2006 Ohio Revised Code - 2921.21. Compounding a crime.

§ 2921.21. Compounding a crime.
 

(A)  No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution. 

(B)  It is an affirmative defense to a charge under this section when both of the following apply: 

(1) The pending prosecution involved is for a violation of section 2913.02 or 2913.11, division (B)(2) of section 2913.21, or section 2913.47 of the Revised Code, of which the actor under this section was the victim. 

(2) The thing of value demanded, accepted, or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount that the actor reasonably believed due him as restitution for the loss caused him by the offense. 

(C)  When a prosecuting witness abandons or agrees to abandon a prosecution under division (B) of this section, the abandonment or agreement in no way binds the state to abandoning the prosecution. 

(D)  Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 143 v H 347. Eff 7-18-90.
 

Not analogous to former RC § 2921.21 (125 v H 308), repealed 134 v H 511, § 2, eff 1-1-74. 

Analogous to former RC § 2917.36 (RS § 6901; 76 v 23; 81 v 101; GC § 12861; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

The gist of an offense under this section is a demand, acceptance, or agreement to accept something of value in return for not pressing criminal charges against another. The section is similar to a former measure, except that it defines an affirmative defense which acknowledges a common practice - that of dropping charges in theft, bad check, and credit card cases if the offender makes good the victim's loss. The section explicitly states, however, that even if a prosecuting witness agrees to drop charges, the state is not bound to do the same. 

Compounding a crime is a misdemeanor of the first degree.