(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.
(B) Each of the following constitutes prima-facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;
(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;
(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.
Notes of Decisions
Cited in 855
cases (217 in the last 5 years), 1981–2026 · leading case: State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376.
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. · cites it 56דWith regard to the state’s assertion that the intent to use an item criminally under R.C. 2923.24 can arise from an intended violation of municipal law, the state did not raise this argument in the courts below.”
State v. McDonald, 509 N.E.2d 57 (Ohio 1987). · cites it 48דThe issue presented by this case is whether R.C. 2923.24 is constitutional on its face.”
State v. Chandler, 560 N.E.2d 832 (Ohio Ct. App. 8th Dist. 1989). · cites it 21ד51 (possession for sale of PBZ); and one count of violation of R.C. 2923.24 (possession of criminal tools).”
State v. Griffin, 2013-Ohio-2230. · cites it 32ד14 for a fourth degree misdemeanor, rather than R.C. 2923.24, which elevates the crime to a fifth degree felony if the article is intended for use in the commission of a felony.”
State v. Volpe, 527 N.E.2d 818 (Ohio 1988). · cites it 11ד2d 57 , in which we held that “R.C. 2923.24, prohibiting the possession of criminal tools, is constitutional on its face.”
State v. Kobi, 701 N.E.2d 420 (Ohio Ct. App. 6th Dist. 1997). · cites it 6דAppellant also contends that the state failed to show that the books seized constituted criminal tools under R.C. 2923.24, which states: “(A) No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it…”
State v. Carpenter, 2019-Ohio-58, 128 N.E.3d 857. · cites it 3ד" {¶17} Carpenter was also convicted of possessing-criminal-tools, which is codified under R.C. 2923.24 and provides, in relevant part, "No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.”
State v. Mannarino, 2013-Ohio-1795. · cites it 5ד323(A)(1); and one count of possessing criminal tools in violation of R.C. 2923.24(A). All counts carried a forfeiture specification.”
State v. Haberek, 546 N.E.2d 1361 (Ohio Ct. App. 8th Dist. 1988). · cites it 6ד41, and possession of criminal tools, R.C. 2923.24. Defendants elected to waive a jury.”
State v. Powell, 621 N.E.2d 1328 (Ohio Ct. App. 8th Dist. 1993). · cites it 8ד03(A)(2), possession of criminal tools (money, gun and pager) in violation of R.C. 2923.24, and carrying a concealed weapon in violation of R.”
State v. Nievas, 700 N.E.2d 339 (Ohio Ct. App. 8th Dist. 1997). · cites it 5ד13, and one count of possessing criminal tools (pagers, money and a 1975 Toyota), in violation of R.C. 2923.24. Counts one and two contained specifications as to appellant’s prior conviction of attempted drug trafficking, which enhanced the degree of appellant’s drug trafficking…”
State v. McShan, 603 N.E.2d 1076 (Ohio Ct. App. 8th Dist. 1991). · cites it 6ד03) and one count of possession of criminal tools (R.C. 2923.24). In a timely appeal with one assignment of error, McShan asserts the trial court impermissibly denied his Crim.”
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. “With regard to the state’s assertion that the intent to use an item criminally under R.C. 2923.24 can arise from an intended violation of municipal law, the state did not raise this argument in the courts below.”
State v. Mannarino, 2013-Ohio-1795. “323(A)(1); and one count of possessing criminal tools in violation of R.C. 2923.24(A). All counts carried a forfeiture specification.”
State v. Carpenter, 2019-Ohio-58, 128 N.E.3d 857. “" {¶17} Carpenter was also convicted of possessing-criminal-tools, which is codified under R.C. 2923.24 and provides, in relevant part, "No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.”
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. “With regard to the state’s assertion that the intent to use an item criminally under R.C. 2923.24 can arise from an intended violation of municipal law, the state did not raise this argument in the courts below.”
State v. McDonald, 509 N.E.2d 57 (Ohio 1987). “The issue presented by this case is whether R.C. 2923.24 is constitutional on its face.”
State v. Hicks, 929 N.E.2d 461 (Ohio Ct. App. 2d Dist. 2009).
State v. Farkas, 580 N.E.2d 1154 (Ohio Ct. App. 8th Dist. 1989).
State v. McShan, 603 N.E.2d 1076 (Ohio Ct. App. 8th Dist. 1991). “03) and one count of possession of criminal tools (R.C. 2923.24). In a timely appeal with one assignment of error, McShan asserts the trial court impermissibly denied his Crim.”
State v. Hicks, 929 N.E.2d 461 (Ohio Ct. App. 2d Dist. 2009).
Ohio Rev. Code § 2923.24(C): 26 cases
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. “With regard to the state’s assertion that the intent to use an item criminally under R.C. 2923.24 can arise from an intended violation of municipal law, the state did not raise this argument in the courts below.”
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