Ohio Revised Code Chapter 2941 - Indictment

• Section 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. Effective Date: 10-01-1953
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 2941.06 - Form Of Indictment.
  An indictment may be substantially in the following form: "The State of Ohio,) ss . . . . . . . . . County)...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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) of section 2929.14 of the Revised Code is precluded unless...
• Section 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...
• Section 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...
• Section 2941.144 - Automatic Firearm Or Firearm Muffler Or Silencer Specification.
  (A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a) of section 2929.14 of the Revised Code is precluded unless...
• Section 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) of section 2929.14 of the Revised Code is precluded unless...
• Section 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) of section 2929.14 of the Revised Code for committing a...
• Section 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,...
• Section 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...
• Section 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...
• Section 2941.1410 - Major Drug Offender Specification.
  (A) Except as provided in sections 2925.03 and 2925.11 of the Revised Code, the determination by a court that an offender is a major...
• Section 2941.1411 - Offender Wore Or Carried Body Armor Specification.
  (A) Imposition of a two-year mandatory prison term upon an offender under division (B)(1)(d) of section 2929.14 of the Revised Code is precluded unless...
• Section 2941.1412 - Discharged Firearm At Peace Officer Or Corrections Officer Specification.
  (A) Imposition of a seven-year mandatory prison term upon an offender under division (B)(1)(f) of section 2929.14 of the Revised Code is precluded unless...
• Section 2941.1413 - Mandatory Additional Prison Term For Felony Ovi Violation Precluded Unless Charging Instrument Specifies Prior Convictions.
  (A) Imposition of a mandatory additional prison term of one, two, three, four, or five years upon an offender under division (G)(2) of section...
• Section 2941.1414 - Peace Officer Victim Of Aggravated Vehicular Homicide Specification.
  (A) Imposition of a five-year mandatory prison term upon an offender under division (B)(5) of section 2929.14 of the Revised Code is precluded unless...
• Section 2941.1415 - Multiple Ovi Violations Specification.
  (A) Imposition of a three-year mandatory prison term upon an offender under division (B)(6) of section 2929.14 of the Revised Code is precluded unless...
• Section 2941.1416 - Mandatory Additional Jail Term For Misdemeanor Ovi Violation Precluded Unless Charging Instrument Specifies Prior Convictions.
  (A) Imposition of a mandatory, additional, definite jail term of up to six months upon an offender under division (E) of section 2929.24 of...
• Section 2941.1417 - Property Subject To Forfeiture - Indictment Specifications.
  (A) Property is not subject to forfeiture in a criminal case unless the indictment, count in the indictment, or information charging the offense specifies,...
• Section 2941.1418 - Rape - Offender Age Specification.
  (A) Imposition of a mandatory indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years upon...
• Section 2941.1419 - Rape - Victim Age Specification.
  Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an...
• Section 2941.1420 - Rape - Previous Conviction Or Serious Physical Harm Specification.
  (A) Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon...
• Section 2941.1421 - School Proximity Specification For Certain Sex Offenses.
  (A) Imposition of an additional prison term of one, two, three, four, five, or six months under division (H)(2)(a)(i) of section 2929.14 of the...
• Section 2941.1422 - Mandatory Prison Term - Furtherance Of Human Trafficking.
  (A) Imposition of a mandatory prison term under division (B)(7) of section 2929.14 of the Revised Code is precluded unless the offender is convicted...
• Section 2941.1423 - Mandatory Prison Term - Pregnancy Known To Offender.
  Imposition of a mandatory prison term under division (B)(8) of section 2929.14 of the Revised Code or a mandatory jail term under division (F)...
• Section 2941.15 - Sufficiency Of Indictment Or Information For Forgery.
  In an indictment or information for falsely making, altering, forging, printing, photographing, uttering, disposing of, or putting off an instrument, it is sufficient to...
• Section 2941.16 - Description Of Forgery Materials Sufficient.
  In an indictment or information for engraving or making the whole or part of an instrument, matter, or thing, or for using or having...
• Section 2941.17 - Description Of Writing By Usual Name Or Purport.
  In all cases when it is necessary to make an averment in an indictment or information as to a writing, instrument, tool, or thing,...
• Section 2941.18 - Perjury Or Falsification Allegations.
  In an indictment or information for perjury or falsification, it is not necessary to set forth any part of a record or proceeding, or...
