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Ohio Revised Code

Ohio Rev. Code § 2923.02 (2026)

Attempt to commit an offense

✓ current as of May 2026
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Effective:
March 20, 2019
Latest Legislation:
House Bill 38 - 132nd General Assembly
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(A) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

(B) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.

(C) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense shall be convicted of an attempt to commit the same offense in violation of this section.

(D) It is an affirmative defense to a charge under this section that the actor abandoned the actor's effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose.

(E)(1) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Chapter 3734. of the Revised Code that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes, an attempt is a felony punishable by a fine of not more than twenty-five thousand dollars or imprisonment for not more than eighteen months, or both. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.

(2) If a person is convicted of or pleads guilty to attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the offender shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code.

(3) In addition to any other sanctions imposed pursuant to division (E)(1) of this section for an attempt to commit aggravated murder or murder in violation of division (A) of this section, if the offender used a motor vehicle as the means to attempt to commit the offense, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.

(4) If a person is convicted of or found guilty of an attempt to commit aggravated murder of the type described in division (E) or (F) of section 2903.01 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.

(F) As used in this section:

(1) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.

(2) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Notes of Decisions
Cited in 1,494 cases (575 in the last 5 years), 1977–2026 · leading case: State v. Grp., 2002 Ohio 7247 (Ohio 2002).
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State v. Grp., 2002 Ohio 7247 (Ohio 2002). · cites it 6× “” The state contends that Group’s actions in this case— repeatedly asking Perry to firebomb the house, giving him the address and the firebomb recipe, offering to reward him, instructing him to leave a false trail— were enough to permit the jury to find him guilty of attempted…”
State v. Sipple, 2021 Ohio 1319 (Ohio Ct. App. 2021). · cites it 7× “Law and Analysis {¶46} R.C. 2923.02 provides that, “No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.”
State v. Taylor, 113 Ohio St. 3d 297 (Ohio 2007). · cites it 12× “{¶ 4} The state argues that Taylor was properly convicted and sentenced under R.C. 2923.02, the attempt statute, and that the trial court thus properly accepted Taylor’s plea without informing him of the mandatory sentencing requirements applicable only to drug offenses.”
State v. Williams, 2010 Ohio 147 (Ohio 2010). · cites it 8× “02(B) and the attempt section, R.C. 2923.02. {¶ 10} The appellate court concluded that the specific intent to kill, inferred from Williams’s use of a weapon, subsumed his intent to cause serious physical harm to McKinney.”
State v. Kirkland (Slip Opinion), 2014 Ohio 1966 (Ohio 2014). · cites it 4× “A criminal attempt occurs when a person, “purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, * * * engage[s] in conduct that, if successful, would constitute or result in the offense.”
State v. V.M.D., 2016 Ohio 8090 (Ohio 2016). · cites it 6× “The state also moved to nolle prosequi Count 2 and to incorporate the attempt statute, R.C. 2923.02, into the complicity-to-commit-intimidation charge in Count 3, making that offense also a felony of the fourth degree.”
State v. Morris, 2021 Ohio 2646 (Ohio Ct. App. 2021). · cites it 5× “20-COA-015 6 {¶16} On October 10, 2019, the Ashland County Grand Jury indicted Appellant on the following charges: two counts of Complicity to Aggravated Murder, each unclassified felonies, in violation of R.C. §2923.02 and §2903.01(A), and each containing a firearm…”
State v. Leonard, 104 Ohio St. 3d 54 (Ohio 2004). · cites it 3× “Also, the trial court did not erroneously expand the definition of “attempt” set forth in R.C. 2923.02. The trial court’s definition substantially conformed to the definition of “attempt” set forth in State v.”
State v. Liddy, 2022 Ohio 4282 (Ohio Ct. App. 2022). · cites it 11× “Attempted Failure To Comply {¶37} Attempt is governed by R.C. 2923.02. R.C. 2923.02(A) provides that “[n]o person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would…”
State v. Sowell (Slip Opinion), 2016 Ohio 8025 (Ohio 2016). · cites it 3× “01(A)(3) and (A)(4), and one count of attempted murder, pursuant to R.C. 2923.02 and 2903.02(A). Sowell was also charged with two counts of rape committed against Billups and Morris and one count of attempted rape committed against Wade.”
State v. Deanda, 2013 Ohio 1722 (Ohio 2013). · cites it 5× “Deanda attacked Swartz with a stick until Swartz wrested the stick from Deanda and began to hit him with it.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). · cites it 3× “{¶ 142} R.C. 2923.02(A), Ohio’s attempt statute, refers to purposely or knowingly engaging in “conduct that, if successful, would constitute or result in the offense.”
