PART FIVE - GENERAL OFFENSES CODE
            Chap. 501.   General Provisions and Penalty.
            Chap. 505.   Animals.
            Chap. 509.   Peace Disturbances.
            Chap. 513.   Drugs.
            Chap. 517.   Gambling.
            Chap. 521.   Safety, Sanitation and Health.
            Chap. 525.   Administration, Enforcement and Public Service.
            Chap. 529.   Alcoholic Beverages.
            Chap. 533.   Sex Related Offenses.
            Chap. 537.   Offenses Relating to Persons.
            Chap. 541.   Offenses Relating to Property.
            Chap. 545.   Theft and Fraud.
            Chap. 549.   Weapons and Explosives.
CHAPTER 501
General Provisions and Penalty
501.01   Definitions.
501.02   Classification of offenses.
501.03   Offenses defined.
501.04   Rules of construction.
501.05   Criminal law jurisdiction.
501.06   Limitation on criminal prosecutions.
501.07   Requirements for criminal liability; voluntary intoxication.
501.08   Culpable mental states.
501.09   Attempt.
501.10   Complicity.
501.11   Organizational criminal liability.
501.12   Personal accountability for organizational conduct.
501.13   Imposing sentence for misdemeanor.
501.14   Multiple sentences.
501.15   Modification of sentence. (Repealed)
501.16   Suspension of driver's license.
501.17   Self defense: limitations on duty to retreat prior to using force.
501.99   General penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Definition of “imprisoned” - see Ohio R.C. 1.05
   Statute of limitations for income tax violations - see Ohio R.C. 718.06
   Burden and degree of proof - see Ohio R.C. 2901.05
   Venue - see Ohio R.C. 2901.12, 2931.29 et seq.
501.01   DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   “Campaign committee,” “contribution,” “legislative campaign fund,” “political action committee,” “political contributing entity,” and “political party.”  Have the same meanings as in Ohio R.C. 3517.01.
   (b)   “Contraband.”  Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. “Contraband” includes, but is not limited to, all of the following:
      (1)   Any controlled substance, as defined in Ohio R.C. 3719.01, or any device or paraphernalia related thereto;
      (2)   Any unlawful gambling device or paraphernalia;
      (3)   Any dangerous ordnance or obscene material.
   (c)   “Deadly force.”  Any force that carries a substantial risk that it will proximately result in the death of any person.
   (d)   “Detention.”  Arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this State into this State by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B).  For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, “detention” includes time spent at an assigned work site and going to and from the work site.
   (e)   “Detention facility.”  Any public or private place used for the confinement of a person charged with or convicted of any crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this State or another state or under the laws of the United States.
   (f)   “Force.”  Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
   (g)   “Law enforcement officer.”  Any of the following:
      (1)   A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D) or state highway patrol trooper.
      (2)   An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority.
      (3)   The Mayor, in a capacity as chief conservator of the peace within the Municipality.
      (4)   A member of an auxiliary police force organized by the county, township, or municipal law enforcement authorities, within the scope of the member’s appointment or commission.
      (5)   A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called.
      (6)   A person appointed by a Mayor pursuant to Ohio R.C. 737.01 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the person is appointed.
      (7)   A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence.
      (8)   A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor.
      (9)   An Ohio veterans’ home police officer appointed under Ohio R.C. 5907.02.
      (10)   A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y).
      (11)   A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.
      (12)   The House of Representatives Sergeant at Arms if the House of Representatives Sergeant at Arms has arrest authority pursuant to Ohio R.C. 101.311(E)(1) and an Assistant House of Representatives Sergeant at Arms.
      (13)   The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;
      (14)   A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. Parts 1542 and 1544, as amended.
   (h)   “Not guilty by reason of insanity.”  A person is “not guilty by reason of insanity” relative to a charge of an offense only if the person proves, in the manner specified in Ohio R.C. 2901.05, that at the time of the commission of the offense, he or she did not know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.
   (i)   “Offense of violence.”
      (1)   A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) or R.C. § 2903.34, of division (A)(1), (2)or (3) of Ohio R.C. 2911.12, or of division (B)(1), (2), (3) or (4) of Ohio R.C. 2919.22, or felonious sexual penetration in violation of former Ohio R.C. 2907.12;
      (2)   A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;
      (3)   An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or of the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
      (4)   A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3) of this definition.
   (j)   “Official proceeding.”  Any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a disposition in connection with an official proceeding.
   (k)   “Party official.”  Any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.
   (l)   “Person.”
      (1)   A.   Subject to division (2) of this definition, as used in any section contained in this General Offenses Code that sets forth a criminal offense, “person” includes all of the following:
            1.   An individual, corporation, business trust, estate, trust, partnership and association.
            2.   An unborn human who is viable.
         B.   As used in any section contained in this General Offenses Code that does not set forth a criminal offense, “person” includes an individual, corporation, business trust, estate, partnership and association.
         C.   As used in division (1)A.2. of this definition, “unborn human” means an individual organism of the species Homo sapiens from fertilization until live birth.  “Viable” means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
      (2)   Notwithstanding division (1)A. of this definition, in no case shall the portion of the definition of the term “person” that is set forth in division (1)A.2. of this definition be applied or construed in any section contained in this General Offenses Code that sets forth a criminal offense in any of the following manners:
         A.   Except as otherwise provided in division (2)A. of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman.  An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or any substantially similar municipal ordinance, as applicable.  An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18, or any substantially similar municipal ordinance, may be punished as a violation of such section, as applicable.  Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with Ohio R.C. 2919.12.
