Ohio Rev. Code » Chapter 2901
Ohio Revised Code

Ohio Rev. Code § 2901.03 (2026)

Abrogation of common law offenses

✓ current as of May 2026
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Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
PDF:
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(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.

(B) An offense is defined when one or more sections of the Revised 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 any power of the general assembly under Section 8 of Article II, Ohio Constitution, nor does it 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.
Notes of Decisions
Cited in 88 cases (20 in the last 5 years), 1976–2026 · leading case: State v. Chappell, 2010 Ohio 5991 (Ohio 2010).
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State v. Chappell, 2010 Ohio 5991 (Ohio 2010). · cites it 34× “R.C. 2901.03 provides: {¶ 20} “(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.”
State v. Anderson, 35 N.E.3d 512 (Ohio 2015). · cites it 2× “C-77614, 1979 WL 208641 , *1 (Mar. 7, 1979). R.C. 2901.03 provides: (A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.”
State v. Harris, 2012 Ohio 1908 (Ohio 2012). · cites it 2× “” R.C. 2901.03(B). {¶ 26} A forfeiture of items does neither.”
State v. Ford, 2011 Ohio 765 (Ohio 2011). · cites it 2× “) R.C. 2901.03(B). See State ex rel. Quality Stamping Prods.”
State v. Ireland (Slip Opinion), 2018 Ohio 4494 (Ohio 2018). · cites it 2× “21(A) provides: Except as provided in division (B) of this section [pertaining to strict-liability offenses, for which culpability is not required], a person is not guilty of an offense unless both of the following apply: 25 SUPREME COURT OF OHIO (1) The person’s liability is…”
State v. Joseph, 653 N.E.2d 285 (Ohio 1995). · cites it 2× “04(A)(7) (the felony murder specification) as the capital specification pursuant to R.C. 2901.03(B) (aggravated-felony murder).”
State v. Logan, 2025 Ohio 1772 (Ohio 2025). · cites it 3× “R.C. 2901.03 states that “[n]o conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code,” R.”
State v. Ervin, 2017 Ohio 1491 (Ohio Ct. App. 2017). · cites it 2× “03 provides: (A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.”
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). · cites it 2× “See R.C. 2901.03(A) (“No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code”).”
State v.Bibler, 2014 Ohio 3375 (Ohio Ct. App. 2014). · cites it 5× “{¶17} In the context of abrogating common law offenses, R.C. 2901.03 explains that only conduct defined in the Revised Code is an offense against the State.”
State ex rel. Mobarak v. Brown, 2024 Ohio 221 (Ohio 2024). · cites it 4× “” R.C. 2901.03(A). A criminal offense is defined “when one or more sections of the Revised 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.”
State v. Gardner, 118 Ohio St. 3d 420 (Ohio 2008). “R.C. 2901.03(A); Akron v. Rowland (1993), 67 Ohio St.”
Show all 88 citing cases →
— Ohio Rev. Code § 2901.03(A) — 36 cases
State v. Chappell, 2010 Ohio 5991 (Ohio 2010). “R.C. 2901.03 provides: {¶ 20} “(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.”
State v. Ireland (Slip Opinion), 2018 Ohio 4494 (Ohio 2018). “21(A) provides: Except as provided in division (B) of this section [pertaining to strict-liability offenses, for which culpability is not required], a person is not guilty of an offense unless both of the following apply: 25 SUPREME COURT OF OHIO (1) The person’s liability is…”
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). “See R.C. 2901.03(A) (“No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code”).”
State v. Gardner, 118 Ohio St. 3d 420 (Ohio 2008). “R.C. 2901.03(A); Akron v. Rowland (1993), 67 Ohio St.”
State v. Durham, 2016 Ohio 691 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2901.03(A)(2) — 1 case
State v. Franklin, 2019 Ohio 1513 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2901.03(B) — 34 cases
State v. Harris, 2012 Ohio 1908 (Ohio 2012). “” R.C. 2901.03(B). {¶ 26} A forfeiture of items does neither.”
State v. Ford, 2011 Ohio 765 (Ohio 2011). “) R.C. 2901.03(B). See State ex rel. Quality Stamping Prods.”
State v. Joseph, 653 N.E.2d 285 (Ohio 1995). “04(A)(7) (the felony murder specification) as the capital specification pursuant to R.C. 2901.03(B) (aggravated-felony murder).”
State v. Chappell, 2010 Ohio 5991 (Ohio 2010). “R.C. 2901.03 provides: {¶ 20} “(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.”
State v. Biros, 678 N.E.2d 891 (Ohio 1997).
— Ohio Rev. Code § 2901.03(C) — 1 case
State v. Kimbler, 509 N.E.2d 99 (Ohio Ct. App. 1986).
— Ohio Rev. Code § 2901.03(D)(3) — 1 case
In re Leavell, 2017 Ohio 991 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2901.03(F) — 2 cases
State v. Hawkins, 2019 Ohio 3889 (Ohio Ct. App. 2019).
State v. Akers, 2025 Ohio 5409 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2901.03(I) — 1 case
Jackson v. State, 2021 Ohio 1409 (Ohio Ct. App. 2021).
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