As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 318 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-TAYLOR-BUCHY-BUEHRER-CLANCY- 7
CORBIN-FLANNERY-GRENDELL-HOOPS-JACOBSON-JONES-FERDERBER- 8
MAIER-NETZLEY-PADGETT-PRINGLE-SCHURING-TERWILLEGER-TIBERI- 9
TRAKAS-YOUNG 10
_________________________________________________________________ 11
A B I L L
To amend section 2901.21 of the Revised Code 12
relative to the criminal liability of a person 13
who is intoxicated. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 2901.21 of the Revised Code be 18
amended to read as follows: 19
Sec. 2901.21. (A) Except as provided in division (B) of 28
this section, a person is not guilty of an offense unless both of 29
the following apply: 30
(1) His THE PERSON'S liability is based on conduct which 32
THAT includes either a voluntary act, or an omission to perform 35
an act or duty which he THAT THE PERSON is capable of performing; 36
(2) He THE PERSON has the requisite degree of culpability 38
for each element as to which a culpable mental state is specified 40
by the section defining the offense. 41
(B) When the section defining an offense does not specify 43
any degree of culpability, and plainly indicates a purpose to 44
impose strict criminal liability for the conduct described in 45
such THE section, then culpability is not required for a person 46
to be guilty of the offense. When the section neither specifies 48
culpability nor plainly indicates a purpose to impose strict 49
liability, recklessness is sufficient culpability to commit the 50
offense. 51
2
(C) A PERSON WHO IS INTOXICATED IS SUBJECT TO CRIMINAL 53
LIABILITY FOR THE PERSON'S CONDUCT WHILE INTOXICATED. A PERSON 54
MAY NOT ASSERT INTOXICATION AS A DEFENSE TO AN OFFENSE WITH WHICH 55
THE PERSON IS CHARGED. INTOXICATION IS NOT A FACTOR THAT NEGATES 56
THE EXISTENCE OF A CULPABLE MENTAL STATE SPECIFIED AS AN ELEMENT 57
OF AN OFFENSE UNLESS THE PERSON CHARGED WITH THE OFFENSE, AT THE
TIME THE PERSON CONSUMED, SMOKED, SNIFFED, INJECTED, OR OTHERWISE 58
INGESTED THE SUBSTANCE THAT CAUSED THE INTOXICATION, DID NOT KNOW 59
THAT THE SUBSTANCE WAS AN INTOXICATING SUBSTANCE. 60
(D) As used in this section: 62
(1) Possession is a voluntary act if the possessor 64
knowingly procured or received the thing possessed, or was aware 65
of his THE POSSESSOR'S control thereof OF THE THING POSSESSED for 67
a sufficient time to have ended his possession. 68
(2) Reflexes, convulsions, body movements during 70
unconsciousness or sleep, and body movements that are not 71
otherwise a product of the actor's volition, are involuntary 72
acts. 73
(3) "Culpability" means purpose, knowledge, recklessness, 75
or negligence, as defined in section 2901.22 of the Revised Code. 76
Section 2. That existing section 2901.21 of the Revised 78
Code is hereby repealed. 79