         B.   In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
            1.   Her delivery of a stillborn baby.
            2.   Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
            3.   Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
            4.   Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
            5.   Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
   (m)   “Physical harm to persons.”  Any injury, illness, or other physiological impairment, regardless of its gravity or duration.
   (n)   “Physical harm to property.”  Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment.  “Physical harm to property” does not include wear and tear occasioned by normal use.
   (o)   “Privilege.”  An immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity.
   (p)   “Property.”
      (1)   Any property, real or personal, tangible or intangible, and any interest or license in that property.  “Property” includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human- readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent.  “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
      (2)   As used in this definition, “trade secret” has the same meaning as in Ohio R.C. 1333.61, and “telecommunications service” and “information service” have the same meanings as in Ohio R.C. 2913.01.
      (3)   As used in this definition and in the definition of “contraband” in this section, “cable television service,” “computer,” “computer network,” “computer software,” “computer system,” “data,” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01.
   (q)   “Provider agreement.” Has the same meaning as in R.C. § 5164.01.
   (r)   “Public official.”  Any elected or appointed officer, employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers.  The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under Ohio R.C. 187.01.
   (s)   “Public servant.”
      (1)   Any of the following:
         A.   Any public official.
         B.   Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.
         C.   A person who is a candidate for public office, whether or not he or she is elected or appointed to the office for which he or she is a candidate.  A person is a candidate for purposes of this division if he or she has been nominated according to law for election or appointment to public office, or if he or she has filed a petition or petitions as required by law to have his or her name placed on the ballot in a primary, general, or special election, or if he or she campaigns as a write- in candidate in any primary, general, or special election.
      (2)   The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under Ohio R.C. 187.01.
   (t)   “Risk.”  A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
   (u)   “School,” “school building,” and “school premises.”  Have the same meanings as in Ohio R.C. 2925.01.
   (v)   “School activity.”  Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district, a governing board of an educational service center, or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.
   (w)   “School bus.”  Has the same meaning as in Ohio R.C. 4511.01.
   (x)   “School safety zone.”  Consists of a school, school building, school premises, school activity, and school bus.
   (y)   “Serious physical harm to persons.”  Any of the following:
      (1)   Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
      (2)   Any physical harm that carries a substantial risk of death;
      (3)   Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
      (4)   Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
      (5)   Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.
   (z)   “Serious physical harm to property.”  Any physical harm to property that does either of the following:
      (1)   Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;
      (2)   Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time.
   (aa)   “Substantial risk.”  A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
   (bb)   “Valuable thing” or “valuable benefit.”  Includes, but is not limited to, a contribution.  This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.
(ORC 2901.01, 2921.01, 2935.36(E))
501.02   CLASSIFICATION OF OFFENSES.
   As used in this General Offenses Code:
   (a)   Offenses include misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.
   (b)   Regardless of the penalty that may be imposed, any offense specifically classified as a misdemeanor is a misdemeanor.
   (c)   Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.
   (d)   Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:
      (1)   For an offense  committed prior to January 1, 2004, a fine not exceeding one hundred dollars ($100.00);
      (2)   For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars ($150.00), community service under Ohio R.C. 2929.27(D), or a financial sanction other than a fine under Ohio R.C. 2929.28.
(ORC 2901.02)
501.03   OFFENSES DEFINED.
   (a)   No conduct constitutes a criminal offense against the Municipality unless it is defined as an offense in this General Offenses Code.
   (b)   An offense is defined when one or more sections of this General Offenses Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
   (c)   This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment or decree.
(ORC 2901.03)
501.04   RULES OF CONSTRUCTION.
   (a)   Except as otherwise provided in division (c) or (d) of this section, sections of this General Offenses Code defining offenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused.
   (b)   Rules of criminal procedure and sections of this General Offenses Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice.
   (c)   Any provision of a section of this General Offenses Code that refers to a previous conviction of or plea of guilty to a violation of a section of this General Offenses Code, the Ohio Revised Code or a division of a section of this General Offenses Code or the Ohio Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this Municipality, State, another state, or the United States or under an existing or former municipal ordinance.
   (d)   Any provision of this General Offenses Code that refers to a section, or to a division of a section, of this General Offenses Code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this State, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense.
(ORC 2901.04)
501.05   CRIMINAL LAW JURISDICTION.
   (a)   A person is subject to criminal prosecution and punishment in this Municipality if any of the following occur:
      (1)   The person commits an offense under the laws of this Municipality, any element of which takes place in this Municipality;
      (2)   While in this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality and the other jurisdiction;
      (3)   While out of this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this Municipality;
      (4)   While out of this Municipality, the person omits to perform a legal duty imposed by the laws of this Municipality, which omission affects a legitimate interest of the Municipality in protecting, governing or regulating any person, property, thing, transaction, or activity in this Municipality;
      (5)   While out of this Municipality, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this Municipality;
      (6)   While out of this Municipality, the person unlawfully takes or entices another person and subsequently brings the other person into this Municipality;
      (7)   The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image or other telecommunication to be disseminated or transmitted into this Municipality in violation of the law of this State or Municipality.
   (b)   This Municipality includes the land and water within its boundaries and the air space above that land and water, with respect to which this Municipality has either exclusive or concurrent legislative jurisdiction.  Where the boundary between this Municipality and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this Municipality for purposes of this section.
   (c)   When an offense is committed under the laws of this Municipality, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this Municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this Municipality for purposes of this section.
   (d)   As used in this section, “computer,” “computer system,” “computer network,” “information service,” “telecommunication,” “telecommunications device,” “telecommunications service,” “data” and “writing” have the same meanings as in Ohio R.C. 2913.01.
