2006 Ohio Revised Code - 2901.03. Common law offenses abrogated.

§ 2901.03. Common law offenses abrogated.
 

(A)  No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code. 

(B)  An offense is defined when one or more sections of the Revised Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty. 

(C)  This section does not affect any power of the general assembly under section 8 of Article II, Ohio Constitution, nor does it affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment, or decree. 
 

HISTORY: 134 v H 511. Eff 1-1-74.
 

Not analogous to former RC § 2901.03 (RS § 7388-52; 98 v 180; GC § 12402; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 4 of HB 511. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section codifies the doctrine, well settled for more than a century and a quarter, that there are no common law crimes in Ohio. The section also codifies the corollary to the doctrine: that criminal liability must be based on a statute or ordinance which (1) makes a prohibition or imposes a duty, and (2) provides a penalty for dereliction. 

The section expressly states that the rules it defines do not affect the power of the General Assembly and of the courts to insure the orderly and effectual conduct of their business.