• Section 2941.19 - Allegations Involving Intent To Defraud.
  It is sufficient in an indictment or information where it is necessary to allege an intent to defraud, to allege that the accused did...
• Section 2941.20 - Allegations Involving Sale, Possession, Transportation, Buying, Or Giving Intoxicating Liquor.
  An indictment, information, or affidavit charging a violation of law relative to the sale, possession, transportation, buying, or giving intoxicating liquor to any person,...
• Section 2941.21 - Allegations Involving Property Belonging To Partners Or Joint Owners.
  In an indictment or information for an offense committed upon, or in relation to, property belonging to partners or joint owners, it is sufficient...
• Section 2941.22 - Allegations Involving Ownership Or Value Of Will, Codicil, Or Other Testamentary Instrument.
  In an indictment or information for stealing a will, codicil, or other testamentary instrument, or for forgery thereof, or, for a fraudulent purpose, keeping,...
• Section 2941.23 - Allegations Involving Elections.
  In an indictment or information for an offense committed in relation to an election, it is sufficient to allege that such election was authorized...
• Section 2941.24 - [Repealed].
  Effective Date: 01-01-1974
• Section 2941.25 - Allied Offenses Of Similar Import - Multiple Counts.
  (A) Where the same conduct by defendant can be construed to constitute two or more allied offenses of similar import, the indictment or information...
• Section 2941.26 - Variance Between Indictment And Evidence.
  When, on the trial of an indictment or information, there appears to be a variance between the statement in such indictment or information and...
• Section 2941.27 - Plea In Abatement Or Other Dilatory Plea.
  No plea in abatement, or other dilatory plea to the indictment or information, shall be received by any court unless the party offering such...
• Section 2941.28 - Misjoinder Of Parties Or Offenses Not Grounds For Dismissal.
  No indictment or information shall be quashed, set aside, or dismissed for any of the following defects: (A) That there is a misjoinder of...
• Section 2941.29 - Objection To Defect In Indictment Or Information.
  No indictment or information shall be quashed, set aside, or dismissed, or motion to quash be sustained, or any motion for delay of sentence...
• Section 2941.30 - Amending Indictment, Information, Or Bill Of Particulars.
  The court may at any time before, during, or after a trial amend the indictment, information, or bill of particulars, in respect to any...
• Section 2941.31 - Quashed Indictment - Nolle Prosequi.
  In criminal prosecutions, when the indictment or information has been quashed or the prosecuting attorney has entered a nolle prosequi thereon, or the cause...
• Section 2941.32 - Two Or More Indictments Pending.
  If two or more indictments or informations are pending against the same defendant for the same criminal act, the prosecuting attorney must elect upon...
• Section 2941.33 - Nolle Prosequi How Entered.
  The prosecuting attorney shall not enter a nolle prosequi in any cause without leave of the court, on good cause shown, in open court....
• Section 2941.34 - Indictment Or Information Mutilated, Obliterated, Lost, Mislaid, Or Destroyed.
  If an indictment or information is mutilated, obliterated, lost, mislaid, destroyed, or stolen, or for any other reason cannot be produced at the arraignment...
• Section 2941.35 - Misdemeanor Prosecutions.
  Prosecutions for misdemeanors may be instituted by a prosecuting attorney by affidavit or such other method as is provided by law in such courts...
• Section 2941.36 - Issuing Arrest Warrants.
  A warrant may be issued at any time by an order of a court, or on motion of a prosecuting attorney after the indictment,...
• Section 2941.37 - Warrant When Accused Resides Out Of County.
  When an accused resides out of the county in which the indictment was found or information filed, a warrant may issue thereon, directed to...
• Section 2941.38 - Warrant When Accused Escapes.
  When an accused escapes and forfeits his recognizance after the jury is sworn, a warrant reciting the facts may issue at the request of...
• Section 2941.39 - Indictment Of Convict In A State Correctional Institution.
  When a convict in a state correctional institution is indicted for a felony committed while confined in the correctional institution, the convict shall remain...
• Section 2941.40 - Convicts Removed To County For Sentence Or Trial.
  A convict in a state correctional institution, who escaped, forfeited his recognizance before receiving sentence for a felony, or against whom an indictment or...
• Section 2941.401 - Request For A Final Disposition On Pending Charges By Prisoner.