(ORC 2901.11(A), (C)(1), (D), (E))
501.06   LIMITATION ON CRIMINAL PROSECUTIONS.
   (a)   (1)   Except as provided in division (a)(2), (a)(3) or (a)(4) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
         A.   For a felony, six years;
         B.   For a misdemeanor other than a minor misdemeanor, two years;
         C.   For a minor misdemeanor, six months.
      (2)   There is no period of limitation for the prosecution of a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02.
      (3)   Except as otherwise provided in divisions (b) to (j) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within 20 years after the offense is committed:
         A.   A violation of Ohio R.C. 2903.03, 2903.04, 2905.01, 2905.32, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02, a violation of Ohio R.C. 2903.11 or 2903.12 if the victim is a peace officer, a violation of Ohio R.C. 2903.13 that is a felony, or a violation of former Ohio R.C. 2907.12.
         B.   A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (a)(3)A. of this section.
      (4)   Except as otherwise provided in divisions (d) to (l) of this section, a prosecution of a violation of R.C. § 2907.02 or 2907.03 or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section shall be barred unless it is commenced within 25 years after the offense is committed.
   (b)   (1)   Except as otherwise provided in division (b)(2) of this section, if the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of fiduciary duty within one year after discovery of the offense either by an aggrieved person or by the aggrieved person’s legal representative who is not a party to the offense.
      (2)   If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution for a violation of Ohio R.C. 2913.49 shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.
   (c)   (1)   If the period of limitation provided in division (a)(1) or (a)(3) of 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 division:
         A.   The phrase “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, 102.03(F) or (H), 2921.02(A), 2921.43(A) or (B), or 3517.13(F) or (G), that is directly related to an offense involving misconduct in office of a public servant, or a violation of any municipal ordinance substantially equivalent to those Ohio Revised Code sections listed in this division (c)(2)A.
         B.   “Public servant” has the same meaning as in Ohio R.C. 2921.01.
   (d)   (1)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. § 2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.
      (2)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. § 2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is within 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of 25 years after the offense is committed or five years after the determination is complete.
      (3)   As used in this division, “DNA record” has the same meaning as in R.C. § 109.573.
   (e)   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.
   (f)   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.
   (g)   The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
   (h)   The period of limitation shall not run during any time when the accused purposely avoids prosecution.  Proof that the accused departed this Municipality or conceals the accused’s identity or whereabouts is prima facie evidence of the accused’s purpose to avoid prosecution.
   (i)   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.
   (j)   As used in this section, “peace officer” has the same meaning as in Ohio R.C. 2935.01.
   (k)   The amendments to divisions (a) and (d) of this section apply to a violation of R.C. § 2907.02 or 2907.03 committed on and after July 16, 2015, and apply to a violation of either of those sections committed prior to July 16, 2015, if prosecution for that violation was not barred under this section as it existed on July 15, 2015.
(ORC 2901.13)
501.07   REQUIREMENTS FOR CRIMINAL LIABILITY; VOLUNTARY INTOXICATION.
   (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)   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 division of a section plainly indicates a purpose to impose strict liability for an offense defined in that division does not by itself plainly indicate a purpose to impose strict criminal liability for an offense defined in other divisions 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)   Division (c)(1) of this section does not apply to offenses defined in R.C. Title XLV.
      (3)   Division (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)   “Culpability.”  Purpose, knowledge, recklessness, or negligence, as defined in Ohio R.C. 2901.22.
      (2)   “Intoxication.”  Includes but is not limited to intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.
      (3)   “Involuntary acts.”  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.
      (4)   “Possession.”  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.
(ORC 2901.21)
501.08   CULPABLE MENTAL STATES.
   (a)   A person acts purposely when it is the person’s specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender’s specific intention to engage in conduct of that nature.
   (b)   A person acts knowingly, regardless of purpose, when the person is aware that the person’s conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.
   (c)   A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
   (d)   A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person’s conduct may cause a certain result or may be of a certain nature.  A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
   (e)   When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, or purpose is also sufficient culpability for such element.  When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element.  When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.
(ORC 2901.22)
501.09   ATTEMPT.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, 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 that 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 attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted.  In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is 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.  In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law.  An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
   (f)   As used in this section:
      (1)   “Drug abuse offense” has the same meaning as in Ohio R.C. 2925.01.
      (2)   “Motor vehicle” has the same meaning as in Ohio R.C. 4501.01.
(ORC 2923.02)
501.10   COMPLICITY.
   (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;
      (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 Ohio R.C. 2923.02 or a substantially similar municipal ordinance.
   (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 shall charge the jury in accordance with Ohio R.C. 2923.03(D).
   (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 a principal offender.  A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
501.11   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)
501.12   PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
   (a)   An officer, agent, or employee of an organization, as defined in Ohio R.C. 2901.23, may be prosecuted for an offense committed by such organization, if he or she 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 or she 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 or she has direct responsibility;
      (2)   He or she 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 or she is subject to the same penalty as if he or she had acted in his or her own behalf.
(ORC 2901.24)
501.13   IMPOSING SENTENCE FOR MISDEMEANOR.
   (a)   (1)   Unless a mandatory jail term is required to be imposed by Ohio R.C. 1547.99(G), 4510.14(B), or 4511.19(G), or any other provision of the Revised Code, or any municipal ordinance, a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in Section 501.99.
