult or a minor

 o abusive sexual contact (as described in 18 U.S.C. § 2242) against a minor

       under the age of 13, or

  • “involves kidnapping of a minor” (unless committed by a parent or guardian), or

  • occurred after s/he became a Tier II sex offender.

     See 42 U.S.C. § 16911(4).

 

A Tier II “sex offender” is a “sex offender” other than a Tier III “sex offender”

whose offense:

  • is punishable by imprisonment for more than one year and

  • is comparable to or more severe than the following offenses or an attempt or

    conspiracy to commit such an offense and is committed against a minor

  o sex trafficking (as described in 18 U.S.C. § 1591)

  o coercion and enticement (as described in 18 U.S.C. § 2422(b))

  o transportation with intent to engage in criminal sexual activity (as

          described in 18 U.S.C. § 2423(a))

  o abusive sexual contact (as described in 18 U.S.C. § 2244), or

  • “involves”

  o use of a minor in a sexual performance

  o solicitation of a minor to practice prostitution

  o production or distribution of child pornography, or

  • occurred after s/he became a Tier I sex offender.

   

     See 42 U.S.C. § 16911(3).

 

A Tier I “sex offender” is a “sex offender” other than a Tier II or Tier III “sex

offender.” See 42 U.S.C. § 16911(2). This would include, for example, a person

convicted any number of times of offenses punishable by imprisonment for one year or

less, or a person convicted of possession of child pornography who was not already a Tier

I sex offender, or an 18-year-old boy who had consensual sex with his 13-year-old

girlfriend and was not already a Tier I sex offender.

 

OHIO OFFENSE TIERS * Any law from another jurisdiction that is comparable to these offenses shall fall within that same tier. ** This offense should be removed in future. Created by the Special Prosecutions Section of the Ohio Attorney General's Office Revised 8-29-07 TIER 1

1. 2907.07 Importuning

2. 2907.04 Unlawful Sexual Conduct with a Minor, non-consensual and offender less than 4 years older than    victim, not previously convicted of 2907.02, 2907.03, or 2907.04, or former 2907.12 (FSP)**

3. 2907.08 Voyeurism

4. 2907.06 Sexual Imposition

5. 2907.05 (A)(1)-(3), (5) Gross Sexual Imposition

6. 2907.323 (A)(3) Illegal Use of a Minor in Nudity-oriented Material or Performance

7. 2905.05 (B) Child Enticement with sexual motivation {new under SB 10}

8. 2907.32 Pandering Obscenity

9. 2903.211 (A)(3) Menacing by Stalking with sexual motivation {new under SB10}

10. 2905.03(B) Unlawful Restraint with sexual motivation {new under SB 10}

11. Includes an attempt, complicity or conspiracy to commit any of these offenses

12. Child-victim offender not in Tier II or III.

 

TIER 2

1. 2907.21 Compelling Prostitution

2. 2907.321 Pandering Obscenity Involving a Minor

3. 2907.322 Pandering Sexually Oriented Material Involving a Minor

4. 2907.323 (A)(1) and (2) Illegal Use of a Minor in Nudity-oriented Material or Performance

5. 2907.04 when offender is at least 4 years older; or when the offender is less than 4 years older and has prior conviction for 2907.02, 2907.03, 2907.04, or former 2907.12 (FSP)

6. 2907.05 (A)(4) Gross Sexual Imposition victim under 13

7. 2919.22 (B)(5) Child Endangering

8. 2905.01 (A)(1)-(3), (5) Kidnapping with sexual Motivation

9. 2905.01 (A)(4) Kidnapping victim over 18

10. 2905.02 (B) Abduction with sexual motivation {new under SB 10}

11. Any sexual offense that occurs after the offender has been classified as a Tier I offender.

12. Includes an attempt, complicity or conspiracy to commit any of these offenses

13. Pre-AWA Habitual offenders, unless re-classified after hearing under ORC 2950.031 or 2950.032

 

TIER 3

1. 2907.02 Rape

2. 2907.03 Sexual Battery

3. 2903.01 Agg. Murder with sexual motivation

4. 2903.02 Murder with sexual motivation

5. 2903.04(A) Unlawful Death or termination of pregnancy as a result of committing or attempt to commit a felony with sexual motivation

6. 2905.01 (A)(4) Kidnapping of minor to engage in sexual activity

7. 2905.01 (B) Kidnapping of minor, not by parent

8. 2907.05 (B) {New section of GSI)

9. 2903.11 Felonious Assault with sexual motivation

10. Pre-AWA predators unless re-classified after hearing under ORC 2950.031 or 2950.032

11. Any sexual offense that occurs after the offender is classified as a Tier II or III offender.

12. Automatic classification after SVP specification 2971.03

14. Includes an attempt, complicity or conspiracy to commit any of these offenses

View the List of Offenders

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