Ohio Revised Code

Ohio Rev. Code § 2903.01 (2026)

Aggravated murder

✓ current as of May 2026
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(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.

(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.

(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.

(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.

(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:

(1) The victim, at the time of the commission of the offense, is engaged in the victim's duties.

(2) It is the offender's specific purpose to kill a law enforcement officer.

(F) No person shall purposely cause the death of a first responder or military member whom the offender knows or has reasonable cause to know is a first responder or military member when it is the offender's specific purpose to kill a first responder or military member.

(G) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.

(H) As used in this section:

(1) "Detention" has the same meaning as in section 2921.01 of the Revised Code.

(2) "Law enforcement officer" has the same meaning as in section 2911.01 of the Revised Code and also includes any federal law enforcement officer as defined in section 2921.51 of the Revised Code and anyone who has previously served as a law enforcement officer or federal law enforcement officer.

(3) "First responder" means an emergency medical service provider, a firefighter, or any other emergency response personnel, or anyone who has previously served as a first responder.

(4) "Military member" means a member of the armed forces of the United States, reserves, or Ohio national guard, a participant in ROTC, JROTC, or any similar military training program, or anyone who has previously served in the military.

Notes of Decisions
Cited in 1,818 cases (522 in the last 5 years), 1954–2026 · leading case: State v. Walker (Slip Opinion), 2016 Ohio 8295 (Ohio 2016).
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State v. Walker (Slip Opinion), 2016 Ohio 8295 (Ohio 2016). · cites it 18× “] Criminal law—Aggravated murder—R.C. 2903.01—Prior calculation and design—The elements for purpose and prior calculation and design are distinct, and the state must prove both to support a conviction of aggravated murder under R.”
State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). · cites it 15× “Regarding each victim, the grand jury indicted Sowell on two counts of aggravated murder: one for prior calculation and design, R.C. 2903.01(A), and one for felony murder, R.”
State v. Adams (Slip Opinion), 2015 Ohio 3954 (Ohio 2015). · cites it 12× “The trial court disagreed because aggravated murder (R.C. 2903.01) has no limitations period. R.”
State v. Nelson, 2017 Ohio 5568 (Ohio Ct. App. 2017). · cites it 24× “After a thorough review of the record and law, we vacate Nelson’s conviction for aggravated murder in violation of R.C. 2903.01(A), and affirm the remaining convictions and the trial court’s sentence.”
State v. McKelton (Slip Opinion), 2016 Ohio 5735 (Ohio 2016). · cites it 6× “02(B), and the aggravated murder of Evans, R.C. 2903.01(A). The aggravated-murder charge carried a firearm specification, R.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 12× “R.C. 2903.01 provides, in relevant part: “(A) No person shall purposely, and with prior calculation and design, cause the death of another.”
State v. Treesh, 739 N.E.2d 749 (Ohio 2001). · cites it 7× “Ohio’s statutory provisions governing the imposition of the death penalty, contained in Ohio Revised Code Sections 2903.01, 2929.02, 2929.021, 2929.”
State v. Wesson, 2013 Ohio 4575 (Ohio 2013). · cites it 14× “4 January Term, 2013 {¶ 14} A grand jury indicted Wesson for three counts of aggravated murder: aggravated murder with prior calculation and design, R.C. 2903.01(A); aggravated murder while committing aggravated robbery, R.”
State v. Campbell, 2000 Ohio 183 (Ohio 2000). · cites it 14× “Count One charged aggravated murder under R.C. 2903.01(A) (prior calculation and design).”