      (2)   Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of Sections 533.99 or 501.99 of this Code or Ohio R.C. 2929.23 to 2929.28, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under Section 501.99(b) to (f). The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
   (b)   (1)   In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:
         A.   The nature and circumstances of the offense or offenses;
         B.   Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender's character and condition reveal a substantial risk that the offender will commit another characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;
         D.   Whether the victim's youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;
         E.   Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (b)(1)B. and C. of this section.
         F.   Whether the offender has an emotional, mental, or physical condition that is traceable to the offender’s service in the armed forces of the United States and that was a contributing factor in the offender’s commission of the offense or offenses;
         G.   The offender’s military service record.
      (2)   In determining the appropriate sentence for a misdemeanor, in addition to complying with division (b)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in Section 501.99(a).
   (c)   Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under Section 501.99(c), (d), (e), and (f). A court may impose the longest jail term authorized under Section 501.99(b) only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future crime.
   (d)   (1)   A sentencing court shall consider any relevant oral or written statement made by the victim, the defendant, the defense attorney, or the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by Ohio R.C. Chapter 2930.
      (2)   At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to Ohio R.C. 2743.51 to 2743.72.
(ORC 2929.22)
501.14   MULTIPLE SENTENCES.
   (a)   Except as provided in division (b) of this section, Ohio R.C. 2929.14(C), or Ohio R.C. 2971.03(D) or (E), a prison term, jail term, or  sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this Municipality, the State, another State, or the United States.  Except as provided in division (b)(2) of this section, a jail term or sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a State or Federal correctional institution.
   (b)   (1)   A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of Ohio R.C. 2907.322, 2921.34 or 2923.131.  When consecutive sentences are imposed for misdemeanors under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed 18 months.
      (2)   A jail term or sentence of imprisonment imposed for a misdemeanor violation of Ohio R.C. 4510.14, 4510.16, 4510.21, or 4511.19, or a substantially similar municipal ordinance, shall be served consecutively to a prison term that is imposed for a felony violation of Ohio R.C. 2903.06, 2903.07, 2903.08 or 4511.19 or a felony violation of Ohio R.C. 2903.04 involving the operation of a motor vehicle by the offender and that is served in a State correctional institution when the trial court specifies that it is to be served consecutively. When consecutive jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor.
(ORC 2929.41)
501.15   MODIFICATION OF SENTENCE. (REPEALED)
   ( Editor's note:  Section 501.15 was repealed as part of the 2004 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 2929.51) was repealed by the Ohio General Assembly.)
501.16   SUSPENSION OF DRIVER’S LICENSE.
   Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Code of Ordinances that is substantially similar to a provision of the Revised Code, and a court is permitted or required to suspend a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender's driver's or commercial driver's license or permit or nonresident operating privileges for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this Code of Ordinances shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this Code of Ordinances is substantially similar.
(ORC 4510.05)
501.17   SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
   (a)   As used in this section, “residence” and “vehicle” have the same meanings as in Ohio R.C. 2901.05.
   (b)   For purposes of any section of this Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self defense or defense of another.
(ORC 2901.09)
501.99   GENERAL PENALTY.
   (a)   Considerations in Misdemeanor Sentencing.
      (1)   A court that sentences an offender for a misdemeanor or minor misdemeanor violation of any provision of the Ohio Revised Code, or of any municipal ordinance that is substantially equivalent to a misdemeanor or minor misdemeanor violation of a provision of the Ohio Revised Code, shall be guided by the overriding purposes of misdemeanor sentencing. The overriding purposes of misdemeanor sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender's behavior, rehabilitating the defender, and making restitution to the victim of the offense, the public, or the victim and the public.
      (2)   A sentence imposed for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (a)(1) of this section shall be reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing set forth in division (a)(1) of this section, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar offenses committed by similar offenders.
      (3)   A court that imposes a sentence upon an offender for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (a)(1) of this section shall not base the sentence upon the race, ethnic background, gender, or religion of the offender.
      (4)   Divisions (a)(1) and (a)(2) of this section shall not apply to any offense that is disposed of by a traffic violations bureau of any court pursuant to Traffic Rule 13 and shall not apply to any violation of any provision of the Ohio Revised Code that is a minor misdemeanor and that is disposed of without a court appearance. Divisions (a)(1) to (a)(3) of this section do not affect any penalties established by the Municipality for a violation of its ordinances that are not substantially equivalent to a misdemeanor or minor misdemeanor violation of a provision of the Ohio Revised Code.
(ORC 2929.21)
   (b)   Misdemeanor Jail Terms.
      (1)   Except as provided in Section 533.99 or 501.13 of this Code or Ohio R.C. 2929.22 or 2929.23 or division (b)(5) or (b)(6) of this section and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following:
         A.   For a misdemeanor of the first degree, not more than 180 days;
         B.   For a misdemeanor of the second degree, not more than 90 days;
         C.   For a misdemeanor of the third degree, not more than 60 days;
         D.   For a misdemeanor of the fourth degree, not more than 30 days.
      (2)   A.   A court that sentences an offender to a jail term under division (b) of this section may permit the offender to serve the sentence in intermittent confinement or may authorize a limited release of the offender as provided in division (d)(2) of this section.  The court retains jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, but the court shall not reduce any mandatory jail term.
         B.   1.   If a prosecutor, as defined in Ohio R.C. 2935.01, has filed a notice with the court that the prosecutor wants to be notified about a particular case and if the court is considering modifying the jail sentence of the offender in that case, the court shall notify the prosecutor that the court is considering modifying the jail sentence of the offender in that case. The prosecutor may request a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the court shall notify the eligible offender of the hearing.
            2.   If the prosecutor requests a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, the court shall hold the hearing before considering whether or not to release the offender from the offender’s jail sentence.
