§ 606.03 OFFENSES DEFINED.

(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)

§ 606.04 RULES OF CONSTRUCTION.

(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)

§ 606.05 CRIMINAL LAW JURISDICTION.

(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)

§ 606.06 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 (6) years;

B. For a misdemeanor other than a minor misdemeanor, two (2) years; and

C. For a minor misdemeanor, six (6) months.

(2) There is no period of limitation for the prosecution of a violation of ORC 2903.01 or ORC 2903.02 or a substantially equivalent municipal ordinance.

(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 twenty (20) years after the offense is committed:

A. A violation of ORC 2903.03, 2903.04, 2905.01, 2905.32, 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 or substantially equivalent municipal ordinance; a violation of ORC 2903.11 or 2903.12, or substantially equivalent municipal ordinance, if the victim is a peace officer; or a violation of former ORC 2907.12 or equivalent municipal ordinance.

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 ORC 2907.02 or 2907.03 or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section, or substantially equivalent municipal ordinances, shall be barred unless it is commenced within twenty-five (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 (1) 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 ORC 2913.49 shall be commenced within five (5) 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 (2) 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 (2) 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 ORC 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 ORC sections listed in this division (c)(2)A.

B. "Public servant" has the same meaning as in ORC 2921.01.

(d) (1) If a DNA record made in connection with the criminal investigation of the commission of a violation of ORC 2907.02 or 2907.03 or a substantially equivalent municipal ordinance is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than twenty-five (25) years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five (5) 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 ORC 2907.02 or 2907.03 or a substantially equivalent municipal ordinance is determined to match another DNA record that is of an identifiable person and if the time of the determination is within twenty-five (25) years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of twenty-five (25) years after the offense is committed or five (5) years after the determination is complete.

(3) As used in this subsection, "DNA record" has the same meaning as in ORC 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 City 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) The period of limitation for a violation of this Part 6 - General Offenses Code 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 eighteen (18) years of age or of a child with a developmental disability or physical impairment under twenty-one (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.

(k) As used in this section, "peace officer" has the same meaning as in ORC 2935.01.

(l) The amendments to divisions (a) and (d) of this section apply to a violation of ORC 2907.02 or 2907.03, or substantially equivalent municipal ordinance, 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)

§ 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) he 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; and

(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 division 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 ORC 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.

Statutory reference: ORC 2901.21

(Ord. 2019-22. Passed 11/26/19)

§ 606.08 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)

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