OH SB361

Creates requirement that all new criminal offenses enacted after the effective date must specify the degree of mental culpability required, with violations of this requirement rendering the offense void.

Establishes that persons are not guilty of offenses unless they have the requisite degree of culpability for each element, except when statutory language plainly indicates intent to impose strict criminal liability.

Modifies the definition of recklessness from disregarding a "known" risk to disregarding a "substantial and unjustifiable" risk, and applies recklessness as the default culpability standard when no culpable mental state is specified for elements related to knowledge or intent.

Adds provision allowing knowledge of a particular fact to be established if a person subjectively believes there is a high probability of its existence and fails to make inquiry or consciously avoids learning the fact.

Clarifies that the recklessness default standard does not apply to offenses in Title XLV of the Revised Code and that it does not relieve prosecution of the burden to prove culpable mental states required by incorporated definitions.