      (3)   If a court sentences an offender to a jail term under division (b) of this section and the court assigns the offender to a County Jail that has established a County Jail Industry Program pursuant to Ohio R.C. 5147.30, the court shall specify, as part of the sentence, whether the offender may be considered for participation in the program. During the offender's term in the County Jail, the court retains jurisdiction to modify its specification regarding the offender's participation in the County Jail Industry Program.
      (4)   If a person sentenced to a jail term pursuant to division (b) of this section, the court may impose as part of the sentence pursuant to Ohio R.C. 2929.28 a reimbursement sanction, and, if the local detention facility in which the term is to be served is covered by a policy adopted pursuant to Ohio R.C.  307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 and Ohio R.C. 2929.37, both of the following apply:
         A.   The court shall specify both of the following as part of the sentence:
            1.   If the person is presented with an itemized bill pursuant to Ohio R.C. 2929.37 for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.
            2.   If the person does not dispute the bill described in division (b)(4)A.1. of this section and does not pay the bill by the times specified in Ohio R.C. 2929.37, the Clerk of the Court may issue a certificate of judgment against the person as described in that section.
         B.   The sentence automatically includes any certificate of judgment issued as described in division (b)(4)A.2. of this section.
      (5)   If an offender who is convicted of or pleads guilty to a violation of Ohio R.C. 4511.19(B), or any substantially equivalent municipal ordinance, also is convicted of or also pleads guilty to a specification of the type described in Ohio R.C. 2941.1414 and if the court imposes a jail term on the offender for the underlying offense, the court shall impose upon the offender an additional definite jail term of not more than six months. The additional jail term shall not be reduced pursuant to any provision of the Ohio Revised Code. The offender shall serve the additional jail term consecutively to and prior to the jail term imposed for the underlying offense and consecutively to any other mandatory term imposed in relation to the offense.
      (6)   A.   If an offender is convicted of or pleads guilty to a misdemeanor violation of Ohio R.C. 2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and to a specification of the type described in Ohio R.C. 2941.1421 and if the court imposes a jail term on the offender for the misdemeanor violation, the court may impose upon the offender an additional definite jail term as follows:
            1.   Subject to division (b)(6)A.2. of this section, an additional definite jail term of not more than 60 days;
            2.   If the offender previously has been convicted of or pleaded guilty to one or more misdemeanor or felony violations of Ohio R.C. 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and also was convicted of or pleaded guilty to a specification of the type described in Ohio R.C. 2941.1421 regarding one or more of those violations, an additional definite jail term of not more than 120 days.
         B.   In lieu of imposing an additional definite jail term under division (b)(6)A. of this section, the court may directly impose on the offender a sanction that requires the offender to wear a real-time processing, continual tracking electronic monitoring device during the period of time specified by the court. The period of time specified by the court shall equal the duration of an additional jail term that the court could have imposed upon the offender under division (b)(6)A. of this section. A sanction imposed under this division shall commence on the date specified by the court, provided that the sanction shall not commence until after the offender has served the jail term imposed for the misdemeanor violation of Ohio R.C. 2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and any residential sanction imposed for the violation under division (d) of this section or Ohio R.C. 2929.26. A sanction imposed under this division shall be considered to be a community control sanction for purposes of division (c) or this section or Ohio R.C. 2929.25, and all provisions of this Code and the Ohio Revised Code that pertain to community control sanctions shall apply to a sanction imposed under this division, except to the extent that they would by their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction imposed under this division, including the cost of the use of the monitoring device.
      (7)   If an offender is convicted of or pleads guilty to a misdemeanor violation of R.C. § 2903.13 and also is convicted of or pleads guilty to a specification of the type described in R.C. § 2941.1423 that charges that the victim of the violation was a woman whom the offender knew was pregnant at the time of the violation, the court shall impose on the offender a mandatory jail term that is a definite term of at least 30 days.
      (8)   If a court sentences an offender to a jail term under this division (b), the sentencing court retains jurisdiction over the offender and the jail term. Upon motion of either party or upon the court’s own motion, the court, in the court’s sole discretion and as the circumstances warrant, may substitute one or more community control sanctions under division (d) or (e) of this section for any jail days that are not mandatory jail days.
(ORC 2929.24)
   (c)   Misdemeanor Community Control Sanctions.
      (1)   A.   Except as provided in Section 533.99 and 501.13 of this Code or Ohio R.C. 2929.22 and 2929.23 or when a jail term is required by law, in sentencing an offender for a misdemeanor, other than a minor misdemeanor, the sentencing court may do either of the following:
            1.   Directly impose a sentence that consists of one or more community control sanctions authorized by divisions (d), (e), or (f) of this section. The court may impose any other conditions of release under a community control sanction that the court considers appropriate. If the court imposes a jail term upon the offender, the court may impose any community control sanction or combination of community control sanctions in addition to the jail term.
            2.   Impose a jail term under division (b) of this section from the range of jail terms authorized under that division for the offense, suspend all or a portion of the jail term imposed, and place the offender under a community control sanction or combination of community control sanctions authorized under divisions (d), (e), or (f) of this section.
         B.   The duration of all community control sanctions imposed upon an offender and in effect for an offender at any time shall not exceed five years.
         C.   At sentencing, if a court directly imposes a community control sanction or combination of community control sanctions pursuant to division (c)(1)A.1. of this section, the court shall state the duration of the community control sanctions imposed and shall notify the offender that if any of the conditions of the community control sanctions are violated the court may do any of the following:
            1.   Impose a longer time under the same community control sanction if the total time under all of the offender's community control sanctions does not exceed the five-year limit specified in division (c)(1)B. of this section;
            2.   Impose a more restrictive community control sanction under division (d), (e), or (f) of this section, but the court is not required to impose any particular sanction or sanctions;
            3.   Impose a definite jail term from the range of jail terms authorized for the offense under division (b) of this section.