State v. Fry, 2010 Ohio 1017 (Ohio 2010). · cites it 10× “{¶ 3} Count Two charged Fry with aggravated murder by purposely killing Hardison with prior calculation and design, R.C. 2903.01(A), and Count Three charged him with felony murder, R.”
State v. Williams (Slip Opinion), 2016 Ohio 7658 (Ohio 2016). · cites it 6× “13(F), for punishment of the crime of AGGRAVATED MURDER, Ohio Revised Code Section 2903.01(B), a special felony; for a definite term of LIFE WITH PAROLE after Thirty (30) years, which is a mandatory term pursuant to O.”
State v. Palmer, 1997 Ohio 312 (Ohio 1997). · cites it 14× “For each of these two murders, two counts were returned: one charging that the offense was committed with prior calculation and design (R.C. 2903.01[A]), and one charging felony murder (R.”
Show all 1,818 citing cases →
— Ohio Rev. Code § 2903.01(A) — 820 cases
State v. Walker (Slip Opinion), 2016 Ohio 8295 (Ohio 2016). “] Criminal law—Aggravated murder—R.C. 2903.01—Prior calculation and design—The elements for purpose and prior calculation and design are distinct, and the state must prove both to support a conviction of aggravated murder under R.”
State v. McKelton (Slip Opinion), 2016 Ohio 5735 (Ohio 2016). “02(B), and the aggravated murder of Evans, R.C. 2903.01(A). The aggravated-murder charge carried a firearm specification, R.”
State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). “Regarding each victim, the grand jury indicted Sowell on two counts of aggravated murder: one for prior calculation and design, R.C. 2903.01(A), and one for felony murder, R.”
State v. Nelson, 2017 Ohio 5568 (Ohio Ct. App. 2017). “After a thorough review of the record and law, we vacate Nelson’s conviction for aggravated murder in violation of R.C. 2903.01(A), and affirm the remaining convictions and the trial court’s sentence.”
State v. Conway, 108 Ohio St. 3d 214 (Ohio 2006).
— Ohio Rev. Code § 2903.01(A)(1) — 6 cases
State v. George, 2016 Ohio 7886 (Ohio Ct. App. 2016).
State v. Whisenant, 711 N.E.2d 1016 (Ohio Ct. App. 1998).
State v. Reed, 2013 Ohio 3970 (Ohio Ct. App. 2013).
State v. Sturgill, 2016 Ohio 3117 (Ohio Ct. App. 2016).
State v. Thomas, 2023 Ohio 302 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2903.01(A)(1)(B) — 1 case
State v. Given, 2016 Ohio 4746 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2903.01(A)(1)(C) — 1 case
State v. Abrams, 2016 Ohio 5581 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2903.01(A)(1)(a) — 1 case
State v. O'Keefe, 2019 Ohio 841 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2903.01(A)(2) — 2 cases
State v. Daniel, 2016 Ohio 5231 (Ohio Ct. App. 2016).
Hawkins v. Warden, Belmont Corr. Inst. (S.D. Ohio 2020).
— Ohio Rev. Code § 2903.01(A)(3) — 1 case
State v. Payne, 2024 Ohio 5575 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2903.01(A)(C) — 2 cases
State v. Richardson, 2024 Ohio 2702 (Ohio Ct. App. 2024).
State v. Poole, 2013 Ohio 1434 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2903.01(A)(D) — 2 cases
State v. Chapman, 2020 Ohio 5589 (Ohio Ct. App. 2020).
Chapman v. Foley (N.D. Ohio 2024).
— Ohio Rev. Code § 2903.01(A)(F) — 17 cases
State v. Shaw, 2013 Ohio 5292 (Ohio Ct. App. 2013).
State v. Everson, 2016 Ohio 87 (Ohio Ct. App. 2016).
State v. Barnette, 2014 Ohio 5673 (Ohio Ct. App. 2014).
State v. James, 2020 Ohio 4289 (Ohio Ct. App. 2020).
State v. Charity, 2013 Ohio 5385 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2903.01(B) — 648 cases
State v. Adams (Slip Opinion), 2015 Ohio 3954 (Ohio 2015). “The trial court disagreed because aggravated murder (R.C. 2903.01) has no limitations period. R.”
State v. Trimble, 2009 Ohio 2961 (Ohio 2009).
State v. Fry, 2010 Ohio 1017 (Ohio 2010). “{¶ 3} Count Two charged Fry with aggravated murder by purposely killing Hardison with prior calculation and design, R.C. 2903.01(A), and Count Three charged him with felony murder, R.”
