606.06 LIMITATION ON CRIMINAL PROSECUTIONS.

   (a)   Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

      (1)   For misdemeanor other than a minor misdemeanor, two years;

      (2)   For a minor misdemeanor, six months.

   (b)   If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by his legal representative who is not himself a party to the offense.

   (c)   (1)   If the period of limitation provided in this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:

         A.   For an offense involving misconduct in office by a public servant at any time while the accused remains a  public servant, or within two years thereafter;

         B.   For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.

      (2)   As used in this subsection:

         A.   An “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of Ohio R.C. 101.71, 101.91, 121.61 or 2921.13, division (F) or (H) of Ohio R.C. 102.03, division (A) of Ohio R.C. 2921.02, division (A) or (B) of Ohio R.C. 2921.43, or division (F) or (G) of Ohio R.C. 3517.13, that is directly related to an offense involving misconduct in office of a public servant.

         B.   “Public servant” has the same meaning as in Section 606.01 .

   (d)   An offense is committed when every element of the offense occurs.  In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.

   (e)   A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs first.  A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same.  A prosecution is not commenced upon issuance of a warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same.

   (f)   The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

   (g)   The period of limitation shall not run during any time when the accused purposely avoids prosecution.  Proof that the accused absented himself from this Municipality or concealed his identity or whereabouts is prima-facie evidence of his purpose to avoid prosecution.

   (h)   The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information or process that commenced the prosecution is quashed or the proceedings on the indictment, information or process are set aside or reversed on appeal.

   (i)   The period of limitation for a violation of any provision of this General Offenses Code that involves a physical or mental wound, injury, disability or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a child with a developmental disability or physical impairment under twenty-one years of age shall not begin to run until either of the following occurs:

      (1)   The victim of the offense reaches the age of majority.

      (2)   A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.  (ORC 2901.13)

   (j)   This section shall not apply to prosecutions commenced within the period of limitations set forth in Ohio R.C. 718.12(B) for violations of the Municipal income tax ordinance.

606.07 REQUIREMENTS FOR CRIMINAL LIABILITY.

   (a)   Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:

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

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

   (b)   When the language 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 the section, then culpability is not required for a person to be guilty of the offense. The fact that one subsection of a section plainly indicates a purpose to impose strict liability for an offense defined in that subsection does not by itself plainly indicate a purpose to impose strict criminal liability for an offense defined in other subsections of the section that do not specify a degree of culpability.

   (c)   (1)   When language defining an element of an offense that is related to knowledge or intent or to which mens rea could fairly be applied neither specifies culpability nor plainly indicates a purpose to impose strict liability, the element of the offense is established only if a person acts recklessly.

      (2)   Subsection (c)(1) of this section does not apply to offenses defined in the Traffic Code.

      (3)   Subsection (c)(1) of this section does not relieve the prosecution of the burden of proving the culpable mental state required by any definition incorporated into the offense.

   (d)   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.

   (e)   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 the possessor’s control of the thing possessed for a sufficient time to have ended 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 606.02.

      (4)   “Intoxication” includes, but is not limited to, intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug. 

         (ORC 2901.21)

606.08 ORGANIZATIONAL CRIMINAL LIABILITY.

   (a)   An organization may be convicted of an offense under any of the following circumstances:

      (1)   The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer's, agent's or employee's office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.

      (2)   A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer's, agent's or employee's office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.

      (3)   The offense consists of an omission to discharge a specific duty imposed by law on the organization.

      (4)   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of such a board's or person's office or employment.

   (b)   If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.

   (c)   In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission.  This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.

   (d)   As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust or other commercial or legal entity.  "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program. 
(ORC 2901.23)

606.09 PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.

   (a)    An officer, agent or employee of an organization may be prosecuted for an offense committed by such organization if he acts with the kind of culpability required for the commission of the offense and any of the following applies:

      (1)    In the name of the organization or in its behalf he engages in conduct constituting the offense or causes another to engage in such conduct or tolerates such conduct when it is of a type for which he has direct responsibility;

      (2)    He has primary responsibility to discharge a duty imposed on the organization by law and such duty is not discharged.

   (b)    When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf. (ORC 2901.24)

606.10 FALSIFICATION.

   (a)   No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

      (1)   The statement is made in any official proceeding.

      (2)   The statement is made with purpose to incriminate another.

      (3)   The statement is made with purpose to mislead a public official in performing the public official’s official function.

      (4)   The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in Ohio R.C. 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.

      (5)   The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release or provider agreement.

      (6)   The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.

      (7)   The statement is in writing on or in connection with a report or return that is required or authorized by law.

      (8)   The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person’s detriment.

      (9)   The statement is made with purpose to commit or facilitate the commission of a theft offense.

      (10)   The statement is knowingly made to a probate court in connection with any action, proceeding or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint or other pleading, or an inventory, account or report.

      (11)   The statement is made on an account, form, record, stamp, label or other writing that is required by law.

      (12)   The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.

      (13)   The statement is required under Ohio R.C. 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.