      (2)   If a court sentences an offender to any community control sanction or combination of community control sanctions pursuant to division (c)(1)A.1. of this section, the sentencing court retains jurisdiction over the offender and the period of community control for the duration of the period of community control. Upon the motion of either party or on the court’s own motion, the court, in the court’s sole discretion and as the circumstances warrant, may modify the community control sanctions or conditions of release previously imposed, substitute a community control sanction or condition of release for another community control sanction or condition of release previously imposed, or impose an additional community control sanction or condition of release.
      (3)   A.   If a court sentences an offender to any community control sanction or combination of community control sanctions authorized under division (d), (e), or (f) of this section, the court shall place the offender under the general control and supervision of the court or of a department of probation in the jurisdiction that serves the court for purposes of reporting to the court a violation of any of the conditions of the    sanctions imposed. If the offender resides in another jurisdiction and a department of probation has been established to serve the Municipal Court or County Court in that jurisdiction, the sentencing court may request the Municipal Court or the County Court to receive the offender into the general control and supervision of that department of probation for purposes of reporting to the sentencing court a violation of any of the conditions of the sanctions imposed. The sentencing court retains jurisdiction over any offender whom it sentences for the duration of the sanction or sanctions imposed.
         B.   The sentencing court shall require as a condition of any community control sanction that the offender abide by the law and not leave the State without the permission of the court or the offender's probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender's good behavior, the court may impose additional requirements on the offender.  The offender's compliance with the additional requirements also shall be a condition of the community control sanction imposed upon the offender.
      (4)   A.   If the court imposing sentence upon an offender sentences the offender to any community control sanction or combination of community control sanctions authorized under division (d), (e), or (f) of this section, and the offender violates any of the conditions of the sanctions, the public or private person or entity that supervises or administers the program or activity that comprises the sanction shall report the violation directly to the sentencing court or to the department of probation or probation officer with general control and supervision over the offender. If the public or private person or entity reports the violation to the department of probation or probation officer, the department or officer shall report the violation to the sentencing court.
         B.   If an offender violates any condition of a community control sanction, the sentencing court may impose upon the violator one or more of the following penalties:
            1.   A longer time under the same community control sanction if the total time under all of the community control sanctions imposed on the violator does not exceed the five-year limit specified in division (c)(1)B. of this section;
            2.   A more restrictive community control sanction;
            3.   A combination of community control sanctions, including a jail term.
         C.   If an offender was acting pursuant to R.C. § 2925.11(B)(2)(b), or any substantially equivalent municipal ordinance, and in so doing violated the conditions of a community control sanction based on a minor drug possession offense, as defined in R.C. § 2925.11, the sentencing court may consider the offender’s conduct in seeking or obtaining medical assistance for another in good faith or for self or may consider the offender being the subject of another person seeking or obtaining medical assistance in accordance with that division as a mitigating factor before imposing any of the penalties described in division (c)(4)B. of this section.
         D.   If the court imposes a jail term upon a violator pursuant to division (c)(4)B. of this section, the total time spent in jail for the misdemeanor offense and the violation of a condition of the community control sanction shall not exceed the maximum jail term available for the offense for which the sanction that was violated was imposed. The court may reduce the longer period of time that the violator is required to spend under the longer sanction or the more restrictive sanction imposed under division (c)(4)B. of this section by all or part of the time the violator successfully spent under the sanction that was initially imposed.
      (5)   Except as otherwise provided in this division, if an offender, for a significant period of time, fulfills the conditions of a community control sanction imposed pursuant to division (d), (e), or (f) of this section in an exemplary manner, the court may reduce the period of time under the community control sanction or impose a less restrictive community control sanction. Fulfilling the conditions of a community control sanction does not relieve the offender of a duty to make restitution under division (f) of this section.
(ORC 2929.25)
   (d)   Community Residential Sanction.
      (1)   Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any community residential sanction or combination of community residential sanctions under this division (d).  Community residential sanctions include, but are not limited to, the following:
         A.   A term of up to 180 days in a halfway house or a term in a halfway house not to exceed the longest jail term available for the offense, whichever is shorter, if the political subdivision that would have responsibility for paying the costs of confining the offender in a jail has entered into a contract with the halfway house for use of the facility for misdemeanor offenders;
         B.   If the offender is an eligible offender, as defined in Ohio R.C. 307.932, a term in a community alternative sentencing center or district community alternative sentencing center established and operated in accordance with that section, in the circumstances specified in that section, with one of the conditions of the sanction being that the offender successfully complete the portion of the sentence to be served in the center.
      (2)   A sentence to a community residential sanction under division (d)(1)B. of this section shall be in accordance with Ohio R.C. 307.932. In all other cases, the court that sentences an offender to a community residential sanction under this division (d) may do either or both of the following:
         A.   Permit the offender to serve the offender's sentence in intermittent confinement, overnight, on weekends or at any other time or times that will allow the offender to continue at the offender' occupation or care for the offender' family;
         B.   Authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court. A release pursuant to this division shall be only for the duration of time that is needed to fulfill the purpose of the release and for travel that reasonably is necessary to fulfill the purposes of release.
      (3)   The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (d)(2) of this section be applied to any financial sanction imposed under division (f) of this section.
      (4)   No court shall sentence any person to a prison term for a misdemeanor or minor misdemeanor, or to a jail term for a minor misdemeanor.
      (5)   If a court sentences a person who has been convicted of or pleaded guilty to a misdemeanor to a community residential sanction as described in division (d)(1) of this section, at the time of reception and at other times the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction determines to be appropriate, the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction may cause a convicted offender in the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
      (6)   The Municipality may enter into a contract with a halfway house for use of the halfway house to house misdemeanor offenders under a sanction imposed under division (d)(1)A. of this section.
