(A) As used in this section, "residence" has the same meaning as in section 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.
(C) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
Notes of Decisions
Cited in 182
cases (126 in the last 5 years), 1968–2026 · leading case: State v. Miree, 2024 Ohio 5714 (Ohio 2024).
State v. Miree, 2024 Ohio 5714 (Ohio 2024). · cites it 123ד] Criminal law—Self-defense—R.C. 2901.09—Retroactive application—Trial court correctly applied former version of self-defense statute to crimes committed before amended statute’s effective date—Judgment affirmed.”
State v. Hurt, 2022 Ohio 2039 (Ohio Ct. App. 2022). · cites it 28דIn his proposed jury instructions, Hurt requested that the trial court instruct the jury in accordance with amended R.C. 2901.09. The trial court instead gave the following instructions to the jury: The defendant is allowed to use deadly force in self-defense.”
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022). · cites it 28דR.C. 2901.09, governing the duty to retreat, was amended after the subject offense occurred.”
State v. Shine-Johnson, 2018 Ohio 3347 (Ohio Ct. App. 2018). · cites it 10דAs it is used in R.C. 2901.09(A), "residence" means "a dwelling in which a person resides either temporarily or permanently or is visiting as a guest," and "dwelling" means "a building or conveyance of any kind that has a roof over it and that is designed to be occupied by…”
State v. Hughkeith, 2023 Ohio 1217 (Ohio Ct. App. 2023). · cites it 12דSince the modification of R.C. 2901.09, Ohio courts have debated whether the current version of the statute applies to offenders who committed the offense prior to the amendment but who are tried after the amendment became effective.”
State v. Duncan, 2022 Ohio 3665 (Ohio Ct. App. 2022). · cites it 28דDuncan also argues that R.C. 2901.09, as amended on April 6, 2021, eliminates a duty to retreat from the perceived threat if “that person is in a place in which the person lawfully has a right to be.”
State v. Knuff, 2024 Ohio 902 (Ohio 2024). · cites it 8ד{¶ 192} Former R.C. 2901.09, Ohio’s “castle doctrine” statute, enacted in 2008, created an exception to the duty to retreat, State v.”
State v. Angel, 2021 Ohio 4322 (Ohio Ct. App. 2021). · cites it 14דThe former version of R.C. 2901.09 in place at the time of trial in this case stated in relevant part: For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using…”
State v. Green, 2023 Ohio 4360 (Ohio Ct. App. 2023). · cites it 12ד05; R.C. 2901.09. {¶76} For ease of discussion, we will address Green’s second and third assignments of error together.”
State v. Estelle, 2021 Ohio 2636 (Ohio Ct. App. 2021). · cites it 8ד{¶21} R.C. 2901.09, as it existed on the day of the shooting and at the time of Estelle’s trial, provided that “a person who lawfully is in that person’s residence has no duty to retreat before using force in self-defense * * *.”
State v. Jones, 2022 Ohio 3162 (Ohio Ct. App. 2022). · cites it 15ד2021-CA-35, 2022-Ohio-2972 , that the stand-your-ground law’s changes to R.C. 2901.09 do not apply to a defendant who committed her offenses prior to April 6, 2021 and who was tried after that date.”
State v. Alexander, 2023 Ohio 3450 (Ohio Ct. App. 2023). · cites it 19דAlexander’s fourth assignment of error argues that his convictions were against the manifest weight of the evidence when considered without reference to the “Stand Your Ground” amendment to Section 2901.09 because the State failed to disprove that he acted in self- defense.”
State v. Shine-Johnson, 2018 Ohio 3347 (Ohio Ct. App. 2018). “As it is used in R.C. 2901.09(A), "residence" means "a dwelling in which a person resides either temporarily or permanently or is visiting as a guest," and "dwelling" means "a building or conveyance of any kind that has a roof over it and that is designed to be occupied by…”
State v. Angel, 2021 Ohio 4322 (Ohio Ct. App. 2021). “The former version of R.C. 2901.09 in place at the time of trial in this case stated in relevant part: For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using…”
State v. Estelle, 2021 Ohio 2636 (Ohio Ct. App. 2021). “{¶21} R.C. 2901.09, as it existed on the day of the shooting and at the time of Estelle’s trial, provided that “a person who lawfully is in that person’s residence has no duty to retreat before using force in self-defense * * *.”
State v. Shine-Johnson, 2018 Ohio 3347 (Ohio Ct. App. 2018). “As it is used in R.C. 2901.09(A), "residence" means "a dwelling in which a person resides either temporarily or permanently or is visiting as a guest," and "dwelling" means "a building or conveyance of any kind that has a roof over it and that is designed to be occupied by…”
State v. Miree, 2024 Ohio 5714 (Ohio 2024). “] Criminal law—Self-defense—R.C. 2901.09—Retroactive application—Trial court correctly applied former version of self-defense statute to crimes committed before amended statute’s effective date—Judgment affirmed.”
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022). “R.C. 2901.09, governing the duty to retreat, was amended after the subject offense occurred.”
State v. Jones, 2022 Ohio 3162 (Ohio Ct. App. 2022). “2021-CA-35, 2022-Ohio-2972 , that the stand-your-ground law’s changes to R.C. 2901.09 do not apply to a defendant who committed her offenses prior to April 6, 2021 and who was tried after that date.”
State v. Hughkeith, 2023 Ohio 1217 (Ohio Ct. App. 2023). “Since the modification of R.C. 2901.09, Ohio courts have debated whether the current version of the statute applies to offenders who committed the offense prior to the amendment but who are tried after the amendment became effective.”
— Ohio Rev. Code § 2901.09(C) — 20 cases
State v. Miree, 2024 Ohio 5714 (Ohio 2024). “] Criminal law—Self-defense—R.C. 2901.09—Retroactive application—Trial court correctly applied former version of self-defense statute to crimes committed before amended statute’s effective date—Judgment affirmed.”
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022). “R.C. 2901.09, governing the duty to retreat, was amended after the subject offense occurred.”
State v. Duncan, 2022 Ohio 3665 (Ohio Ct. App. 2022). “Duncan also argues that R.C. 2901.09, as amended on April 6, 2021, eliminates a duty to retreat from the perceived threat if “that person is in a place in which the person lawfully has a right to be.”
State v. Hughkeith, 2023 Ohio 1217 (Ohio Ct. App. 2023). “Since the modification of R.C. 2901.09, Ohio courts have debated whether the current version of the statute applies to offenders who committed the offense prior to the amendment but who are tried after the amendment became effective.”
State v. Hurt, 2022 Ohio 2039 (Ohio Ct. App. 2022). “In his proposed jury instructions, Hurt requested that the trial court instruct the jury in accordance with amended R.C. 2901.09. The trial court instead gave the following instructions to the jury: The defendant is allowed to use deadly force in self-defense.”
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