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OH HB614

Bill

Status

Introduced

8/26/2014

Primary Sponsor

Matt Huffman

Click for details

Origin

House of Representatives

130th General Assembly (2013-2014)

AI Summary

  • Requires all criminal offenses created after this bill's effective date to specify the degree of mental culpability required, with violations rendering the act void.

  • Clarifies that a person is guilty of an offense only if they commit a voluntary act or omission and possess the requisite culpability as specified in the offense definition, except when strict liability is plainly indicated.

  • Establishes that when an offense element does not specify culpability and does not plainly indicate strict liability, recklessness is the default sufficient mental state required.

  • Modifies the definition of "recklessly" to require disregarding a "substantial and unjustifiable" risk rather than a "known" risk, and removes language about "perverse" disregard.

  • Excludes Title XLV offenses (likely traffic-related) from the recklessness default rule and clarifies that strict liability in one section division does not automatically apply to other divisions lacking culpability language.

Legislative Description

To clarify when strict criminal liability is imposed or a degree of culpability is required for the commission of an offense, to modify the concept of acting recklessly, and to require that future acts creating criminal offenses specify the requisite degree of culpability.

Criminal offenses-strict liability/degrees of culpability

Last Action

To Judiciary

8/26/2014

Full Bill Text

No bill text available