(ORC 2929.26)
   (e)   Nonresidential Sanction Where Jail Term is not Mandatory.
      (1)   Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any nonresidential sanction or combination of nonresidential sanctions authorized under this division.  Nonresidential sanctions include, but are not limited to, the following:
         A.   A term of day reporting;
         B.   A term of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, a term of electronic monitoring or continuous alcohol monitoring without house arrest, or a term of house arrest without electronic monitoring or continuous alcohol monitoring;
         C.   A term of community service of up to 500 hours for misdemeanor of the first degree or 200 hours for a misdemeanor of the second, third, or fourth degree;
         D.   A term in a drug treatment program with a level of security for the offender as determined necessary by the court;
         E.   A term of intensive probation supervision;
         F.   A term of basic probation supervision;
         G.   A term of monitored time;
         H.   A term of drug and alcohol use monitoring, including random drug testing;
         I.   A curfew term;
         J.   A requirement that the offender obtain employment;
         K.   A requirement that the offender obtain education or training;
         L.   Provided the court obtains the prior approval of the victim, a requirement that the offender participate in victim-offender mediation;
         M.   If authorized by law, suspension of the offender's privilege to operate a motor vehicle, immobilization or forfeiture of the offender's motor vehicle, a requirement that the offender obtain a valid motor vehicle operator's license, or any other related sanction;
         N.   A requirement that the offender obtain counseling if the offense is a violation of Ohio R.C. 2919.25 or a substantially similar municipal ordinance or a violation of Ohio R.C.  2903.13 or a substantially similar municipal ordinance involving a person who was a family or household member at the time of the violation, if the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and if the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children. This division does not limit the court in requiring that the offender obtain counseling for any offense or in any circumstance not specified in this division.
      (2)   If the court imposes a term of community service pursuant to division (e)(1)C. of this section, the offender may request that the court modify the sentence to authorize the offender to make a reasonable contribution, as determined by the court, to the general fund of the county, municipality, or other local entity that provides funding to the court. The court may grant the request if the offender demonstrates a change in circumstances from the date the court imposes the sentence or that the modification would otherwise be in the interests of justice. If the court grants the request, the offender shall make a reasonable contribution to the court, and the clerk of the court shall deposit that contribution into the general fund of the county, municipality, or other local entity that provides funding to the court. If more than one entity provides funding to the court, the clerk shall deposit a percentage of the reasonable contribution equal to the percentage of funding the entity provides to the court in that entity’s general fund.
      (3)   In addition to the sanctions authorized under division (e)(1) of this section, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, upon an offender who is not required to serve a mandatory jail term may impose any other sanction that is intended to discourage the offender or other persons from committing a similar offense if the sanction is reasonably related to the overriding purposes and principles of misdemeanor sentencing.
      (4)   The court imposing a sentence for a minor misdemeanor may impose a term of community service in lieu of all or part of a fine. The term of community service imposed for a minor misdemeanor shall not exceed 30 hours.  After imposing a term of community service, the court may modify the sentence to authorize a reasonable contribution, as determined by the court, to the appropriate general fund as provided in division (e)(2) of this section.
(ORC 2929.27)
   (f)   Financial Sanctions.
      (1)   In addition to imposing court costs pursuant to Ohio R.C. 2947.23, the court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this division (f). If the court in its discretion imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:
         A.   Restitution.
            1.   Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by the Traffic Violations Bureau serving the court under Traffic Rule 13, restitution by the offender to the victim of the offender’s crime or any survivor of the victim, in an amount based upon the victim’s economic loss. The court may not impose restitution as a sanction pursuant to this division if the offense is a minor misdemeanor or could be disposed of by the Traffic Violations Bureau serving the court under Traffic Rule 13. If the court requires restitution, the court shall order that the restitution be made to the victim in open court or to the adult probation department that serves the jurisdiction or the clerk of the court on behalf of the victim.
            2.   If the court imposes restitution, the court shall determine the amount of restitution to be paid by the offender. If the court imposes restitution, the court may base the amount of restitution it orders on an amount recommended by the victim, the offender, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and other information, provided that the amount the court orders as restitution shall not exceed the amount of economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court decides to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender, victim, or survivor disputes the amount of restitution. If the court holds an evidentiary hearing, at the hearing the victim or survivor has the burden to prove by a preponderance of the evidence the amount of restitution sought from the offender.
            3.   All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or any survivor of the victim against the offender.  No person may introduce evidence of an award of restitution under this section in a civil action for purposes of imposing liability against an insurer under Ohio R.C. 3937.18.
            4.   If the court imposes restitution, the court may order that the offender pay a surcharge, of not more than five per cent of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments.
            5.   The victim or survivor of the victim may request that the prosecutor in the case file a motion, or the offender may file a motion, for modification of the payment terms of any restitution ordered. If the court grants the motion, it may modify the payment terms as it determines appropriate.
         B.   Fines. A fine of the type described in divisions (f)(1)B.1. and 2. of this section payable to the appropriate entity as required by law:
            1.   A fine in the following amount:
               a.   For a misdemeanor of the first degree, not more than one thousand dollars ($1,000.00);
               b.   For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
               c.   For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
               d.   For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00);
               e.   For a minor misdemeanor, not more than one hundred fifty dollars ($150.00).
