Ohio Rev. Code » Chapter 2945 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2945.74 (2026)

Defendant may be convicted of lesser offense

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
PDF:
Download Authenticated PDF
 

The jury may find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is an offense at law. When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an inferior degree thereof or lesser included offense.

If the offense charged is murder and the accused is convicted by confession in open court, the court shall examine the witnesses, determine the degree of the crime, and pronounce sentence accordingly.
Notes of Decisions
Cited in 146 cases (36 in the last 5 years), 1954–2026 · leading case: State v. Deem, 533 N.E.2d 294 (Ohio 1988).
Sort: Relevance Newest Treatment
State v. Deem, 533 N.E.2d 294 (Ohio 1988). · cites it 6× “This case presents us with the recurring issue of whether the jury in a criminal trial should be instructed on a particular offense for which the defendant was not indicted as a lesser offense of the crime for which the defendant was indicted, pursuant to R.C. 2945.74 and Crim.…”
State v. Thomas, 533 N.E.2d 286 (Ohio 1988). · cites it 6× “01 defines “aggravated murder” as follows: “(A) No person shall purposely, *215 and with prior calculation and design, cause the death of another.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 3× “31(C); R.C. 2945.74. The primary difference between involuntary manslaughter and aggravated murder is the offender’s intent.”
State v. Kidder, 513 N.E.2d 311 (Ohio 1987). · cites it 2× “R.C. 2945.74 provides, in pertinent part: “* * * When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an…”
State v. Wine (Slip Opinion), 2014 Ohio 3948 (Ohio 2014). · cites it 2× “R.C. 2945.74 — in language very similar to Crim.”
State v. Deanda, 2013 Ohio 1722 (Ohio 2013). · cites it 2× “The lesser-included-offense doctrine is codified in Ohio law in R.C. 2945.74 and Crim.R. 31(C), which are substantially similar.”
State v. Lloyd, 2021 Ohio 1808 (Ohio Ct. App. 2021). · cites it 2× “The lesser-included-offense doctrine is codified in Ohio law in R.C. 2945.74 and Crim.R. 31(C), which are substantially similar.”
State v. Kvasne, 862 N.E.2d 171 (Ohio Ct. App. 2006). · cites it 5× “31(C) and R.C. 2945.74, both of which specifically permit a defendant to be convicted of a lesser included offense.”
State v. Sage, 510 N.E.2d 343 (Ohio 1987). “I The first issue presented by the state’s appeal is whether an instruction on a lesser included offense should have been given by the trial court. Under Ohio law, a defendant may be convicted of a lesser included offense “* * * if lesser offenses are included within the offense…”
State v. Maurer, 473 N.E.2d 768 (Ohio 1984). “” See, also, R.C. 2945.74. One of the primary differences between kidnapping and abduction involves the offender’s mental culpability.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 2C:1-8(d)(2) ; Ohio Rev. Code Ann. § 2945.74 ; Or. Rev. Stat.”
State v. Nolton, 249 N.E.2d 797 (Ohio 1969). · cites it 4× “However, the statutory right (Section 2945.74, Revised Code 4 ) to have the trier of the facts consider and return a verdict of conviction upon lesser degrees of the crime or lesser included offenses, in lieu of conviction of the principal offense, is subject to the underlying…”
Show all 146 citing cases →
— Ohio Rev. Code § 2945.74(A)(2) — 2 cases
State v. Carswell, 2021 Ohio 3379 (Ohio Ct. App. 2021).
State v. Jones, 2013 Ohio 5889 (Ohio Ct. App. 2013).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.