2006 Ohio Revised Code - 2903.04. Involuntary manslaughter.

§ 2903.04. Involuntary manslaughter.
 

(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. 

(C)  Whoever violates this section is guilty of involuntary manslaughter. Violation of division (A) of this section is a felony of the first degree. Violation of division (B) of this section is a felony of the third degree. 

(D)  If an offender is convicted of or pleads guilty to a violation of division (A) or (B) of this section and if the felony, misdemeanor, or regulatory offense that the offender committed or attempted to commit, that proximately resulted in the death of the other person or the unlawful termination of another's pregnancy, and that is the basis of the offender's violation of division (A) or (B) of this section was a violation of division (A) or (B) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance or included, as an element of that felony, misdemeanor, or regulatory offense, the offender's operation or participation in the operation of a snowmobile, locomotive, watercraft, or aircraft while the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, both of the following apply: 

(1) The court shall impose a class one suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code. 

(2) The court shall impose a mandatory prison term for the violation of division (A) or (B) of this section from the range of prison terms authorized for the level of the offense under section 2929.14 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 7-1-83); 144 v S 275 (Eff 7-1-93)/D; 145 v H 236 (Eff 9-29-94); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 146 v S 239 (Eff 9-6-96); 148 v S 107. Eff 3-23-2000; 149 v S 123, § 1, eff. 1-1-04.
 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

The effective date is set by section 4 of S.B. 123. 

Not analogous to former RC § 2903.04 (RS §§ 4364-38, 4364-39; 90 v 235; 91 v 311; 92 v 71; GC § 12965; 101 v 133; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
 

Å The provisions of §§ 4, 5 of SB 62 (145 v  - ) read as follows: 

SECTION 4. That Section 3 of Sub. S.B. 275 of the 119th General Assembly be amended to read as follows: 

"Sec. 3. Sections 1 and 2 of this act shall take effect September 1, 1993." 

SECTION 5. That existing Section 3 of Sub. S.B. 275 of the 119th General Assembly is hereby repealed. 

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, in (D)(1), substituted "impose a class one suspension of" for "permanently revoke", "as specified in division (A)(1) of" for "pursuant to", and "4510.02" for "4507.16". 

 

19xx Committee Report or Comment.

This section defines an offense substantially equivalent to the former offense of involuntary manslaughter, except that for penalty purposes it distinguishes between homicides resulting from felonies and those resulting from misdemeanors. 

Involuntary manslaughter is a felony of the first degree when the victim's death proximately results from the offender's committing or attempting to commit a felony, and a felony of the third degree when death proximately results from the offender's committing or attempting to commit a misdemeanor.