Ohio Code 2152.11 – Dispositions for child adjudicated delinquent
(A) A child who is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult is eligible for a particular type of disposition under this section if the child’s case was not transferred under section 2152.12 of the Revised Code. If the complaint, indictment, or information charging the act includes one or more of the following factors, the act is considered to be enhanced, and the child is eligible for a more restrictive disposition under this section;
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | 3 years or more | up to $20,000 |
| Felony of the second degree | 2 years or more | up to $15,000 |
| Felony of the third degree | 9 months to 5 years | up to $10,000 |
| Felony of the fourth degree | 6 to 18 months | up to $5,000 |
| Felony of the fifth degree | 6 to 12 months | up to $2,500 |
Terms Used In Ohio Code 2152.11
- Act charged: means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child. See Ohio Code 2152.02
- Admitted to a department of youth services facility: includes admission to a facility operated, or contracted for, by the department and admission to a comparable facility outside this state by another state or the United States. See Ohio Code 2152.02
- Child: means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (8) of this section. See Ohio Code 2152.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Delinquent child: includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;
(3) Any child who violates any lawful order of the court made under Chapter 2151 of the Revised Code other than an order issued under section 2151. See Ohio Code 2152.02
- Discretionary serious youthful offender: means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer. See Ohio Code 2152.02
- Discretionary SYO: means a case in which the juvenile court, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152. See Ohio Code 2152.02
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Mandatory serious youthful offender: means a person who is eligible for a mandatory SYO and who is not transferred to adult court under a mandatory or discretionary transfer and also includes, for purposes of imposition of a mandatory serious youthful dispositional sentence under section 2152. See Ohio Code 2152.02
- Mandatory SYO: means a case in which the juvenile court is required to impose a mandatory serious youthful offender disposition under section 2152. See Ohio Code 2152.02
- Traditional juvenile: means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under sections 2152. See Ohio Code 2152.02
(1) The act charged against the child would be an offense of violence if committed by an adult.
(2) During the commission of the act charged, the child used a firearm, displayed a firearm, brandished a firearm, or indicated that the child possessed a firearm and actually possessed a firearm.
(3) The child previously was admitted to a department of youth services facility for the commission of an act that would have been aggravated murder, murder, a felony of the first or second degree if committed by an adult, or an act that would have been a felony of the third degree and an offense of violence if committed by an adult.
(B) If a child is adjudicated a delinquent child for committing an act that would be aggravated murder or murder if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was fourteen or fifteen years of age;
(2) Discretionary SYO, if the act was committed when the child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions (B)(1) and (2) of this section do not apply.
(C) If a child is adjudicated a delinquent child for committing an act that would be attempted aggravated murder or attempted murder if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was fourteen or fifteen years of age;
(2) Discretionary SYO, if the act was committed when the child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions (C)(1) and (2) of this section do not apply.
(D) If a child is adjudicated a delinquent child for committing an act that would be a felony of the first degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Mandatory SYO, if the act allegedly was committed when the child was sixteen or seventeen years of age, and the act is enhanced by the factors described in division (A)(1) and either division (A)(2) or (3) of this section;
(2) Discretionary SYO, if any of the following applies:
(a) The act was committed when the child was sixteen or seventeen years of age, and division (D)(1) of this section does not apply.
(b) The act was committed when the child was fourteen or fifteen years of age.
(c) The act was committed when the child was twelve or thirteen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section.
(d) The act was committed when the child was ten or eleven years of age, and the act is enhanced by the factors described in division (A)(1) and either division (A)(2) or (3) of this section.
(3) Traditional juvenile, if divisions (D)(1) and (2) of this section do not apply.
(E) If a child is adjudicated a delinquent child for committing an act that would be a felony of the second degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Discretionary SYO, if the act was committed when the child was fourteen, fifteen, sixteen, or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the child was twelve or thirteen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section;
(3) Traditional juvenile, if divisions (E)(1) and (2) of this section do not apply.
(F) If a child is adjudicated a delinquent child for committing an act that would be a felony of the third degree if committed by an adult, the child is eligible for whichever of the following is appropriate:
(1) Discretionary SYO, if the act was committed when the child was sixteen or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the child was fourteen or fifteen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section;
(3) Traditional juvenile, if divisions (F)(1) and (2) of this section do not apply.
(G) If a child is adjudicated a delinquent child for committing an act that would be a felony of the fourth or fifth degree if committed by an adult, the child is eligible for whichever of the following dispositions is appropriate:
(1) Discretionary SYO, if the act was committed when the child was sixteen or seventeen years of age, and the act is enhanced by any factor described in division (A)(1), (2), or (3) of this section;
(2) Traditional juvenile, if division (G)(1) of this section does not apply.
(H) The following table describes the dispositions that a juvenile court may impose on a delinquent child:
(I) The table in division (H) of this section is for illustrative purposes only. If the table conflicts with any provision of divisions (A) to (G) of this section, divisions (A) to (G) of this section shall control.
(J) Key for table in division (H) of this section:
(1) “Any enhancement factor” applies when the criteria described in division (A)(1), (2), or (3) of this section apply.
(2) The “disposition firearm factor” applies when the criteria described in division (A)(2) of this section apply.
(3) “DSYO” refers to discretionary serious youthful offender disposition.
(4) “F1” refers to an act that would be a felony of the first degree if committed by an adult.
(5) “F2” refers to an act that would be a felony of the second degree if committed by an adult.
(6) “F3” refers to an act that would be a felony of the third degree if committed by an adult.
(7) “F4” refers to an act that would be a felony of the fourth degree if committed by an adult.
(8) “F5” refers to an act that would be a felony of the fifth degree if committed by an adult.
(9) “MSYO” refers to mandatory serious youthful offender disposition.
(10) The “offense of violence factor” applies when the criteria described in division (A)(1) of this section apply.
(11) The “previous DYS admission factor” applies when the criteria described in division (A)(3) of this section apply.
(12) “TJ” refers to traditional juvenile.
Last updated March 27, 2023 at 2:47 PM