§ 902-11. Criminal Liability.

(a)

Except as provided in paragraph (b) of this section, a person is not guilty of an offense unless both of the following apply:

(1)

Such person's liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which such person is capable of performing;

(2)

Such 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 such 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)

For the purpose of this section possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor's own control thereof for a sufficient time to have ended possession. 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.

(C.M.C. 902-11; ordained by Ord. No. 523-1973, eff. Jan. 1, 1974; a. Ord. No. 250-1979, eff. July 13, 1979)

State law reference

See ORC 2901.21.