Show all 1,494 citing cases →
— Ohio Rev. Code § 2923.02(A) — 647 cases
State v. Grp., 2002 Ohio 7247 (Ohio 2002). “” The state contends that Group’s actions in this case— repeatedly asking Perry to firebomb the house, giving him the address and the firebomb recipe, offering to reward him, instructing him to leave a false trail— were enough to permit the jury to find him guilty of attempted…”
State v. Kirkland (Slip Opinion), 2014 Ohio 1966 (Ohio 2014). “A criminal attempt occurs when a person, “purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, * * * engage[s] in conduct that, if successful, would constitute or result in the offense.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). “{¶ 142} R.C. 2923.02(A), Ohio’s attempt statute, refers to purposely or knowingly engaging in “conduct that, if successful, would constitute or result in the offense.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984).
State v. Deanda, 2013 Ohio 1722 (Ohio 2013). “Deanda attacked Swartz with a stick until Swartz wrested the stick from Deanda and began to hit him with it.”
— Ohio Rev. Code § 2923.02(A)(1) — 8 cases
State v. Flanagan, 2019 Ohio 4665 (Ohio Ct. App. 2019).
State v. Johnson, 2024 Ohio 5274 (Ohio Ct. App. 2024).
State v. Castaneda, 861 N.E.2d 601 (Ohio Ct. App. 2006).
State v. Smith, 2014 Ohio 3420 (Ohio Ct. App. 2014).
State v. Cunningham, 2017 Ohio 4069 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.02(A)(2) — 19 cases
State v. Shabazz (Slip Opinion), 2016 Ohio 1055 (Ohio 2016).
State v. Bradshaw, 2023 Ohio 1244 (Ohio Ct. App. 2023).
State v. Mincey, 2023 Ohio 472 (Ohio Ct. App. 2023).
State v. Forney, 2013 Ohio 3458 (Ohio Ct. App. 2013).
State v. Poff, 2021 Ohio 384 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2923.02(A)(3) — 4 cases
State ex rel. Stanley v. D'Apolito, 2010 Ohio 4850 (Ohio Ct. App. 2010).
State v. D'Apolito, 2010 Ohio 3371 (Ohio Ct. App. 2010).
State v. Williams, 2019 Ohio 3026 (Ohio Ct. App. 2019).
State v. Tunison, 2026 Ohio 1432 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2923.02(A)(4) — 1 case
Dunkle v. Dep't of Rehab. & Corr., 2017 Ohio 551 (Ohio 2017).
— Ohio Rev. Code § 2923.02(A)(D) — 2 cases
State v. Stewart, 2013 Ohio 753 (Ohio Ct. App. 2013).
State v. Antonacci, 2025 Ohio 1304 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.02(A)(E) — 3 cases
State v. Chapman, 2020 Ohio 5589 (Ohio Ct. App. 2020).
State v. Adams, 2013 Ohio 1433 (Ohio Ct. App. 2013).
State v. Adams, 2011 Ohio 6428 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2923.02(A)(E)(1) — 2 cases
State v. Depinet, 2013 Ohio 1850 (Ohio Ct. App. 2013).
State v. Armstrong, 2011 Ohio 661 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2923.02(A)(F) — 1 case
State v. Jackson, 2014 Ohio 777 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.02(B) — 20 cases
State v. Frazier, 2012 Ohio 1198 (Ohio Ct. App. 2012).
State v. Williams, 2024 Ohio 2307 (Ohio Ct. App. 2024).
State v. Elahee, 2017 Ohio 7085 (Ohio Ct. App. 2017).
State v. Tuggle, 2023 Ohio 3965 (Ohio Ct. App. 2023).
State v. Bartrum, 902 N.E.2d 961 (Ohio 2009).
— Ohio Rev. Code § 2923.02(D) — 14 cases
State v. Carter, 2010 Ohio 6316 (Ohio Ct. App. 2010).
State v. Cervantes, 2022 Ohio 2536 (Ohio Ct. App. 2022).
State v. Turner, 805 N.E.2d 124 (Ohio Ct. App. 2004).
State v. McConnell, 2023 Ohio 654 (Ohio Ct. App. 2023).
State v. Simon, 2021 Ohio 2738 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2923.02(E) — 16 cases
State v. Powell, 552 N.E.2d 191 (Ohio 1990).
State v. Azeen (Slip Opinion), 2021 Ohio 1735 (Ohio 2021).
State v. Taylor, 113 Ohio St. 3d 297 (Ohio 2007). “{¶ 4} The state argues that Taylor was properly convicted and sentenced under R.C. 2923.02, the attempt statute, and that the trial court thus properly accepted Taylor’s plea without informing him of the mandatory sentencing requirements applicable only to drug offenses.”
State v. McDonald, 509 N.E.2d 57 (Ohio 1987).
State v. Harper, 2017 Ohio 8963 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.02(E)(1) — 41 cases
State v. Taylor, 113 Ohio St. 3d 297 (Ohio 2007). “{¶ 4} The state argues that Taylor was properly convicted and sentenced under R.C. 2923.02, the attempt statute, and that the trial court thus properly accepted Taylor’s plea without informing him of the mandatory sentencing requirements applicable only to drug offenses.”
State v. Liddy, 2022 Ohio 4282 (Ohio Ct. App. 2022). “Attempted Failure To Comply {¶37} Attempt is governed by R.C. 2923.02. R.C. 2923.02(A) provides that “[n]o person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would…”
State v. Carson, 2013 Ohio 5785 (Ohio Ct. App. 2013).
State v. Brown, 2022 Ohio 3736 (Ohio Ct. App. 2022).
State v. Bortree, 2022 Ohio 3890 (Ohio 2022).
— Ohio Rev. Code § 2923.02(E)(4) — 1 case
State v. Bortree, 2022 Ohio 3890 (Ohio 2022).
— Ohio Rev. Code § 2923.02(F) — 2 cases
State v. Jordan, 2014 Ohio 2857 (Ohio Ct. App. 2014).
State v. Steele, 2025 Ohio 3070 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.02(a) — 1 case
State v. Poff, 2021 Ohio 384 (Ohio Ct. App. 2021).
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