Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.131 (2026)

Possession of deadly weapon while under detention

✓ current as of May 2026
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Effective:
October 4, 1996
Latest Legislation:
House Bill 154 - 121st General Assembly
PDF:
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(A) "Detention" and "detention facility" have the same meanings as in section 2921.01 of the Revised Code.

(B) No person under detention at a detention facility shall possess a deadly weapon.

(C) Whoever violates this section is guilty of possession of a deadly weapon while under detention.

(1) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if at the time the offender commits the act for which the offender was under detention it would not be a felony if committed by an adult, possession of a deadly weapon while under detention is a misdemeanor of the first degree.

(2) If the offender, at the time of the commission of the offense, was under detention in any other manner, possession of a deadly weapon while under detention is one of the following:

(a) A felony of the first degree, when the most serious offense for which the person was under detention is aggravated murder or murder and regardless of when the aggravated murder or murder occurred or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be aggravated murder or murder if committed by an adult and regardless of when that act occurred;

(b) A felony of the second degree if any of the following applies:

(i) The most serious offense for which the person was under detention is a felony of the first degree committed on or after July 1, 1996, or an aggravated felony of the first degree committed prior to July 1, 1996.

(ii) If the person was under detention as an alleged or adjudicated delinquent child, the most serious act for which the person was under detention was committed on or after July 1, 1996, and would be a felony of the first degree if committed by an adult, or was committed prior to July 1, 1996, and would have been an aggravated felony of the first degree if committed by an adult.

(c) A felony of the third degree if any of the following applies:

(i) The most serious offense for which the person was under detention is a felony of the second degree committed on or after July 1, 1996, or is an aggravated felony of the second degree or a felony of the first degree committed prior to July 1, 1996.

(ii) If the person was under detention as an alleged or adjudicated delinquent child, the most serious act for which the person was under detention was committed on or after July 1, 1996, and would be a felony of the second degree if committed by an adult, or was committed prior to July 1, 1996, and would have been an aggravated felony of the second degree or a felony of the first degree if committed by an adult.

(d) A felony of the fourth degree if any of the following applies:

(i) The most serious offense for which the person was under detention is a felony of the third degree committed on or after July 1, 1996, is an aggravated felony of the third degree or a felony of the second degree committed prior to July 1, 1996, or is a felony of the third degree committed prior to July 1, 1996, that, if it had been committed on or after July 1, 1996, also would be a felony of the third degree.

(ii) If the person was under detention as an alleged or adjudicated delinquent child, the most serious act for which the person was under detention was committed on or after July 1, 1996, and would be a felony of the third degree if committed by an adult, was committed prior to July 1, 1996, and would have been an aggravated felony of the third degree or a felony of the second degree if committed by an adult, or was committed prior to July 1, 1996, would have been a felony of the third degree if committed by an adult, and, if it had been committed on or after July 1, 1996, also would be a felony of the third degree if committed by an adult.

(e) A felony of the fifth degree if any of the following applies:

(i) The most serious offense for which the person was under detention is a felony of the fourth or fifth degree committed on or after July 1, 1996, is a felony of the third degree committed prior to July 1, 1996, that, if committed on or after July 1, 1996, would be a felony of the fourth degree, is a felony of the fourth degree committed prior to July 1, 1996, or is an unclassified felony or a misdemeanor regardless of when the unclassified felony or misdemeanor is committed.

