§ 2301.21. Requirements for criminal liability.

(A)

Except as provided in division (B) of this section, a person is not guilty of an offense unless both of the following apply:

(1)

His liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which he is capable of performing;

(2)

He has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.

(B)

When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.

(C)

As used in this section:

(1)

Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have ended his possession;

(2)

Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition, are involuntary acts;

(3)

"Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 2301.22 of the Columbus City Codes.

(ORC 2901.21; Ord. 2535-94.)