PART SIX - GENERAL OFFENSES CODE
      Chap. 606.  General Provisions.
      Chap. 608.  Administration, Enforcement and Public Service.
      Chap. 612.  Alcoholic Beverages.
      Chap. 618.  Animals.
      Chap. 624.  Drugs.
      Chap. 630.  Gambling.
      Chap. 636.  Offenses Relating to Persons.
      Chap. 642.  Offenses Relating to Property.
      Chap. 648.  Peace Disturbances.
      Chap. 660.  Safety, Sanitation and Health.
      Chap. 666.  Sex Related Offenses.
      Chap. 672.  Theft and Fraud.
      Chap. 678.  Weapons and Explosives.
      Chap. 698.  Penalties and Sentencing.
CHAPTER 606
General Provisions
606.01   Definitions.
606.02   Classification of offenses.
606.03   Offenses defined.
606.04   Rules of construction.
606.05   Criminal law jurisdiction.
606.06   Limitation on criminal prosecutions.
606.07   Requirements for criminal liability; voluntary intoxication.
606.08   Culpable mental states.
606.09   Organizational criminal liability.
606.10   Personal accountability for organizational conduct.
606.11   Attempts.
606.12   Complicity.
606.13   Self defense; limitations on duty to retreat prior to using force.
   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.
606.01   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 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)   A 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, division (A)(1), (A)(2) or (A)(3) of Ohio R.C. 2911.12, or of division (B)(1), (B)(2), (B)(3) or (B)(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 deposition 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 equivalent 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), 2919.151, 2919.17 or 2919.18, or any substantially equivalent municipal ordinance, may be punished as a violation of that 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” and “medical assistance program.” Have the same meanings as in Ohio R.C. 2913.40.
   (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 authority of a community school established under Ohio R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic 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)
606.02   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)
606.03   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 the prohibition or failure to meet that 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)
606.04   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 code that refers to a section, or to a division of a section, of this 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)
606.05   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 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, or, while in this municipality, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this municipality and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this municipality by the person or another person involved in the conspiracy, subsequent to the person's entrance into the conspiracy. In any case in which a person attempts to commit, is guilty of complicity in the commission of, or conspires to commit an offense in another jurisdiction as described in this division, the person is subject to criminal prosecution and punishment in this municipality for the attempt, complicity or conspiracy, and for any resulting offense that is committed or completed in 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)   In homicide, the element referred to in division (a)(1) of this section includes the act that causes death, the physical contact that causes death, the death itself, or any other element that is set forth in the offense in question. If any part of the body of a homicide victim is found in this municipality, the death is presumed to have occurred within this municipality.
   (c)   (1)   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.
      (2)   The Courts of Common Pleas of Adams, Athens, Belmont, Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe, Scioto and Washington counties have jurisdiction beyond the north or northwest shore of the Ohio River extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those Courts of Common Pleas has concurrent jurisdiction on the Ohio River with any adjacent Court of Common Pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio River and that has jurisdiction on the Ohio River under the law of Kentucky or the law of West Virginia, whichever is applicable, or under federal law.
   (d)   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.
   (e)   When a person is subject to criminal prosecution and punishment in this municipality for an offense committed or completed outside this municipality, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this municipality.
   (f)   Any act, conduct or element that is a basis of a person being subject under this section to criminal prosecution and punishment in this municipality need not be committed personally by the person as long as it is committed by another person who is in complicity or conspiracy with the person.
   (g)   This section shall be liberally construed, consistent with constitutional limitations, to allow this municipality the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this municipality.
   (h)   For purposes of division (a)(2) of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.
   (i)   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)
606.06   LIMITATION ON CRIMINAL PROSECUTIONS.
   (a)   (1)   Except as provided in division (a)(2) or (a)(3) 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 2903.02.
      (3)   Except as otherwise provided in divisions (b) to (h) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed:
         A.   A violation of Ohio R.C. 2903.03, 2903.04, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 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.
   (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)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   “Offense is directly related to the misconduct in office of a public servant.” The phrase 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)   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 the course of conduct or the accused's accountability for it terminates, whichever occurs first.
   (e)   A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation or other process unless reasonable diligence is exercised to execute the same.
   (f)   The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
   (g)   The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this municipality or conceals the accused's identity or whereabouts is prima facie evidence of the accused's purpose to avoid prosecution.
   (h)   The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information or process that commenced the prosecution is quashed or the proceedings on the indictment, information or process are set aside or reversed on appeal.
   (i)   The period of limitation for a violation of this Part 6 or Title XXIX of the Ohio Revised Code that involves a physical or mental wound, injury, disability or condition of a nature that reasonably indicates abuse or neglect of a child under 18 years of age or of a mentally retarded, developmentally disabled, or physically impaired child under 21 years of age shall not begin to run until either of the following occurs:
      (1)   The victim of the offense reaches the age of majority.
      (2)   A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected or believed to have occurred.
   (j)   As used in this section, “peace officer” has the same meaning as in Ohio R.C. 2935.01.
(ORC 2901.13)
606.07   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 section defining the offense.
   (b)   When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.
   (c)   Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.
   (d)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (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)
606.08   CULPABLE MENTAL STATES.
   (a)   A person acts purposely when it is his or her 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 his or her specific intention to engage in conduct of that nature.
   (b)   A person acts knowingly, regardless of his or her purpose, when he or she is aware that his or her conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he or she is aware that the circumstances probably exist.
   (c)   A person acts recklessly when, with heedless indifference to the consequences, he or she perversely disregards a known risk that his or her 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, he or she perversely disregards a known risk that the circumstances are likely to exist.
   (d)   A person acts negligently when, because of a substantial lapse from due care, he or she fails to perceive or avoid a risk that his or her 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, he or she fails to perceive or avoid a risk that the 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 that element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for that element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for that element.
(ORC 2901.22)
606.09   ORGANIZATIONAL CRIMINAL LIABILITY.
   (a)   An organization may be convicted of an offense under any of the following circumstances:
      (1)   The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (2)   A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (3)   The offense consists of an omission to discharge a specific duty imposed by law on the organization.
      (4)   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners, or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of such a board's or person's office or employment.
   (b)   If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
   (c)   In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
   (d)   As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(ORC 2901.23)
606.10   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 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.
(ORC 2901.24)
606.11   ATTEMPTS.
   (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)   (1)   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.
      (2)   In addition to any other sanctions imposed pursuant to division (e)(1) of this section for an attempt to commit aggravated murder or murder in violation of division (a) of this section, if the offender used a motor vehicle as the means to attempt to commit the offense, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license or nonresident operating privilege as specified in Ohio R.C. 4510.02(A)(2).
      (3)   If a person is convicted of or pleads guilty to attempted rape and also is convicted of or pleads guilty to a specification of the type described in Ohio R.C. 2941.1418, 2941.1419 or 2941.1420, the offender shall be sentenced to a prison term or term of life imprisonment pursuant to Ohio R.C. 2971.03.
   (f)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (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)
606.12   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 equivalent 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)
606.13   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)