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(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense under this General Offenses Code, shall engage in conduct which, if successful, would constitute or result in the offense.
(b) It is no defense to a charge under this section that, in retrospect, commission of the offense which was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
(c) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
(d) It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense, an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
(ORC 2923.02)
(a) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
(1) Solicit or procure another to commit the offense;
(2) Aid or abet another in committing the offense;
(3) Conspire with another to commit the offense in violation of Ohio R.C. 2923.01 (Conspiracy);
(4) Cause an innocent or irresponsible person to commit the offense.
(b) It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
(c) No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Section 501.09.
(d) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court, when it charges the jury, shall state substantially the following:
“The testimony of an accomplice does not become inadmissible because of his or her complicity, moral turpitude or self-interest, but the admitted or claimed complicity of a witness may affect his or her credibility and make his or her testimony subject to grave suspicion and require that it be weighed with great caution.
“It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth.”
(e) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(f) Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were the principal offender. A charge of complicity may be stated in terms of this section or in terms of the principal offense.
(ORC 2923.03)
(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 his 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, such 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 his 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, such 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 his office or employment.
(b) When 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 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)
(a) An officer, agent or employee of an organization as defined in Section 501.11 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 apply:
(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)
(b) This victim notification requirement is consistent with and in addition to notification required by Ohio Revised Code Chapter 2930.
(c) In addition, in the event that a death occurs as the result of actions by a person charged and prosecuted with a traffic offense within the City of Lakewood, the law department of the City of Lakewood shall, to the extent practicable, notify the victim’s family or representative of the charge or charges brought against the defendant, the appropriate court dates, and the disposition of the charges. If no charge or charges result from the death, then the victim’s family or representative shall be so notified.
(d) The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency. (Ord. 150-02. Passed 12-16-02.)
(a) Whoever is convicted of or pleads guilty to a misdemeanor shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section:
Classification of Misdemeanor | Maximum Term of Imprisonment | Maximum Fine |
First degree | 6 months | $1,000.00 |
Second degree | 90 days | 750.00 |
Third degree | 60 days | 500.00 |
Fourth degree | 30 days | 250.00 |
Minor | No imprisonment | 150.00 |
(ORC 2929.28)
(b) Regardless of the penalties provided in subsection (a) hereof, an organization convicted of an offense pursuant to Section 501.11 shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor | Maximum Fine |
First degree | $5000.00 |
Second degree | 4000.00 |
Third degree | 3000.00 |
Fourth degree | 2000.00 |
Minor | 1000.00 |
Misdemeanor not specifically classified | 2000.00 |
Minor misdemeanor not specifically classified | 1000.00 |
(1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this subsection (b).
(2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this subsection (b), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.
(3) This subsection (b) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 501.11, either in addition to or in lieu of a fine imposed pursuant to this subsection (b).
(Ord. 68-04. Passed 6-7-04.)