In re I.A.

23 Citing cases

  1. In re D.S.

    2016 Ohio 1027 (Ohio 2016)   Cited 47 times

    Pursuant to R.C. 2152.83(B), classification is discretionary for juvenile offenders who are 14 or 15 years of age at the time the offense was committed and who are not subject to R.C. 2152.82 (repeat-offender classification) or R.C. 2152.86 (serious-youthful-offender classification). See In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. The court may impose classification under R.C. 2152.83(B) only after it conducts a hearing to consider certain statutory factors and determine whether the child should be labeled a juvenile-offender registrant.

  2. In re O.P.

    2018 Ohio 580 (Ohio Ct. App. 2018)

    {¶8} R.C. 2152.83(B)(1) establishes the statutory procedure for classifying 14- and 15-year-old juveniles as sex offenders. In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. Under R.C. 2152.83(B), a juvenile court is not required to classify a 14- or 15-year-old juvenile adjudicated delinquent of a sexually oriented offense as a juvenile sex offender.

  3. State v. Buttery

    2020 Ohio 2998 (Ohio 2020)   Cited 43 times
    In Buttery, the appellant was convicted of a violation of R.C. 2950.04 for violating his duty to register as a sex offender.

    R.C. 2152.83(D). In re I.A. , 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. If the court classifies the juvenile as a juvenile-offender registrant, it shall "[i]ssue an order that * * * specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05 and 2950.06 of the Revised Code."

  4. In re A.G.

    2016 Ohio 3306 (Ohio 2016)   Cited 37 times
    Holding that the merger analysis set forth in State v. Ruff, 143 Ohio St.3d 114, 2015-Ohio-995, 34 N.E.3d 892, applies to juvenile delinquency proceedings to protect a child's right against double jeopardy

    {¶ 23} When the words of a statute demonstrate that " ‘the General Assembly has plainly and unambiguously conveyed its legislative intent, there is nothing for a court to interpret or construe, and therefore, the court applies the law as written.’ " In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 12, quoting State v. Kreischer, 109 Ohio St.3d 391, 2006-Ohio-2706, 848 N.E.2d 496, ¶ 12. {¶ 24} Notably, R.C. 2941.25 uses the words "defendant," "offenses," "indictment or information," and "convicted."

  5. In re A.J.

    2022 Ohio 2669 (Ohio Ct. App. 2022)

    {¶ 26} The Ohio Supreme Court has interpreted RC. 2152.84(A) to stand for the following: "Thus, every child classified after an RC. 2152.83(B)(2) hearing -whether the court decides to classify the juvenile at disposition or after release from a secure facility - will receive at the completion of his or her disposition a hearing regarding whether the classification continues to be appropriate." In re I A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 17.

  6. In re T.R.

    2020 Ohio 4445 (Ohio Ct. App. 2020)

    See R.C. 2152.83(B)(1); In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 13-14 (the juvenile court could properly hold a hearing regarding classification at the time of disposition or at the time of the juvenile's release from a secure facility). A survey of the record in the present case reveals that the magistrate elected to hold T.R.'s classification hearing at disposition and declined to classify T.R. But a magistrate's decision is not effective until ruled upon by the juvenile court. Juv.R. 40(D)(4); see In re N.D., 1st Dist. Hamilton No. C-160206, 2016-Ohio-7620, ¶ 10 ("Pursuant to Juv.R. 40(D)(4)(d), if objections to a magistrate's decision are timely filed, the court shall rule on those objections."); see also In re G.S., 4th Dist. Pike Co. No. 14CA852, 2015-Ohio-1285, ¶ 20 (where the trial court never adopted magistrate's delinquency adjudication, that adjudication never became effective and the trial court's subsequent dispositional order was void).

  7. In re M.W.

    2019 Ohio 4564 (Ohio Ct. App. 2019)

    (Emphasis added.) In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. As part of the hearing pursuant to R.C. 2152.83(B)(2), a juvenile court must consider numerous statutory factors — including information about the offender, the victim, the nature of the crime, and other factors — before determining whether the juvenile should be subject to a juvenile sex offender classification.

  8. In re K.T.

    2019 Ohio 4258 (Ohio Ct. App. 2019)

    {¶ 16} If a child is 14 or 15 years of age at the time of an offense, the court has discretion over classifying a juvenile as a juvenile sex offender registrant, where the juvenile is not a repeat offender or a serious youthful offender. Id. at ¶ 14, citing R.C. 2152.83(B), and In re I.A., 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. {¶ 17} A juvenile court may classify a juvenile as a juvenile sex offender "only after first conducting a hearing pursuant to R.C. 2152.83(B)(2) to determine whether the delinquent child should be so classified."

  9. In re L.N.

    2018 Ohio 3982 (Ohio Ct. App. 2018)   Cited 1 times

    Specifically, " R.C. 2152.83(B) sets forth the juvenile-offender-registration-classification procedure for 14- or 15-year-old juveniles who are judged delinquent for committing a sexually oriented offense or a child-victim-oriented offense and who are not subject to R.C. 2152.82 (repeat-offender) or R.C. 2152.86 (serious youthful offender)."In re I.A. , 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. The court "may" impose classification under R.C. 2152.83(B) only after it conducts a hearing to consider certain statutory factors and determine whether the child should be labeled a juvenile offender registrant.

  10. In re S.J.

    2018 Ohio 3296 (Ohio Ct. App. 2018)

    {¶ 33} "If a child is 14 or 15 years of age at the time of an offense, the court has discretion over classifying a juvenile as a juvenile offender registrant, where the juvenile is not a repeat offender or a serious youth offender." S.J. I , 2d Dist. Montgomery No. 27287, 2017-Ohio-5499, at ¶ 25, citing In re D.S. at ¶ 14, which cited R.C. 2152.83(B) and In re I.A. , 140 Ohio St.3d 203, 2014-Ohio-3155, 16 N.E.3d 653, ¶ 6. {¶ 34} "The court may impose classification under R.C. 2152.83(B) only after it conducts a hearing to consider certain statutory factors and determine whether the child should be labeled a juvenile-offender registrant."