(A)Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iv) or (B)(2)(c) of section2971.03of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section2907.02of the Revised Code, and any of the following apply:
(1)The offender previously has been convicted of or pleaded guilty to one of the following:
(a)Attempted rape and previously has been convicted of or pleaded gui
Free access — add to your briefcase to read the full text and ask questions with AI
(A) Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iv) or (B)(2)(c) of section2971.03of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section2907.02of the Revised Code, and any of the following apply:
(1) The offender previously has been convicted of or pleaded guilty to one of the following:
(a) Attempted rape and previously has been convicted of or pleaded guilty to a specification of the type described in this section or section2941.1418or2941.1419of the Revised Code;
(b) Attempted rape under circumstances that are substantially similar to the circumstances described in this section or section2941.1419or2941.1420of the Revised Code;
(c) A violation of an existing or former law of this state, another state, or the United States that is substantially similar to any of the offenses described in divisions (A)(1)(a) and (b) of this section.
(2) The offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section2907.02of the Revised Code or to violating a substantially similar existing or former law of this state, another state, or the United States.
(3) The offender during or immediately after the commission of the offense caused serious physical harm to the victim.
(B) The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section2907.02of the Revised Code, and the offender previously has been convicted of or pleaded guilty to attempted rape and previously has been convicted of or pleaded guilty to a specification of the type described in this section or section2941.1418or2941.1419of the Revised Code, previously has been convicted of or pleaded guilty to attempted rape under circumstances that are substantially similar to the circumstances described in this section or section2941.1419or2941.1420of the Revised Code, or previously has been convicted of or pleaded guilty to violating a substantially similar existing or former law of this state, another state, or the United States; previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section2907.02of the Revised Code or to violating a substantially similar existing or former law of this state, another state, or the United States; or the offender during or immediately after the commission of the offense caused serious physical harm to the victim)."