Ohio Revised Code

Ohio Rev. Code § 2901.20 (2026)

New criminal offenses; degree of mental culpability required

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Effective:

March 23, 2015

Latest Legislation:

Senate Bill 361 - 130th General Assembly

PDF:

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(A) Every act enacted on or after the effective date of this section that creates a new criminal offense shall specify the degree of mental culpability required for commission of the offense. A criminal offense for which no degree of mental culpability is specified that is enacted in an act in violation of this division is void.

(B) Division (A) of this section does not apply to the amendment of a criminal offense that existed on the effective date of this section, but it does apply to a new criminal offense added to a statute that existed on the effective date of this section.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2017–2022 · leading case: State v. Brock, 2019-Ohio-3116, 140 N.E.3d 1239.

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State v. Brock, 2019-Ohio-3116, 140 N.E.3d 1239. · cites it 2× “22, and enacted R.C. 2901.20. According to the preamble of the bill, the amendments to existing statutes and enactment of the new statute were intended “to clarify when strict criminal liability is imposed or a degree of culpability is required for the commission of an offense,…”

Middle Hts. v. Troyan, 2017-Ohio-7073. · cites it 7× “22 does not specify a degree of mental culpability, and that recent legislation, R.C. 2901.20, reflects an intent to reduce the number of strict liability offenses.”

State ex rel. Cartwright v. Ohio Adult Parole Bd., 2022-Ohio-2934. · cites it 3× “The audio recording included testimony by parole officer 1 R.C. 2901.20(A) states in part that "[e]very act enacted on or after the effective date of this section that creates a new criminal offense shall specify the degree of mental culpability required for commission of the…”

Ohio Rev. Code § 2901.20(A): 2 cases

State v. Brock, 2019-Ohio-3116, 140 N.E.3d 1239. “22, and enacted R.C. 2901.20. According to the preamble of the bill, the amendments to existing statutes and enactment of the new statute were intended “to clarify when strict criminal liability is imposed or a degree of culpability is required for the commission of an offense,…”

State ex rel. Cartwright v. Ohio Adult Parole Bd., 2022-Ohio-2934. “The audio recording included testimony by parole officer 1 R.C. 2901.20(A) states in part that "[e]very act enacted on or after the effective date of this section that creates a new criminal offense shall specify the degree of mental culpability required for commission of the…”

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