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Ohio Revised Code

Ohio Rev. Code § 2901.22 (2026)

Degrees of culpability attached to mental states

✓ current as of May 2026
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Effective:
March 23, 2015
Latest Legislation:
Senate Bill 361 - 130th General Assembly
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(A) A person acts purposely when it is the person's specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific intention to engage in conduct of that nature.

(B) A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.

(C) A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.

(D) A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.

(E) When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, or purpose is also sufficient culpability for such element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.
Notes of Decisions
Cited in 2,727 cases (990 in the last 5 years), 1974–2026 · leading case: State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016).
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State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016). · cites it 6× “” R.C. 2901.22(B). “Occupied structure” is defined as, among other things, a house that is maintained as a permanent dwelling or when at any time a person is present or likely to be present in it.”
State v. Trimble, 2009 Ohio 2961 (Ohio 2009). · cites it 4× “” R.C. 2901.22(A) states, “A person acts purposely when it is his specific intention to cause a certain result * * *.”
State v. Walker (Slip Opinion), 2016 Ohio 8295 (Ohio 2016). · cites it 2× “” R.C. 2901.22(A). Evidence of purpose, however, does not automatically mean that the element of prior calculation and design also exists.”
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). · cites it 6× “{¶ 12} “ * * * {¶ 13} “(D) As used in this section: {¶ 14} “ * * * {¶ 15} “(3) ‘Culpability’ means purpose, knowledge, recklessness, or negligence, as defined in section 2901.22 of the Revised Code.” (Emphasis added.”
State v. Mundy, 650 N.E.2d 502 (Ohio Ct. App. 1994). · cites it 5× “” R.C. 2901.22 provides, inter alia: “(A) A person acts purposely when it is his specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it…”
State v. Rodano, 2017 Ohio 1034 (Ohio Ct. App. 2017). · cites it 3× “{¶42} R.C. 2901.22(B) defines the mental state of “knowingly” as follows: A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature.”
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022). · cites it 5× “Under R.C. 2901.22(A), the state was not required to prove that Duncan or Miree acted with the specific intention to cause a certain result.”
State v. Fox, 2018 Ohio 501 (Ohio Ct. App. 2018). · cites it 4× “" R.C. 2901.22(B). When determining whether a defendant acted knowingly, his state of mind must be determined from the totality of the circumstances surrounding the alleged crime.”
State v. Young, 525 N.E.2d 1363 (Ohio 1988). · cites it 5× “We note that R.C. 2901.22, which defines the various levels of culpability, ranks “recklessly” just below “knowingly” in degree.”
State v. Boatright, 2017 Ohio 5794 (Ohio Ct. App. 2017). · cites it 5× “" Former R.C. 2901.22(B). {¶ 13} The record reflects that, prior to November 13, 2014, M.”
State v. Jordan, 2023 Ohio 3800 (Ohio 2023). · cites it 2× ““When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the…”
State v. Otten, 515 N.E.2d 1009 (Ohio Ct. App. 1986). · cites it 2× “Finding that Otten acted negligently referencing R.C. 2901.22 (D).” Although not specifically stated as such, these assignments of error appear to argue that Otten’s conviction was against the manifest weight of the evidence and contrary to law.”
Show all 2,727 citing cases →
— Ohio Rev. Code § 2901.22(A) — 650 cases
State v. Walker (Slip Opinion), 2016 Ohio 8295 (Ohio 2016). “” R.C. 2901.22(A). Evidence of purpose, however, does not automatically mean that the element of prior calculation and design also exists.”
State v. Carter, 651 N.E.2d 965 (Ohio 1995).
State v. Trimble, 2009 Ohio 2961 (Ohio 2009). “” R.C. 2901.22(A) states, “A person acts purposely when it is his specific intention to cause a certain result * * *.”
State v. Johnson, 858 N.E.2d 1144 (Ohio 2006).
State v. Jackson, 751 N.E.2d 946 (Ohio 2001).
— Ohio Rev. Code § 2901.22(A)(1) — 1 case
State v. Sowry, 803 N.E.2d 867 (Ohio Ct. App. 2004).
— Ohio Rev. Code § 2901.22(A)(3) — 1 case
State v. Kmosko, 2025 Ohio 2433 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2901.22(B) — 1643 cases
State v. Gervin, 2016 Ohio 8399 (Ohio Ct. App. 2016). “” R.C. 2901.22(B). “Occupied structure” is defined as, among other things, a house that is maintained as a permanent dwelling or when at any time a person is present or likely to be present in it.”
State v. Rodano, 2017 Ohio 1034 (Ohio Ct. App. 2017). “{¶42} R.C. 2901.22(B) defines the mental state of “knowingly” as follows: A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature.”
State v. Boatright, 2017 Ohio 5794 (Ohio Ct. App. 2017). “" Former R.C. 2901.22(B). {¶ 13} The record reflects that, prior to November 13, 2014, M.”
State v. Jordan, 2023 Ohio 3800 (Ohio 2023). ““When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the…”
State v. Jacinto, 2020 Ohio 3722 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2901.22(C) — 584 cases
State v. Trimble, 2009 Ohio 2961 (Ohio 2009). “” R.C. 2901.22(A) states, “A person acts purposely when it is his specific intention to cause a certain result * * *.”
State v. Smith, 2013 Ohio 1698 (Ohio 2013).
State v. Horner, 2010 Ohio 3830 (Ohio 2010).
State v. Freeman, 485 N.E.2d 1043 (Ohio 1985).
State v. Dinka, 2019 Ohio 4209 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2901.22(D) — 61 cases
State v. Fox, 2018 Ohio 501 (Ohio Ct. App. 2018). “" R.C. 2901.22(B). When determining whether a defendant acted knowingly, his state of mind must be determined from the totality of the circumstances surrounding the alleged crime.”
State v. Otten, 515 N.E.2d 1009 (Ohio Ct. App. 1986). “Finding that Otten acted negligently referencing R.C. 2901.22 (D).” Although not specifically stated as such, these assignments of error appear to argue that Otten’s conviction was against the manifest weight of the evidence and contrary to law.”
State v. Rawson, 2016 Ohio 1403 (Ohio Ct. App. 2016).
Shoup v. Doyle, 974 F. Supp. 2d 1058 (S.D. Ohio 2013).
State v. Warner, 564 N.E.2d 18 (Ohio 1990).
— Ohio Rev. Code § 2901.22(E) — 38 cases
State v. Colon, 885 N.E.2d 917 (Ohio 2008).
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). “{¶ 12} “ * * * {¶ 13} “(D) As used in this section: {¶ 14} “ * * * {¶ 15} “(3) ‘Culpability’ means purpose, knowledge, recklessness, or negligence, as defined in section 2901.22 of the Revised Code.” (Emphasis added.”
State v. Lester, 2009 Ohio 4225 (Ohio 2009).
State v. Tyler, 553 N.E.2d 576 (Ohio 1990).
State v. Young, 525 N.E.2d 1363 (Ohio 1988). “We note that R.C. 2901.22, which defines the various levels of culpability, ranks “recklessly” just below “knowingly” in degree.”
— Ohio Rev. Code § 2901.22(b) — 2 cases
Ronnie Harris v. United States, 422 F.3d 322 (6th Cir. 2005).
Harris v. United States (6th Cir. 2005).
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