OPOTA UNIT 2
General Elements of a Crime - ANS-•A prohibited act ("actus reus") and ...
•A specific mental intent ("mens rea") that ...
•Occur at the same time ("concurrence") and ...
•Bring about a particular result made unlawful by the statute ("causation")
Purposely - ANS-A person acts purposely when it is the person's specific intention to cause a
certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature,
regardless of what the offender intends to accomplish thereby, it is the offender's specific
intention to engage in conduct of that nature
Knowingly - ANS-A person acts knowingly, regardless of purpose, when the person is aware
that the person's conduct will probably cause a certain result or will probably be of a certain
nature
recklessly - ANS-A person acts recklessly when, with heedless indifference to the
consequences, the person disregards a substantial and unjustifiable risk that the person's
conduct is likely to cause a certain result or is likely to be of a certain nature
Negligently - ANS-A person acts negligently when, because of a substantial lapse from due
care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain
result or may be of a certain nature
Attempt to Commit an Offense (R.C. 2923.02) - ANS-It is a crime to ...
•Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the
commission of an offense, to ...
•Engage in conduct that, if successful, would constitute or result in the offense
Aggravated Murder 2903.01 - ANS-(A) No person shall purposely, and with prior calculation and
design, cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of
another's pregnancy while committing or attempting to commit, or while fleeing immediately after
committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is
present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at
the time of the commission of the offense.
,Murder (R.C. 2903.02) - ANS-(A) No person shall purposely cause the death of another or the
unlawful termination of another's pregnancy.
(B) No person shall cause the death of another as a proximate result of the offender's
committing or attempting to commit an offense of violence that is a felony of the first or second
degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code.
Voluntary Manslaughter 2903.03 - ANS-(A) No person, while under the influence of sudden
passion or in a sudden fit of rage, either of which is brought on by serious provocation
occasioned by the victim that is reasonably sufficient to incite the person into using deadly force,
shall knowingly cause the death of another or the unlawful termination of another's pregnancy.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
Involuntary Manslaughter 2903.04 - ANS-(A) No person shall cause the death of another or the
unlawful termination of another's pregnancy as a proximate result of the offender's committing or
attempting to commit a felony.
(B) No person shall cause the death of another or the unlawful termination of another's
pregnancy as a proximate result of the offender's committing or attempting to commit a
misdemeanor of any degree, a regulatory offense, or a minor misdemeanor other than a
violation of any section contained in Title XLV of the Revised Code that is a minor misdemeanor
and other than a violation of an ordinance of a municipal corporation that, regardless of the
penalty set by ordinance for the violation, is substantially equivalent to any section contained in
Title XLV of the Revised Code that is a minor misdemeanor.
Reckless Homicide 2903.041 - ANS-No person shall recklessly cause the death of another or
the unlawful termination of another's pregnancy.
Negligent Homicide 2903.05 - ANS-(A) No person shall negligently cause the death of another
or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous
ordnance as defined in section 2923.11 of the Revised Code.
Aggravated Vehicular Homicide; Vehicular Homicide; Vehicular Manslaughter 2903.06 - ANS-As
the proximate result of committing, while operating or participating in the operation of a motor
vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this
division applies only if the person whose death is caused or whose pregnancy is unlawfully
terminated is in the construction zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as described in division (F) of this
section.
Aggravated Vehicular Assault; Vehicular Assault 2903.08 - ANS-As the proximate result of
committing, while operating or participating in the operation of a motor vehicle or motorcycle in a
construction zone, a reckless operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn the serious physical
harm is caused is in the construction zone at the time of the offender's commission of the
,reckless operation offense in the construction zone and does not apply as described in division
(E) of this section
Felonious Assault 2903.11 - ANS-(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a
deadly weapon or dangerous ordnance.
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that
causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(1) Engage in sexual conduct with another person without disclosing that knowledge to the other
person prior to engaging in the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause
to believe lacks the mental capacity to appreciate the significance of the knowledge that the
offender has tested positive as a carrier of a virus that causes acquired immunodeficiency
syndrome;
(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse
of the offender.
Aggravated Assault 2903.12 - ANS-No person, while under the influence of sudden passion or
in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the
victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a
deadly weapon or dangerous ordnance, as defined in section2923.11 of the Revised Code.
Assault 2903.13 - ANS-(A) No person shall knowingly cause or attempt to cause physical harm
to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
Negligent Assault 2903.14 - ANS-(A) No person shall negligently, by means of a deadly weapon
or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm
to another or to another's unborn.
