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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 318 |
REPRESENTATIVES WILLAMOWSKI-TAYLOR-BUCHY-BUEHRER-CLANCY-
CORBIN-FLANNERY-GRENDELL-HOOPS-JACOBSON-JONES-FERDERBER-
MAIER-NETZLEY-PADGETT-PRINGLE-SCHURING-TERWILLEGER-TIBERI-
TRAKAS-YOUNG-DePIERO-JERSE-GOODMAN-DAMSCHRODER-ROMAN-HOLLISTER-
CAREY-JORDAN-EVANS-D.MILLER-CATES-ASLANIDES-OLMAN-METZGER-
HARRIS-WIDENER-CALVERT-VESPER-SALERNO
A BILL
To amend section 2901.21 of the Revised Code relative to the criminal
liability of a person who is
intoxicated.
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
follows:
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:
(1) His THE PERSON'S liability is based on conduct which
THAT
includes
either a voluntary act, or an omission to perform an act or duty
which he THAT THE PERSON is capable of performing;
(2) He THE PERSON has the requisite degree of culpability for
each
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
to be
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
offense.
(C) VOLUNTARY INTOXICATION IS NOT A DEFENSE TO A CHARGE OF A CRIMINAL
OFFENSE. VOLUNTARY INTOXICATION IS NOT A
FACTOR THAT NEGATES THE EXISTENCE OF A CULPABLE MENTAL STATE. VOLUNTARY
INTOXICATION DOES NOT NEGATE THE ABILITY OF
A PERSON TO PERFORM AN ACT OR DUTY THAT THE PERSON WOULD HAVE BEEN CAPABLE OF
PERFORMING BUT FOR THE VOLUNTARY INTOXICATION.
(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
of 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
acts.
(3) "Culpability" means purpose, knowledge, recklessness,
or negligence, as defined in section 2901.22 of the Revised Code.
Section 2. That existing section 2901.21 of the Revised Code is hereby
repealed.
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