   (b)   It is no defense to a charge under subsection (a)(6) hereof that the oath or affirmation was administered or taken in an irregular manner.

   (c)   If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.

   (d)   (1)   Whoever violates any provision of subsection (a)(1) to (8) or (10) to (13) hereof is guilty of falsification, a misdemeanor of the first degree.

      (2)    Whoever violates subsection (a)(9) hereof is guilty of falsification in a theft offense, a misdemeanor of the first degree.  If the value of the property or services stolen is one thousand dollars ($1,000) or more, falsification in a theft offense is a felony and shall be prosecuted under appropriate State law. 

   (e)   A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this section.  A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

(ORC 2921.13)

606.105 FALSE REPORT OF CHILD ABUSE OR NEGLECT.

   (a)    No person shall knowingly make or cause another person to make a false report under Ohio R.C. 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in Ohio R.C. 2151.031 or a neglected child as defined in Ohio R.C. 2151.03.

   (b)    Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. 
(ORC 2921.14)

606.11 COMPOUNDING A CRIME.

   (a)    No person shall knowingly demand, accept or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.

   (b)    It is an affirmative defense to a charge under this section when both of the following apply:

      (1)    The pending prosecution involved is for a violation of Section 642.02,  642.14, 642.15(b)(2) or 642.29 of this General Offenses Code, or of Ohio R.C. 2913.02, 2913.11, 2913.21(B)(2) or 2913.47, in which the actor under this section was the victim.

      (2)    The thing of value demanded, accepted or agreed to be accepted in  consideration of abandoning or agreeing to abandon the prosecution did not exceed an amount that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.

   (c)    When a prosecuting witness abandons or agrees to abandon a prosecution under subsection (b) hereof, the abandonment or agreement in no way binds the Municipality to abandoning the prosecution.

   (d)    Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.

(ORC 2921.21)

606.12 FAILURE TO REPORT A CRIME, INJURY OR KNOWLEDGE OF DEATH.

   (a)   (1)   Except as provided in subsection (a)(2) hereof, no person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.

      (2)   No person, knowing that a violation of division (B) of Ohio R.C. 2913.04 has been, or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.

   (b)   Except for conditions that are within the scope of subsection (e) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.

   (c)   No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained.  For purposes of this subsection (c), “advanced practice registered nurse” does not include a certified registered nurse anesthetist.

   (d)   No person shall fail to provide upon request of the person to whom a report required by subsection (c) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within the person’s knowledge that may have a bearing on the investigation of the death.

   (e)   (1)   As used in this subsection, “burn injury” means any of the following:

         A.   Second or third degree burns;

         B.   Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air;

         C.   Any burn injury or wound that may result in death;

         D.   Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by Ohio R.C. 3743.01.

      (2)   No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury that is inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.

      (3)   No manager, superintendent or other person in charge of a hospital, sanitarium or other medical facility in which a person is attended or treated for any burn injury that is inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.

      (4)   No person who is required to report any burn injury under subsection (e)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the State Fire Marshal.  The report shall comply with the uniform standard developed by the State Fire Marshal pursuant to Ohio R.C. 3737.22(A)(15).

      (5)   Anyone participating in the making of reports under subsection (e) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions.  Notwithstanding Ohio R.C.  4731.22, the physician-patient relationship or advanced practice registered nurse-patient relationship is not a ground for excluding evidence regarding a person’s burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under subsection (e) of this section.

   (f)   (1)   Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in Ohio R.C. 3113.31, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.

      (2)   Notwithstanding Ohio R.C. 4731.22, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under subsection (f)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.

   (g)   Subsections (a) and (d) of this section do not require disclosure of information, when any of the following applies:

      (1)   The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.

      (2)   The information would tend to incriminate a member of the actor’s immediate family.

      (3)   Disclosure of the information would amount to revealing a news source, privileged under Ohio R.C. 2739.04 or 2739.12.

      (4)   Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member of the clergy in that member’s capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.

      (5)   Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to Ohio R.C. 5119.36.

      (6)   Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Ohio R.C. 2907.02 or 2907.05 or to victims of felonious sexual penetration in violation of former Ohio R.C. 2907.12.  As used in this subsection, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.

   (h)   No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.

   (i)   Whoever violates subsection (a) or (b) of this section is guilty of failure to report a crime.  Violation of subsection (a)(1) of this section is a misdemeanor of the fourth degree.  Violation of subsection (a)(2) or (b) of this section is a misdemeanor of the second degree.

   (j)   Whoever violates subsection (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.

   (k)   (1)   Whoever negligently violates subsection (e) of this section is guilty of a minor misdemeanor.

      (2)   Whoever knowingly violates subsection (e) of this section is guilty of a misdemeanor of the second degree.

   (l)   As used in this section, “nurse” includes an advanced practice registered nurse, registered nurse, and licensed practical nurse. 

(ORC 2921.22)

606.13 FAILURE TO AID A LAW ENFORCEMENT OFFICER.

   No person shall negligently fail or refuse to aid a law enforcement officer when called upon for assistance in preventing or halting the commission of an offense or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

(ORC 2921.23)