State v. Wesson, 2013 Ohio 4575 (Ohio 2013). “4 January Term, 2013 {¶ 14} A grand jury indicted Wesson for three counts of aggravated murder: aggravated murder with prior calculation and design, R.C. 2903.01(A); aggravated murder while committing aggravated robbery, R.”
State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). “Regarding each victim, the grand jury indicted Sowell on two counts of aggravated murder: one for prior calculation and design, R.C. 2903.01(A), and one for felony murder, R.”
— Ohio Rev. Code § 2903.01(B)(1) — 2 cases
State v. Bandy, 2017 Ohio 5593 (Ohio Ct. App. 2017).
State v. Valines, 2014 Ohio 890 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2903.01(B)(2) — 1 case
State v. Crager, 844 N.E.2d 390 (Ohio Ct. App. 2005).
— Ohio Rev. Code § 2903.01(B)(3) — 1 case
State v. Hudson, 2020 Ohio 3577 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2903.01(B)(7) — 1 case
Dieterle v. Warden, Marion Corr. Inst. (S.D. Ohio 2023).
— Ohio Rev. Code § 2903.01(B)(C) — 1 case
State v. Ferrara, 2015 Ohio 3822 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2903.01(B)(D) — 2 cases
State v. Chapman, 2020 Ohio 5589 (Ohio Ct. App. 2020).
Chapman v. Foley (N.D. Ohio 2024).
— Ohio Rev. Code § 2903.01(B)(F) — 19 cases
State v. Dixon, 2013 Ohio 2951 (Ohio Ct. App. 2013).
State v. Reese, 2016 Ohio 557 (Ohio Ct. App. 2016).
State v. Magby, 2019 Ohio 877 (Ohio Ct. App. 2019).
State v. Barnette, 2014 Ohio 5673 (Ohio Ct. App. 2014).
State v. Davis, 2011 Ohio 292 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2903.01(C) — 51 cases
State v. Fitzpatrick, 102 Ohio St. 3d 321 (Ohio 2004).
State v. Montgomery (Slip Opinion), 2016 Ohio 5487 (Ohio 2016).
State v. Grube, 2013 Ohio 692 (Ohio Ct. App. 2013).
State v. Luebrecht, 2019 Ohio 1573 (Ohio Ct. App. 2019).
State v. Hunter, 2011 Ohio 6524 (Ohio 2011).
— Ohio Rev. Code § 2903.01(C)(F) — 3 cases
State v. Davis, 2011 Ohio 292 (Ohio Ct. App. 2011).
State v. Wilson, 2015 Ohio 4808 (Ohio Ct. App. 2015).
State v. Flora, 2020 Ohio 3363 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2903.01(D) — 52 cases
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). “R.C. 2903.01 provides, in relevant part: “(A) No person shall purposely, and with prior calculation and design, cause the death of another.”
State v. Maurer, 473 N.E.2d 768 (Ohio 1984).
State v. Williams (Slip Opinion), 2016 Ohio 7658 (Ohio 2016). “13(F), for punishment of the crime of AGGRAVATED MURDER, Ohio Revised Code Section 2903.01(B), a special felony; for a definite term of LIFE WITH PAROLE after Thirty (30) years, which is a mandatory term pursuant to O.”
State v. Campbell, 2000 Ohio 183 (Ohio 2000). “Count One charged aggravated murder under R.C. 2903.01(A) (prior calculation and design).”
In re Washington, 691 N.E.2d 285 (Ohio 1998).
— Ohio Rev. Code § 2903.01(E) — 7 cases
State v. Bryan, 101 Ohio St. 3d 272 (Ohio 2004).
State v. Thompson (Slip Opinion), 2014 Ohio 4751 (Ohio 2014).
State v. Coley, 754 N.E.2d 1129 (Ohio 2001).
State v. Rutledge, 2019 Ohio 3460 (Ohio Ct. App. 2019).
State v. Coley, 2001 Ohio 1340 (Ohio 2001).
— Ohio Rev. Code § 2903.01(E)(1) — 2 cases
State v. Roush, 2014 Ohio 4887 (Ohio Ct. App. 2014).
Robinson v. Henderson (N.D. Ohio 2024).
— Ohio Rev. Code § 2903.01(E)(2) — 3 cases
State v. Baugh, 2018 Ohio 857 (Ohio Ct. App. 2018).
State v. Primm, 2016 Ohio 5237 (Ohio Ct. App. 2016).
State v. Howard, 2025 Ohio 273 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2903.01(F) — 9 cases
State v. Campbell, 2016 Ohio 7613 (Ohio Ct. App. 2016).
State v. Raber, 938 N.E.2d 1060 (Ohio Ct. App. 2010).
State v. Mathis, 2020 Ohio 3068 (Ohio Ct. App. 2020).
State v. Baugh, 2018 Ohio 857 (Ohio Ct. App. 2018).
State v. Markins, 2013 Ohio 602 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2903.01(G) — 3 cases
State v. Mathis, 2020 Ohio 3068 (Ohio Ct. App. 2020).
State v. Overton, 2025 Ohio 5606 (Ohio Ct. App. 2025).
State v. Miller, 2021 Ohio 3381 (Ohio Ct. App. 2021).
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