  When a person has entered upon a term of imprisonment in a correctional institution of this state, and when during the continuance of the...
• Section 2941.41 - Request For A Final Disposition On Pending Charges By Prisoner - Warrant.
  A warrant for removal specified in section 2941.40 of the Revised Code shall be in the usual form, except that it shall set forth...
• Section 2941.42 - Request For A Final Disposition On Pending Charges By Prisoner - Confinement.
  A convict removed as provided by section 2941.41 of the Revised Code shall be kept in jail subject to be taken into court for...
• Section 2941.43 - Request For A Final Disposition On Pending Charges By Prisoner - Disposition Following Trial.
  If the convict referred to in section 2941.40 of the Revised Code is acquitted, he shall [be] forthwith returned by the sheriff to the...
• Section 2941.44 - Arrest Of Escaped Convict - Expense Of Return.
  Sheriffs, deputy sheriffs, marshals, deputy marshals, watchmen, police officers, and coroners may arrest a convict escaping from a state correctional institution and forthwith convey...
• Section 2941.45 - Trial Of Person Serving Workhouse Sentence.
  Any person serving a sentence in jail or the workhouse, who is indicted or informed against for another offense, may be brought before the...
• Section 2941.46 - Arrest For Violations Of Conditional Pardon Or Parole.
  (A) If a convict has been conditionally pardoned or a prisoner has been paroled from any state correctional institution, any peace officer may arrest...
• Section 2941.47 - Summons On Informations And Indictments Against Corporations.
  When an indictment is returned or information filed against a corporation, a summons commanding the sheriff to notify the accused thereof, returnable on the...
• Section 2941.48 - Recognizance Of Witnesses For Appearance At Trial.
  In any case pending in the court of common pleas, the court, either before or after indictment, may require any witness designated by the...
• Section 2941.49 - Service Of Indictments.
  Within three days after the filing of an indictment for felony and in every other case when requested, the clerk of the court of...
• Section 2941.50 - [Repealed].
  Effective Date: 01-13-1976
• Section 2941.51 - Counsel For Indigents.
  (A) Counsel appointed to a case or selected by an indigent person under division (E) of section 120.16 or division (E) of section 120.26...
• Section 2941.52 - [Repealed].
  Effective Date: 01-13-1976
• Section 2941.53 - Methods Of Excepting An Indictment.
  An accused may except to an indictment by: (A) A motion to quash; (B) A plea in abatement; (C) A demurrer. Effective Date: 10-01-1953
• Section 2941.54 - Motion To Quash Indictment.
  A motion to quash may be made when there is a defect apparent upon the face of the record, within the meaning of sections...
• Section 2941.55 - Plea In Abatement To Indictment.
  Plea in abatement may be made when there is a defect in the record shown by facts extrinsic thereto. Effective Date: 10-01-1953
• Section 2941.56 - Fail To Indict In True Name.
  If the accused pleads in abatement that he is not indicted by his true name, he must plead his true name which shall be...
• Section 2941.57 - Demurrer.
  The accused may demur: (A) When the facts stated in the indictment do not constitute an offense punishable by the laws of this state;...
• Section 2941.58 - Resubmission To Grand Jury.
  When a motion to quash or a plea in abatement is adjudged in favor of the accused, the trial court may order the case...
• Section 2941.59 - Waiver Of Defects Which May Be Excepted To.
  The accused waives all defects which may be excepted to by a motion to quash or a plea in abatement, by demurring to an...
• Section 2941.60 - Prosecuting Attorney May Demur To Plea In Abatement.
  The prosecuting attorney may demur to a plea in abatement if it is not sufficient in substance, or he may reply, setting forth any...
• Section 2941.61 - Overruling Demurrer To Plea In Abatement.
  After a demurrer to an indictment is overruled, the accused may plead under section 2943.03 of the Revised Code. Effective Date: 10-01-1953
• Section 2941.62 - Immediate Hearing On Motions To Quash, Pleas In Abatement, And Demurrers.
  Motions to quash, pleas in abatement, and demurrers shall be heard immediately upon their filing, unless the trial court, for good cause shown, sets...
• Section 2941.63 - Appointment Of Counsel To Assist Prosecutor When Public Interest Requires It.
  The court of common pleas, or the court of appeals, whenever it is of the opinion that the public interest requires it, may appoint...

Last modified: October 10, 2016