PART SIX - GENERAL OFFENSES
Chap. 606. General Provisions.
Chap. 608. Administration, Enforcement and Public Service.
Chap. 612. Alcoholic Beverages.
Chap. 618. Animals.
Chap. 620. Civil Rights.
Chap. 622. Clean Indoor Air.
Chap. 624. Drugs.
Chap. 630. Gambling.
Chap. 636. Offenses Relating to Persons.
Chap. 642. Property Offenses.
Chap. 648. Peace Disturbances.
Chap. 660. Safety, Sanitation and Health.
Chap. 666. Sex Related Offenses.
Chap. 672. Theft and Fraud.
Chap. 676. Vegetation. (Repealed)
Chap. 678. Weapons and Explosives.
Chap. 698. Penalties and Sentencing.
Section
606.01 (Reserved)
606.02 Classification of Offenses
606.03 Offenses Defined
606.04 Rules of Construction
606.05 Criminal Law Jurisdiction
606.06 Limitation on Criminal Prosecution
606.07 Requirements for Criminal Liability; Voluntary Intoxication
606.08 Culpable Mental States
606.09 Organizational Liability
606.10 Personal Accountability for Organizational Conduct
606.11 Attempt
606.12 Complicity
606.13 Self Defense; Limitations on Duty to Retreat Prior to Using Force
CROSS REFERENCES
See sectional histories for similar State law
Burden and Degree of Proof - see ORC 2901.05
Definition of Imprisoned - see ORC 1.05
Venue - see ORC 2901.12; 2931.29 et seq.
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 (1) 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); or
(2) For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars ($150), community service under ORC 2929.27(D) or a financial sanction other than a fine under ORC 2929.28.
(ORC 2901.02)
(a) No conduct constitutes a criminal offense against the City 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)
(a) Except as otherwise provided in divisions (c) or (d) of this section, sections of this General Offenses Code defining offenses or penalties shall be strictly construed against the City 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 affect 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 City, 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 or subsection 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 or subsection 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)
(a) A person is subject to criminal prosecution and punishment in this City if any of the following occur:
(1) The person commits an offense under the laws of this City, any element of which takes place in this City;
(2) While in this City, 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 City and the other jurisdiction or, while in this City, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this City and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this City 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 subsection, the person is subject to criminal prosecution and punishment in this City 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 City, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this City;
(4) While out of this City, the person omits to perform a legal duty imposed by the laws of this City, which omission affects a legitimate interest of the City in protecting, governing or regulating any person, property, thing, transaction or activity in this City;
(5) While out of this City, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this City;
(6) While out of this City, the person unlawfully takes or entices another person and subsequently brings the other person into this City; or
(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 City in violation of the law of this State or City.
(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 City, the death is presumed to have occurred within this City.
(c) This City includes the land and water within its boundaries and the air space above that land and water, with respect to which this City has either exclusive or concurrent legislative jurisdiction. Where the boundary between this City and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this City for purposes of this section.
(d) When an offense is committed under the laws of this City, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this City 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 City for purposes of this section.
(e) When a person is subject to criminal prosecution and punishment in this City for an offense committed or completed outside this City, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this City.
(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 City the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this City.
(h) For the 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.
Statutory Reference: ORC 2901.11
(Ord. 2019-22. Passed 12/26/19)
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