Aggravated Menacing 2903.21 - ANS-(A) No person shall knowingly cause another to believe
that the offender will cause serious physical harm to the person or property of the other person,
the other person's unborn, or a member of the other person's immediate family. In addition to
any other basis for the other person's belief that the offender will cause serious physical harm to
, the person or property of the other person, the other person's unborn, or a member of the other
person's immediate family, the other person's belief may be based on words or conduct of the
offender that are directed at or identify a corporation, association, or other organization that
employs the other person or to which the other person belongs.
Menacing by Stalking 2903.211 - ANS-(1) No person by engaging in a pattern of conduct shall
knowingly cause another person to believe that the offender will cause physical harm to the
other person or a family or household member of the other person or cause mental distress to
the other person or a family or household member of the other person. In addition to any other
basis for the other person's belief that the offender will cause physical harm to the other person
or the other person's family or household member or mental distress to the other person or the
other person's family or household member, the other person's belief or mental distress may be
based on words or conduct of the offender that are directed at or identify a corporation,
association, or other organization that employs the other person or to which the other person
belongs.
(2) No person, through the use of any form of written communication or any electronic method
of remotely transferring information, including, but not limited to, any computer, computer
network, computer program, r-computer system, or telecommunication device shall post a
message or use any intentionally written or verbal graphic gesture with purpose to do either of
the following:
Menacing 2903.22 - ANS-No person shall knowingly cause another to believe that the offender
will cause physical harm to the person or property of the other person, the other person's
unborn, or a member of the other person's immediate family. In addition to any other basis for
the other person's belief that the offender will cause physical harm to the person or property of
the other person, the other person's unborn, or a member of the other person's immediate
family, the other person's belief may be based on words or conduct of the offender that are
directed at or identify a corporation, association, or other organization that employs the other
person or to which the other person belongs.
Kidnapping 2905.01 - ANS-(A) No person, by force, threat, or deception, or, in the case of a
victim under the age of thirteen or mentally incompetent, by any means, shall remove another
from the place where the other person is found or restrain the liberty of the other person
Abduction 2905.02 - ANS-(A) No person, without privilege to do so, shall knowingly do any of
the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a
risk of physical harm to the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
General Elements of a Crime - ANS-•A prohibited act ("actus reus") and ...
•A specific mental intent ("mens rea") that ...
•Occur at the same time ("concurrence") and ...
•Bring about a particular result made unlawful by the statute ("causation")
Purposely - ANS-A person acts purposely when it is the person's specific intention to cause a
certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature,
regardless of what the offender intends to accomplish thereby, it is the offender's specific
intention to engage in conduct of that nature
Knowingly - ANS-A person acts knowingly, regardless of purpose, when the person is aware
that the person's conduct will probably cause a certain result or will probably be of a certain
nature
recklessly - ANS-A person acts recklessly when, with heedless indifference to the
consequences, the person disregards a substantial and unjustifiable risk that the person's
conduct is likely to cause a certain result or is likely to be of a certain nature
Negligently - ANS-A person acts negligently when, because of a substantial lapse from due
care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain
result or may be of a certain nature
Attempt to Commit an Offense (R.C. 2923.02) - ANS-It is a crime to ...
•Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the
commission of an offense, to ...
•Engage in conduct that, if successful, would constitute or result in the offense
Aggravated Murder 2903.01 - ANS-(A) No person shall purposely, and with prior calculation and
design, cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of
another's pregnancy while committing or attempting to commit, or while fleeing immediately after
committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is
present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at
the time of the commission of the offense.
,Murder (R.C. 2903.02) - ANS-(A) No person shall purposely cause the death of another or the
unlawful termination of another's pregnancy.
(B) No person shall cause the death of another as a proximate result of the offender's
committing or attempting to commit an offense of violence that is a felony of the first or second
degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code.
Voluntary Manslaughter 2903.03 - ANS-(A) No person, while under the influence of sudden
passion or in a sudden fit of rage, either of which is brought on by serious provocation
occasioned by the victim that is reasonably sufficient to incite the person into using deadly force,
shall knowingly cause the death of another or the unlawful termination of another's pregnancy.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
Involuntary Manslaughter 2903.04 - ANS-(A) No person shall cause the death of another or the
unlawful termination of another's pregnancy as a proximate result of the offender's committing or
attempting to commit a felony.
