13-02 Amend 501.07 Requirements for Criminal Liability

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PLAT~M~-eN'(~'~,~~D TO THE RULES & ORDINANCES CMTE. 2/19/0f' ..... SECOND READING 3/4/02. ORDINANCE NO. 13-02 . BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend section 501.07, Req uirements for Criminal Uability, of the Codified Ordinances of the City of Lakewood for the purpose of making the section. gender neutral, defining intoxication, defining the extent that voluntary intoxication is admissible and to remain consistent with. the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That section 501.07, Requirements for Criminal Liability, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 501.07 REQUIREMENTS FOR CRIMINAL LIABILITY. (a) Except as provided in subsection (b) hereof, a person is not guilty of an offense 'unless both of the followingapply: (1) His liability is based on conduct which includes either a voluntary act, Or an omission to perform an act or duty which he is capable of performing; (2) He has the requisite degree of culpability for each element as to which a culpable menta/state is specified by the section defining the offense. (b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be guilty of the offense. When the section neither' specifies culpability nor plainly indicates a..purpose to impose strict liability, recklessness is sufficient culpability to commit the o~ense. (c) As used in this section: (1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his control thereof fora sufficient time to have ended his possession. (2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body.movements that are not otherwise a product of the actor's volition,-are involuntary acts. (3) "Culpability" means purpose, knowledge, recklessness or negligence, as defined in Section 501.08. shall be and is hereby amended to 'read as follows: 501.07 REQUIREMENTS FOR CRIMINAL LIABILITY. · (a) Except as provided in"subsecUon (b) hereof, a person is not guilty of an offense unless both of the following apply: (1) The person's liability is based., on conduct that includes either a ~ ' voluntary act, or an omission to perform an act or duty that the person is capable of performing; (2) The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense. (b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose stdct criminal liability for the conduct described in such section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates