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(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 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 § 501.99.
(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 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.
(R.C. § 2923.03)
(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of 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.
(R.C. § 2901.23)
(a) An officer, agent or employee of an organization, as defined in R.C. § 2901.23, may be prosecuted for an offense committed by the 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 that conduct, or tolerates that 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 the 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.
(R.C. § 2901.24)
(a) Any person convicted of an offense, other than a minor misdemeanor, and who, as a consequence thereof, is confined at the expense of the city in any correctional facility, shall reimburse the city for its expenses incurred by reason of the confinement including, but not limited to, expenses relating to the provision of food, clothing, medical care and shelter. The amount of reimbursement shall be determined by a court pursuant to the provisions of R.C. § 2929.15.
(b) The Law Director is hereby authorized and directed to institute appropriate civil actions in the name of the city to recover from the convict reimbursement for the expenses incurred by the city for his or her confinement as determined by a court pursuant to the provisions of R.C. § 2929.15.
(Ord. 86-45, passed 4-28-1986)
(a) During a period of community control, any field officer or probation officer may arrest the person under a community control sanction without a warrant and bring the person before the judge or magistrate before whom the cause was pending. During a period of community control, any peace officer may arrest the person under a community control sanction without a warrant upon the written order of the chief probation officer of the probation agency if the person under a community control sanction is under the supervision of that probation agency or on the order of an officer of the adult parole authority created pursuant to R.C. § 5149.02 if the person under a community control sanction is under the supervision of the authority. During a period of community control, any peace officer may arrest the person under a community control sanction on the warrant of the judge or magistrate before whom the cause was pending. During a period of community control, any peace officer may arrest the person under a community control sanction without a warrant if the peace officer has reasonable ground to believe that the person has violated or is violating any of the following that is a condition of the person’s community control sanction:
(1) A condition that prohibits ownership, possession, or use of a firearm, deadly weapon, ammunition, or dangerous ordnance;
(2) A condition that prohibits the person from being within a specified structure or geographic area;
(3) A condition that confines the person to a residence, facility, or other structure;
(4) A condition that prohibits the person from contacting or communicating with any specified individual;
(5) A condition that prohibits the person from associating with a specified individual; and
(6) A condition as provided in R.C. § 2929.25 (A)(1)(a) or in R.C. § 2929.15(A)(1) or R.C. § 2929.27(A)(8) that requires that the person not ingest or be injected with a drug of abuse and submit to random drug testing and requires that the results of the drug test indicate that the person did not ingest or was not injected with a drug of abuse.
(b) Upon making an arrest under this section, the arresting field officer, probation officer, or peace officer or the department or agency of the arresting officer promptly shall notify the chief probation officer or the chief probation officer’s designee that the person has been arrested. Upon being notified that a peace officer has made an arrest under this section, the chief probation officer or designee, or another probation officer designated by the chief probation officer, promptly shall bring the person who was arrested before the judge or magistrate before whom the cause was pending.
(c) Nothing in this section limits the powers of arrest granted to certain law enforcement officers and citizens under R.C. §§ 2935.03 and 2935.04.
(d) A probation officer shall receive the actual and necessary expenses incurred in the performance of the officer’s duties.
(e) As used in this section,
RANDOM DRUG TESTING has the same meaning as in R.C. § 5120.63.
(Ord. 2003-161, passed 12-8-2003)
(a) As used in this section, RESIDENCE has the same meaning as in R.C. § 2901.05.
(b) For purposes of any section of this code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.
(c) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
(R.C. § 2901.09)
(a) Except as provided in division (b) of this section, R.C. § 2929.14(C) or § 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 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 R.C. § 4510.14, § 4510.16, § 4510.21 or § 4511.19, or a substantially equivalent municipal ordinance, shall be served consecutively to a prison term that is imposed for a felony violation of R.C. § 2903.06, § 2903.08 or § 4511.19 or a felony violation of 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.
(R.C. § 2929.41)
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