(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, 256 N.E.3d 50.
State v. Miree, 2024-Ohio-5714, 256 N.E.3d 50. · 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. · 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, 199 N.E.3d 72. · 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, 117 N.E.3d 986. · 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, 212 N.E.3d 1147. · 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. · 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, 239 N.E.3d 259. · 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. · 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, 231 N.E.3d 1. · 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, 176 N.E.3d 380. · 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, 195 N.E.3d 561. · 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. · 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, 117 N.E.3d 986. “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. “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, 176 N.E.3d 380. “{¶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, 117 N.E.3d 986. “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, 256 N.E.3d 50. “] 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, 199 N.E.3d 72. “R.C. 2901.09, governing the duty to retreat, was amended after the subject offense occurred.”
State v. Jones, 2022-Ohio-3162, 195 N.E.3d 561. “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, 212 N.E.3d 1147. “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, 256 N.E.3d 50. “] 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, 199 N.E.3d 72. “R.C. 2901.09, governing the duty to retreat, was amended after the subject offense occurred.”
State v. Duncan, 2022-Ohio-3665. “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, 212 N.E.3d 1147. “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. “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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