            2.   A State fine or cost as defined in Ohio R.C. 2949.111.
         C.   Reimbursement.
            1.   Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including, but not limited to, the following:
               a.   All or part of the costs of implementing any community control sanction, including a supervision fee under Ohio R.C. 2951.021;
               b.   All or part of the costs of confinement in a jail or other residential facility, including, but not limited to, a per diem fee for room and board, the costs of medical and dental treatment, and the costs of repairing property damaged by the offender while confined;
               c.   All or part of the cost of purchasing and using an immobilizing or disabling device, including a certified ignition interlock device, or a remote alcohol monitoring device that a court orders an offender to use under Ohio R.C. 4510.13.
            2.   The amount of reimbursement under division (f)(1)C.1. of this section shall not exceed the total amount of reimbursement the offender is able to pay and shall not exceed the actual cost of the sanctions. The court may collect any amount of reimbursement the offender is required to pay under that division. If the court does not order reimbursement under that division, confinement costs may be assessed pursuant to a repayment policy adopted under Ohio R.C. 2929.37. In addition, the offender may be required to pay the fees specified in Ohio R.C. 2929.38 in accordance with that section.
      (2)   A.   If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this division (f) or court costs or is likely in the future to be able to pay the sanction or costs.
         B.   If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (e)(1) of this section in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (e)(1) of this section in lieu of or in addition to imposing a financial sanction under this division (f) and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (e)(4) of this section in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.
      (3)   A.   The offender shall pay reimbursements imposed upon the offender pursuant to division (f)(1)C. of this section to pay the costs incurred by a county pursuant to any sanction imposed under division (d), (e), or (f) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (d) of this section to the County Treasurer. The County Treasurer shall deposit the reimbursements in the County's General Fund. The County shall use the amounts deposited in the fund to pay the costs incurred by the County pursuant to any sanction imposed under division (d), (e), or (f) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (d) of this section.
         B.   The offender shall pay reimbursements imposed upon the offender pursuant to division (f)(1)C. of this section to pay the costs incurred by a municipal corporation pursuant to any sanction imposed under division  (d), (e), or (f) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (d) of this section to the Treasurer of the municipal corporation. The Treasurer shall deposit the reimbursements in the municipal corporation's General Fund. The municipal corporation shall use the amounts deposited in the fund to pay the costs incurred by the municipal corporation pursuant to any sanction imposed under division (d), (e), or (f) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (d) of this section.
         C.   The offender shall pay reimbursements imposed pursuant to division (f)(1)C. of this section for the costs incurred by a private provider pursuant to a sanction imposed under division (d), (e), or (f) of this section to the provider.
      (4)   In addition to any other fine that is or may be imposed under this division (f), the court imposing sentence upon an offender for misdemeanor domestic violence or menacing by stalking may impose a fine of not less than $70 nor more than $500, which shall betransmitted to the Treasurer of Ohio to be credited to the address confidentiality program fund created by R.C. § 111.48.
      (5)   A.   Except as otherwise provided in this division (f)(5), a financial sanction imposed under division (f)(1) of this section is a judgment in favor of the State or the political subdivision that operates the court that imposed the financial sanction, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement imposed pursuant to division (f)(1)C.1.a. of this section upon an offender is a judgment in favor of the entity administering the community control sanction.  A financial sanction of reimbursement imposed pursuant to division (f)(1)C.1.b. of this section upon an offender confined in a jail or other residential facility is a judgment in favor of the entity operating the jail or other residential facility. A financial sanction of restitution imposed pursuant to division (f)(1)A. of this section is an order in favor of the victim of the offender's criminal act that can be collected through a certificate of judgment as described in division (f)(5)B.1. of this section, through execution as described in division (f)(5)B.2. of this section or through an order as described in division (f)(5)B.3. of this section and the offender shall be considered for purposes of the collection as a judgment debtor.
         B.   Once a financial sanction is imposed as a judgment or order under this division, the victim, private provider, State, or political subdivision may do any of the following:
            1.   Obtain from the Clerk of the court in which the judgment was entered a certificate of judgment that shall be in the same manner and form as a certificate of judgment issued in a civil action;
            2.   Obtain execution of the judgment or order through any available procedure, including any of the procedures identified in Ohio R.C. 2929.18(D)(1) and (D)(2) or a substantially similar municipal ordinance.
            3.   Obtain an order for the assignment of wages of the judgment debtor under Ohio R.C. 1321.33 or a substantially similar municipal ordinance.
      (6)   The civil remedies authorized under division (f)(5) of this section for the collection of the financial sanction supplement, but do not preclude, enforcement of the criminal sentence.
      (7)   Each court imposing a financial sanction upon an offender under this division (f) may designate the Clerk of the Court or another person to collect the financial sanction. The Clerk, or another person authorized by law or the court to collect the financial sanction may do the following:
         A.   Enter into contracts with one or more public agencies or private vendors for the collection of amounts due under the sanction. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this division (f), a court shall comply with Ohio R.C. 307.86 to 307.92.
         B.   Permit payment of all or any portion of the sanction in installments, by financial transaction device if the court is a County Court or a Municipal Court operated by a county, or by any other reasonable method, in any time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. If the court is a County Court or a Municipal Court operated by a county, the acceptance of payments by any financial transaction device shall be governed by the policy adopted by the Board of County Commissioners of the county pursuant to Ohio R.C. 301.28. If the court is a Municipal Court not operated by a county, the Clerk may pay any fee associated with processing an electronic transfer out of public money or may charge the fee to the offender.
         C.   To defray administrative costs, charge a reasonable fee to an offender who elects a payment plan rather than a lump sum payment of any financial sanction.
      (8)   No financial sanction imposed under this division (f) shall preclude a victim from bringing a civil action against the offender.
(ORC 2929.28)