As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 361


Senator Seitz 

Cosponsors: Senators Eklund, Obhof, LaRose, Bacon, Patton 

A BILL
To amend sections 2901.21 and 2901.22 and to enact 1
section 2901.20 of the Revised Code to clarify 2
when strict criminal liability is imposed or a 3
degree of culpability is required for the 4
commission of an offense, to modify the concept of 5
acting recklessly, and to require that future acts 6
creating criminal offenses specify the requisite 7
degree of culpability.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2901.21 and 2901.22 be amended and 9
section 2901.20 of the Revised Code be enacted to read as follows:10

       Sec. 2901.20.  (A) Every act enacted on or after the 11
effective date of this section that creates a new criminal offense 12
shall specify the degree of mental culpability required for 13
commission of the offense. An act enacted in violation of this 14
section is void.15

        (B) This section does not apply to the amendment of a 16
criminal offense that existed on the effective date of this 17
section, but it does apply to a new criminal offense added to a 18
statute that existed on the effective date of this section.19

       Sec. 2901.21.  (A) Except as provided in division (B) of this 20
section, a person is not guilty of an offense unless both of the 21
following apply:22

       (1) The person's liability is based on conduct that includes 23
either a voluntary act, or an omission to perform an act or duty 24
that the person is capable of performing;25

       (2) The person has the requisite degree of culpability for 26
each element as to which a culpable mental state is specified by 27
the sectionlanguage defining the offense.28

       (B) When the sectionlanguage defining an offense does not 29
specify any degree of culpability, and plainly indicates a purpose 30
to impose strict criminal liability for the conduct described in 31
the section, then culpability is not required for a person to be 32
guilty of the offense. The fact that one division of a section 33
plainly indicates a purpose to impose strict liability for an 34
offense defined in that division does not by itself plainly 35
indicate a purpose to impose strict criminal liability for an 36
offense defined in other divisions of the section that do not 37
specify a degree of culpability.38

        (C)(1) When the sectionlanguage defining an element of an 39
offense neither specifies culpability nor plainly indicates a 40
purpose to impose strict liability, recklessness is sufficient 41
culpability to commit the offensethe element of the offense is 42
established only if a person acts recklessly.43

        (2) Division (C) of this section does not apply to offenses 44
defined in Title XLV of the Revised Code.45

       (3) Division (C) of this section does not relieve the 46
prosecution of the burden of proving the culpable mental state 47
required by any definition incorporated into the offense.48

       (C)(E) Voluntary intoxication may not be taken into 49
consideration in determining the existence of a mental state that 50
is an element of a criminal offense. Voluntary intoxication does 51
not relieve a person of a duty to act if failure to act 52
constitutes a criminal offense. Evidence that a person was 53
voluntarily intoxicated may be admissible to show whether or not 54
the person was physically capable of performing the act with which 55
the person is charged.56

       (D)(F) As used in this section:57

       (1) Possession is a voluntary act if the possessor knowingly 58
procured or received the thing possessed, or was aware of the 59
possessor's control of the thing possessed for a sufficient time 60
to have ended possession.61

       (2) Reflexes, convulsions, body movements during 62
unconsciousness or sleep, and body movements that are not 63
otherwise a product of the actor's volition, are involuntary acts.64

       (3) "Culpability" means purpose, knowledge, recklessness, or 65
negligence, as defined in section 2901.22 of the Revised Code.66

       (4) "Intoxication" includes, but is not limited to, 67
intoxication resulting from the ingestion of alcohol, a drug, or 68
alcohol and a drug.69

       Sec. 2901.22.  (A) A person acts purposely when it is histhe 70
person's specific intention to cause a certain result, or, when 71
the gist of the offense is a prohibition against conduct of a 72
certain nature, regardless of what the offender intends to 73
accomplish thereby, it is histhe offender's specific intention to 74
engage in conduct of that nature.75

       (B) A person acts knowingly, regardless of his purpose, when 76
hethe person is aware that histhe person's conduct will probably 77
cause a certain result or will probably be of a certain nature. A 78
person has knowledge of circumstances when hethe person is aware 79
that such circumstances probably exist. When knowledge of the 80
existence of a particular fact is an element of an offense, such 81
knowledge is established if a person subjectively believes that 82
there is a high probability of its existence and fails to make 83
inquiry or acts with a conscious purpose to avoid learning the 84
fact.85

       (C) A person acts recklessly when, with heedless indifference 86
to the consequences, he perverselythe person disregards a known87
substantial and unjustifiable risk that histhe person's conduct 88
is likely to cause a certain result or is likely to be of a 89
certain nature. A person is reckless with respect to circumstances 90
when, with heedless indifference to the consequences, he 91
perverselythe person disregards a knownsubstantial and 92
unjustifiable risk that such circumstances are likely to exist.93

       (D) A person acts negligently when, because of a substantial 94
lapse from due care, hethe person fails to perceive or avoid a 95
risk that histhe person's conduct may cause a certain result or 96
may be of a certain nature. A person is negligent with respect to 97
circumstances when, because of a substantial lapse from due care,98
hethe person fails to perceive or avoid a risk that such 99
circumstances may exist.100

       (E) When the section defining an offense provides that 101
negligence suffices to establish an element thereof, then 102
recklessness, knowledge, or purpose is also sufficient culpability 103
for such element. When recklessness suffices to establish an 104
element of an offense, then knowledge or purpose is also 105
sufficient culpability for such element. When knowledge suffices 106
to establish an element of an offense, then purpose is also 107
sufficient culpability for such element.108

       Section 2.  That existing sections 2901.21 and 2901.22 of the 109
Revised Code are hereby repealed.110