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(123rd General Assembly)(Substitute House Bill Number 318)
To amend section 2901.21 of the Revised Code relative to the criminal
liability of a person who is
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2901.21 of the Revised Code be amended to read as
Sec. 2901.21. (A) Except as provided in division (B) of
this section, a person is not guilty of an offense unless both of
the following apply:
His The person's liability is based on conduct which
either a voluntary act, or an omission to perform an act or duty
which he that the person is capable of performing;
He The person has the requisite degree of culpability for
element as to which a culpable mental state is specified by the
section defining the offense.
(B) When the section defining an offense does not specify
any degree of culpability, and plainly indicates a purpose to
impose strict criminal liability for the conduct described in
such the section, then culpability is not required for a person
guilty of the offense. When the section neither specifies
culpability nor plainly indicates a purpose to impose strict
liability, recklessness is sufficient culpability to commit the
(C) VOLUNTARY INTOXICATION MAY NOT BE TAKEN INTO CONSIDERATION IN
DETERMINING THE EXISTENCE OF A MENTAL STATE THAT IS AN ELEMENT OF
A CRIMINAL OFFENSE. VOLUNTARY INTOXICATION DOES NOT RELIEVE A
PERSON OF A DUTY TO ACT IF FAILURE TO ACT CONSTITUTES A CRIMINAL
OFFENSE. EVIDENCE THAT A PERSON WAS VOLUNTARILY INTOXICATED MAY
BE ADMISSIBLE TO SHOW WHETHER OR NOT THE PERSON WAS PHYSICALLY
CAPABLE OF PERFORMING THE ACT WITH WHICH THE PERSON IS CHARGED.
(D) As used in this section:
(1) Possession is a voluntary act if the possessor
knowingly procured or received the thing possessed, or was aware
his the possessor's control thereof of the thing
possessed for a sufficient time to
have ended his possession.
(2) Reflexes, convulsions, body movements during
unconsciousness or sleep, and body movements that are not
otherwise a product of the actor's volition, are involuntary
(3) "Culpability" means purpose, knowledge, recklessness,
or negligence, as defined in section 2901.22 of the Revised Code.
(4) "Intoxication" includes, but is not limited to, intoxication
resulting from the ingestion of alcohol, a drug, or alcohol and a drug.
SECTION 2 . That existing section 2901.21 of the Revised Code is hereby