(B) No person shall cause the death of another or the unlawful termination of another's
pregnancy as a proximate result of the offender's committing or attempting to commit a
misdemeanor of any degree, a regulatory offense, or a minor misdemeanor other than a
violation of any section contained in Title XLV of the Revised Code that is a minor misdemeanor
and other than a violation of an ordinance of a municipal corporation that, regardless of the
penalty set by ordinance for the violation, is substantially equivalent to any section contained in
Title XLV of the Revised Code that is a minor misdemeanor.
Reckless Homicide 2903.041 - ANS-No person shall recklessly cause the death of another or
the unlawful termination of another's pregnancy.
Negligent Homicide 2903.05 - ANS-(A) No person shall negligently cause the death of another
or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous
ordnance as defined in section 2923.11 of the Revised Code.
Aggravated Vehicular Homicide; Vehicular Homicide; Vehicular Manslaughter 2903.06 - ANS-As
the proximate result of committing, while operating or participating in the operation of a motor
vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this
division applies only if the person whose death is caused or whose pregnancy is unlawfully
terminated is in the construction zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as described in division (F) of this
section.
Aggravated Vehicular Assault; Vehicular Assault 2903.08 - ANS-As the proximate result of
committing, while operating or participating in the operation of a motor vehicle or motorcycle in a
construction zone, a reckless operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn the serious physical
harm is caused is in the construction zone at the time of the offender's commission of the
,reckless operation offense in the construction zone and does not apply as described in division
(E) of this section
Felonious Assault 2903.11 - ANS-(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a
deadly weapon or dangerous ordnance.
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that
causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(1) Engage in sexual conduct with another person without disclosing that knowledge to the other
person prior to engaging in the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause
to believe lacks the mental capacity to appreciate the significance of the knowledge that the
offender has tested positive as a carrier of a virus that causes acquired immunodeficiency
syndrome;
(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse
of the offender.
Aggravated Assault 2903.12 - ANS-No person, while under the influence of sudden passion or
in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the
victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a
deadly weapon or dangerous ordnance, as defined in section2923.11 of the Revised Code.
Assault 2903.13 - ANS-(A) No person shall knowingly cause or attempt to cause physical harm
to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
Negligent Assault 2903.14 - ANS-(A) No person shall negligently, by means of a deadly weapon
or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm
to another or to another's unborn.
Aggravated Menacing 2903.21 - ANS-(A) No person shall knowingly cause another to believe
that the offender will cause serious physical harm to the person or property of the other person,
the other person's unborn, or a member of the other person's immediate family. In addition to
any other basis for the other person's belief that the offender will cause serious physical harm to
, the person or property of the other person, the other person's unborn, or a member of the other
person's immediate family, the other person's belief may be based on words or conduct of the
offender that are directed at or identify a corporation, association, or other organization that
employs the other person or to which the other person belongs.
Menacing by Stalking 2903.211 - ANS-(1) No person by engaging in a pattern of conduct shall
knowingly cause another person to believe that the offender will cause physical harm to the
other person or a family or household member of the other person or cause mental distress to
the other person or a family or household member of the other person. In addition to any other
basis for the other person's belief that the offender will cause physical harm to the other person
or the other person's family or household member or mental distress to the other person or the
other person's family or household member, the other person's belief or mental distress may be
based on words or conduct of the offender that are directed at or identify a corporation,
association, or other organization that employs the other person or to which the other person
belongs.
(2) No person, through the use of any form of written communication or any electronic method
of remotely transferring information, including, but not limited to, any computer, computer
network, computer program, r-computer system, or telecommunication device shall post a
message or use any intentionally written or verbal graphic gesture with purpose to do either of
the following:
Menacing 2903.22 - ANS-No person shall knowingly cause another to believe that the offender
will cause physical harm to the person or property of the other person, the other person's
unborn, or a member of the other person's immediate family. In addition to any other basis for
the other person's belief that the offender will cause physical harm to the person or property of
the other person, the other person's unborn, or a member of the other person's immediate
family, the other person's belief may be based on words or conduct of the offender that are
directed at or identify a corporation, association, or other organization that employs the other
person or to which the other person belongs.
Kidnapping 2905.01 - ANS-(A) No person, by force, threat, or deception, or, in the case of a
victim under the age of thirteen or mentally incompetent, by any means, shall remove another
from the place where the other person is found or restrain the liberty of the other person
Abduction 2905.02 - ANS-(A) No person, without privilege to do so, shall knowingly do any of
the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a
risk of physical harm to the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
