(a) Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply:
(1) His or her liability is based on conduct which includes either a voluntary act or an omission to perform an act or duty which he or she is capable of performing;
(2) He or she 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 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 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 of his or her control thereof for a sufficient time to have ended his or her 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 501.02, or any other specific mental state required by any section of this General Offenses Code.
(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)