Ohio Rev. Code » Chapter 2901
Ohio Revised Code

Ohio Rev. Code § 2901.03 (2026)

Abrogation of common law offenses

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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, 127 Ohio St. 3d 376.
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State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. · 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, 972 N.E.2d 509. · cites it 2× “” R.C. 2901.03(B). {¶ 26} A forfeiture of items does neither.”
State v. Ford, 2011-Ohio-765, 945 N.E.2d 498. · cites it 2× “) R.C. 2901.03(B). See State ex rel. Quality Stamping Prods.”
State v. Ireland (Slip Opinion), 2018-Ohio-4494, 121 N.E.3d 285. · 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, 267 N.E.3d 667. · 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, 89 N.E.3d 1. · 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, 128 Ohio St. 3d 107. · 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. · 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, 235 N.E.3d 430. · 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, 889 N.E.2d 995 (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, 127 Ohio St. 3d 376. “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, 121 N.E.3d 285. “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, 128 Ohio St. 3d 107. “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, 889 N.E.2d 995 (Ohio 2008). “R.C. 2901.03(A); Akron v. Rowland (1993), 67 Ohio St.”
State v. Durham, 2016-Ohio-691.
Ohio Rev. Code § 2901.03(A)(2): 1 case
State v. Franklin, 2019-Ohio-1513.
Ohio Rev. Code § 2901.03(B): 34 cases
State v. Harris, 2012-Ohio-1908, 972 N.E.2d 509. “” R.C. 2901.03(B). {¶ 26} A forfeiture of items does neither.”
State v. Ford, 2011-Ohio-765, 945 N.E.2d 498. “) 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, 127 Ohio St. 3d 376. “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. 10th Dist. 1986).
Ohio Rev. Code § 2901.03(D)(3): 1 case
In re Leavell, 2017-Ohio-991.
Ohio Rev. Code § 2901.03(F): 2 cases
State v. Hawkins, 2019-Ohio-3889.
State v. Akers, 2025-Ohio-5409.
Ohio Rev. Code § 2901.03(I): 1 case
Jackson v. State, 2021-Ohio-1409, 172 N.E.3d 461.
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