Ohio Revised Code

Ohio Rev. Code § 2903.05 (2026)

Negligent homicide

✓ current as of May 2026
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(A) No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code.

(B) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1981–2024 · leading case: State v. Tyler, 553 N.E.2d 576 (Ohio 1990).
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State v. Tyler, 553 N.E.2d 576 (Ohio 1990). · cites it 2× “Finally, negligent homicide under R.C. 2903.05 consists of “negligently causing] the death of another by means of a deadly weapon or dangerous ordnance * * The use of a deadly weapon or dangerous ordnance is not an element of aggravated murder.”
State v. Clark, 880 N.E.2d 150 (Ohio Ct. App. 2007). · cites it 2× “{¶ 2} On July 7, 2006, a Van Wert County grand jury returned an indictment charging Clark with one count of negligent homicide, a misdemeanor of the first degree in violation of R.C. 2903.05(A). The indictment stated that “on or about *721 the fifteenth day of January, 2006 at…”
State v. Koss, 551 N.E.2d 970 (Ohio 1990). “” “Negligent homicide,” R.C. 2903.05, is defined as: “(A) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined in section 2923.”
In re D.M.S., 2021 Ohio 1214 (Ohio Ct. App. 2021). · cites it 3× “asks the Court to consider O.R.C. 2903.05 and the legislative intent behind that statute.”
State v. Jacks, 578 N.E.2d 512 (Ohio Ct. App. 1989). “We further note that the prosecutor improperly referred to this erroneous instruction in closing arguments.”
State v. Chippendale, 556 N.E.2d 1134 (Ohio 1990). “C. 1.51. In fact, the legislative history of R.”
State v. Brown, 2021 Ohio 2540 (Ohio Ct. App. 2021). “R.C. 2903.05, which prohibits negligent homicide, requires negligence with regard to the death of the victim.”
State v. Campbell, 691 N.E.2d 711 (Ohio Ct. App. 1997). · cites it 3× “04(B) with other homicide statutes, such as negligent homicide, R.C. 2903.05, and vehicular homicide, R.C.”
State v. Perrien, 2020 Ohio 798 (Ohio Ct. App. 2020). · cites it 3× “02(B), and that negligent homicide, in violation of R.C. 2903.05(A), is not a lesser-included offense of homicide.”
State v. Majid, 2012 Ohio 1192 (Ohio Ct. App. 2012). “041, negligent homicide in violation of R.C. 2903.05, 29 discharging into a habitation in violation of R.”
State v. Cook, 519 N.E.2d 419 (Ohio Ct. App. 1987). · cites it 2× “” On April 29, 1986, appellee filed a motion to either dismiss the indictment or amend the charge to negligent homicide under R.C. 2903.05. 2 ^Appellee argued that if his underlying conduct constituted a negligent assault upon the victim, which thereafter ultimately resulted in…”
State v. Rohdes, 492 N.E.2d 430 (Ohio 1986). “Under the analysis set forth above, the trier of fact could not reasonably find the existence of the elements of negligent homicide; therefore, in this case, it is not a lesser included offense of murder and instructions as to it were properly rejected by the trial court.”
Show all 29 citing cases →
— Ohio Rev. Code § 2903.05(A) — 9 cases
State v. Clark, 880 N.E.2d 150 (Ohio Ct. App. 2007). “{¶ 2} On July 7, 2006, a Van Wert County grand jury returned an indictment charging Clark with one count of negligent homicide, a misdemeanor of the first degree in violation of R.C. 2903.05(A). The indictment stated that “on or about *721 the fifteenth day of January, 2006 at…”
State v. Perrien, 2020 Ohio 798 (Ohio Ct. App. 2020). “02(B), and that negligent homicide, in violation of R.C. 2903.05(A), is not a lesser-included offense of homicide.”
State v. Haynes, 719 N.E.2d 576 (Ohio Ct. App. 1998).
In re D.M.S., 2021 Ohio 1214 (Ohio Ct. App. 2021). “asks the Court to consider O.R.C. 2903.05 and the legislative intent behind that statute.”
State v. English, 2014 Ohio 89 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2903.05(B) — 2 cases
State v. Chippendale, 556 N.E.2d 1134 (Ohio 1990). “C. 1.51. In fact, the legislative history of R.”
State v. Campbell, 691 N.E.2d 711 (Ohio Ct. App. 1997). “04(B) with other homicide statutes, such as negligent homicide, R.C. 2903.05, and vehicular homicide, R.C.”
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