Ohio Rev. Code » Chapter 2903
Ohio Revised Code

Ohio Rev. Code § 2903.01 (2026)

Aggravated murder

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Effective:
March 20, 2019
Latest Legislation:
House Bill 38 - 132nd General Assembly
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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, 82 N.E.3d 1124.
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State v. Walker (Slip Opinion), 2016-Ohio-8295, 82 N.E.3d 1124. · 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, 71 N.E.3d 1034. · 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, 45 N.E.3d 127. · 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, 93 N.E.3d 472. · 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, 70 N.E.3d 508. · 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, 999 N.E.2d 557. · 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, 738 N.E.2d 1178 (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, 926 N.E.2d 1239. · 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, 71 N.E.3d 234. · 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, 687 N.E.2d 685 (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, 82 N.E.3d 1124. “] 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, 70 N.E.3d 508. “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, 71 N.E.3d 1034. “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, 93 N.E.3d 472. “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, 842 N.E.2d 996 (Ohio 2006).
Ohio Rev. Code § 2903.01(A)(1): 6 cases
State v. George, 2016-Ohio-7886.
State v. Whisenant, 711 N.E.2d 1016 (Ohio Ct. App. 11th Dist. 1998).
State v. Reed, 2013-Ohio-3970.
State v. Sturgill, 2016-Ohio-3117.
State v. Thomas, 2023-Ohio-302, 208 N.E.3d 125.
Ohio Rev. Code § 2903.01(A)(1)(B): 1 case
State v. Given, 2016-Ohio-4746.
Ohio Rev. Code § 2903.01(A)(1)(C): 1 case
State v. Abrams, 2016-Ohio-5581.
Ohio Rev. Code § 2903.01(A)(1)(a): 1 case
State v. O'Keefe, 2019-Ohio-841.
Ohio Rev. Code § 2903.01(A)(2): 2 cases
State v. Daniel, 2016-Ohio-5231.
Hawkins v. Warden, Belmont Corr. Inst., No. 1:20-cv-00014 (S.D. Ohio Dec. 1, 2020).
Ohio Rev. Code § 2903.01(A)(3): 1 case
State v. Payne, 2024-Ohio-5575.
Ohio Rev. Code § 2903.01(A)(C): 2 cases
State v. Richardson, 2024-Ohio-2702.
State v. Poole, 2013-Ohio-1434.
Ohio Rev. Code § 2903.01(A)(D): 2 cases
State v. Chapman, 2020-Ohio-5589.
Chapman v. Foley, No. 4:23-cv-00735 (N.D. Ohio Dec. 20, 2024).
Ohio Rev. Code § 2903.01(A)(F): 17 cases
State v. Shaw, 2013-Ohio-5292.
State v. Everson, 2016-Ohio-87.
State v. Barnette, 2014-Ohio-5673.
State v. James, 2020-Ohio-4289.
State v. Charity, 2013-Ohio-5385.
Ohio Rev. Code § 2903.01(B): 648 cases
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “The trial court disagreed because aggravated murder (R.C. 2903.01) has no limitations period. R.”
State v. Trimble, 2009-Ohio-2961, 911 N.E.2d 242.
State v. Fry, 2010-Ohio-1017, 926 N.E.2d 1239. “{¶ 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, 999 N.E.2d 557. “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, 71 N.E.3d 1034. “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.
State v. Valines, 2014-Ohio-890.
Ohio Rev. Code § 2903.01(B)(2): 1 case
State v. Crager, 844 N.E.2d 390 (Ohio Ct. App. 3d Dist. 2005).
Ohio Rev. Code § 2903.01(B)(3): 1 case
State v. Hudson, 2020-Ohio-3577.
Ohio Rev. Code § 2903.01(B)(7): 1 case
Dieterle v. Warden, Marion Corr. Inst., No. 1:22-cv-00648 (S.D. Ohio Oct. 2, 2023).
Ohio Rev. Code § 2903.01(B)(C): 1 case
State v. Ferrara, 2015-Ohio-3822.
Ohio Rev. Code § 2903.01(B)(D): 2 cases
State v. Chapman, 2020-Ohio-5589.
Chapman v. Foley, No. 4:23-cv-00735 (N.D. Ohio Dec. 20, 2024).
Ohio Rev. Code § 2903.01(B)(F): 19 cases
State v. Dixon, 2013-Ohio-2951.
State v. Reese, 2016-Ohio-557.
State v. Magby, 2019-Ohio-877.
State v. Barnette, 2014-Ohio-5673.
State v. Davis, 2011-Ohio-292.
Ohio Rev. Code § 2903.01(C): 51 cases
State v. Fitzpatrick, 102 Ohio St. 3d 321 (2004).
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180.
State v. Grube, 2013-Ohio-692.
State v. Luebrecht, 2019-Ohio-1573.
State v. Hunter, 2011-Ohio-6524, 960 N.E.2d 955.
Ohio Rev. Code § 2903.01(C)(F): 3 cases
State v. Davis, 2011-Ohio-292.
State v. Wilson, 2015-Ohio-4808.
State v. Flora, 2020-Ohio-3363.
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, 71 N.E.3d 234. “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, 738 N.E.2d 1178 (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, 804 N.E.2d 433 (Ohio 2004).
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096.
State v. Coley, 754 N.E.2d 1129 (Ohio 2001).
State v. Rutledge, 2019-Ohio-3460.
State v. Coley, 93 Ohio St. 3d 253 (2001).
Ohio Rev. Code § 2903.01(E)(1): 2 cases
State v. Roush, 2014-Ohio-4887.
Robinson v. Henderson, No. 3:23-cv-00089, 2024 WL 4856061 (N.D. Ohio Nov. 21, 2024).
Ohio Rev. Code § 2903.01(E)(2): 3 cases
State v. Baugh, 2018-Ohio-857.
State v. Primm, 2016-Ohio-5237.
State v. Howard, 2025-Ohio-273.
Ohio Rev. Code § 2903.01(F): 9 cases
State v. Campbell, 2016-Ohio-7613.
State v. Raber, 938 N.E.2d 1060 (Ohio Ct. App. 9th Dist. 2010).
State v. Mathis, 2020-Ohio-3068.
State v. Baugh, 2018-Ohio-857.
State v. Markins, 2013-Ohio-602.
Ohio Rev. Code § 2903.01(G): 3 cases
State v. Mathis, 2020-Ohio-3068.
State v. Overton, 2025-Ohio-5606.
State v. Miller, 2021-Ohio-3381.
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