(ii) If the person was under detention as an alleged or adjudicated delinquent child, the most serious act for which the person was under detention was committed on or after July 1, 1996, and would be a felony of the fourth or fifth degree if committed by an adult, was committed prior to July 1, 1996, would have been a felony of the third degree if committed by an adult, and, if it had been committed on or after July 1, 1996, would be a felony of the fourth degree if committed by an adult, was committed prior to July 1, 1996, and would have been a felony of the fourth degree if committed by an adult, or would be an unclassified felony if committed by an adult regardless of when the act is committed.
Notes of Decisions
Cited in 29 cases (13 in the last 5 years), 2006–2026 · leading case: State v. Bloodworth, 2022 Ohio 1899 (Ohio Ct. App. 2022).
Sort: Relevance Newest Treatment
State v. Bloodworth, 2022 Ohio 1899 (Ohio Ct. App. 2022). · cites it 7× “1: {¶ 19} THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN NOT INSTRUCTING THE JURY THAT SELF-DEFENSE APPLIES TO THE OFFENSE OF IMPROPER HANDLING A FIREARM UNDER R.C. 2923.131 [sic]. {¶ 20} Bloodworth mistakenly captioned his first assignment of error as a challenge -6- Warren…”
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). · cites it 11× “R.C. 2923.131. Appellant was charged with a third-degree felony.”
State v. Johnson, 2016 Ohio 7266 (Ohio Ct. App. 2016). · cites it 5× “11(A)(2) and one count of possession of a deadly weapon while under disability in violation of R.C. 2923.131(B), both felonies of the second degree.”
State v. Evans, 2023 Ohio 1879 (Ohio Ct. App. 2023). · cites it 4× “The indictment stated that the deadly weapon was a four-inch homemade shank and that his possession of it was in violation of R.C. 2923.131, a second-degree felony. Evans entered a not guilty plea.”
State v. Drain, 2022 Ohio 3697 (Ohio 2022). “Count 3 charged Drain with possessing a deadly weapon while under detention for having committed the crime 5 SUPREME COURT OF OHIO of aggravated murder, in violation of R.C. 2923.131(B) and (C)(2)(a). Drain initially pleaded not guilty.”
State v. Boyd, 2023 Ohio 2812 (Ohio Ct. App. 2023). · cites it 3× “14(C)(2) provides, in pertinent part: [I]f an offender who is under detention at a detention facility commits a felony violation of section 2923.131 of the Revised Code, * * * any prison term imposed upon the offender for one of those violations shall be served by the offender…”
State v. Burke, 2019 Ohio 1951 (Ohio Ct. App. 2019). · cites it 2× “14(C)(2) (“if an 44 offender who is under detention at a detention facility commits a felony violation of section 2923.”
State v. Blackmon, 2020 Ohio 2857 (Ohio Ct. App. 2020). “On June 14, 2018, Blackmon was indicted for possession of a deadly weapon while under detention, in violation of R.C. 2923.131(B) and (C)(2)(b)(i). (Lucas C.”
State v. Henderson, 2018 Ohio 4263 (Ohio Ct. App. 2018). · cites it 5× “FACTS AND PROCEDURAL HISTORY {¶2} Defendant-Appellant Dante Henderson was indicted for one count of Possession of a Deadly Weapon While Under Detention, a second-degree felony in violation of R.C. 2923.131(B) and (C)(2)(b)(i). Henderson entered a plea of not guilty and the…”
State v. Lenneman, 2021 Ohio 2719 (Ohio Ct. App. 2021). · cites it 4× “However, the trial court was required, as a matter of law, to order any sentence imposed for this charge, a felony violation of R.C. 2923.131, to run consecutively to the sentence imposed in case No.”
State v. Heiser-Mullins, 2024 Ohio 5360 (Ohio Ct. App. 2024). “23CR41151 on one count of possession of a deadly weapon while under detention in violation of R.C. 2923.131(B), a felony of the second degree.”
State v. Hawkins, 2025 Ohio 1303 (Ohio Ct. App. 2025). “FACTS AND PROCEDURAL HISTORY {¶2} On January 4, 2024, Appellant was indicted by the Belmont County Grand Jury on one count of possession of a deadly weapon while under detention, a felony of the second degree in violation of R.C. 2923.131(B) and (C)(2)(b)(i). The charge stems…”
Show all 29 citing cases →
— Ohio Rev. Code § 2923.131(A) — 1 case
State v. Lenneman, 2021 Ohio 2719 (Ohio Ct. App. 2021). “However, the trial court was required, as a matter of law, to order any sentence imposed for this charge, a felony violation of R.C. 2923.131, to run consecutively to the sentence imposed in case No.”
— Ohio Rev. Code § 2923.131(A)(B)(C)(2) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(A)(B)(c) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(A)(B)(c)(2) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(B) — 23 cases
State v. Johnson, 2016 Ohio 7266 (Ohio Ct. App. 2016). “11(A)(2) and one count of possession of a deadly weapon while under disability in violation of R.C. 2923.131(B), both felonies of the second degree.”
State v. Bloodworth, 2022 Ohio 1899 (Ohio Ct. App. 2022). “1: {¶ 19} THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN NOT INSTRUCTING THE JURY THAT SELF-DEFENSE APPLIES TO THE OFFENSE OF IMPROPER HANDLING A FIREARM UNDER R.C. 2923.131 [sic]. {¶ 20} Bloodworth mistakenly captioned his first assignment of error as a challenge -6- Warren…”
State v. Drain, 2022 Ohio 3697 (Ohio 2022). “Count 3 charged Drain with possessing a deadly weapon while under detention for having committed the crime 5 SUPREME COURT OF OHIO of aggravated murder, in violation of R.C. 2923.131(B) and (C)(2)(a). Drain initially pleaded not guilty.”
State v. Evans, 2023 Ohio 1879 (Ohio Ct. App. 2023). “The indictment stated that the deadly weapon was a four-inch homemade shank and that his possession of it was in violation of R.C. 2923.131, a second-degree felony. Evans entered a not guilty plea.”
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(B)(1) — 1 case
State v. Alejo, 2026 Ohio 2250 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2923.131(B)(C)(2)(c) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(C)(2)(a) — 2 cases
State v. Bloodworth, 2022 Ohio 1899 (Ohio Ct. App. 2022). “1: {¶ 19} THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN NOT INSTRUCTING THE JURY THAT SELF-DEFENSE APPLIES TO THE OFFENSE OF IMPROPER HANDLING A FIREARM UNDER R.C. 2923.131 [sic]. {¶ 20} Bloodworth mistakenly captioned his first assignment of error as a challenge -6- Warren…”
State v. Lowe, 2019 Ohio 5183 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2923.131(C)(2)(b)(i) — 4 cases
State v. Johnson, 2016 Ohio 7266 (Ohio Ct. App. 2016). “11(A)(2) and one count of possession of a deadly weapon while under disability in violation of R.C. 2923.131(B), both felonies of the second degree.”
State v. Henderson, 2018 Ohio 4263 (Ohio Ct. App. 2018). “FACTS AND PROCEDURAL HISTORY {¶2} Defendant-Appellant Dante Henderson was indicted for one count of Possession of a Deadly Weapon While Under Detention, a second-degree felony in violation of R.C. 2923.131(B) and (C)(2)(b)(i). Henderson entered a plea of not guilty and the…”
State v. Montanaro, 2022 Ohio 4343 (Ohio Ct. App. 2022).
State v. Ross, 2014 Ohio 4526 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.131(C)(2)(c)(i) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
— Ohio Rev. Code § 2923.131(C)(2)(c)(ii) — 1 case
State v. Burns, 2012 Ohio 2698 (Ohio Ct. App. 2012). “R.C. 2923.131. Appellant was charged with a third-degree felony.”
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