2006 Ohio Revised Code - 2901.04. Rules of construction; references to previous conviction; interpretation of statutory references that define or specify a criminal offense.

§ 2901.04. Rules of construction; references to previous conviction; interpretation of statutory references that define or specify a criminal offense.
 

(A)  Except as otherwise provided in division (C) or (D) of this section, sections of the Revised Code defining offenses or penalties shall be strictly construed against the state, and liberally construed in favor of the accused. 

(B)  Rules of criminal procedure and sections of the Revised Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice. 

(C)  Any provision of a section of the Revised Code that refers to a previous conviction of or plea of guilty to a violation of a section of the Revised Code or of a division of a section of the Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this state, another state, or the United States or under an existing or former municipal ordinance. 

(D)  Any provision of the Revised Code that refers to a section, or to a division of a section, of the Revised Code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this state, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 148 v S 107. Eff 3-23-2000; 150 v S 146, § 1, eff. 9-23-04.
 

Not analogous to former RC § 2901.04 (GC § 12402-1; 109 v 545; 111 v 77; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

150 v S 146, effective September 23, 2004, added (D) and corrected internal references. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section codifies the rule that penal statutes must be strictly construed against the state and liberally construed in favor of the accused. See, Harrison v. Ohio, 112 Ohio St. 429, 147 N.E. 650 (1925) aff'd 270 U.S. 632; State ex rel. Moore Oil Co. v. Dauben, 99 Ohio St. 406, 124 N.E. 232 (1919). In addition, the section provides a rule for the construction of procedural measures, based on the premise that the prime object of procedural statutes and rules is to promote justice both to the accused and to the state. Thus, procedural measures are not to be construed in terms of strictness or liberality, but rather to effect the fair, impartial, speedy, and sure administration of justice. 

 

Ohio Rules

Scope and construction of the rules, CrimR 1.