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2004 004 Ordinance
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Last modified
11/19/2018 3:59:16 PM
Creation date
8/22/2018 4:50:52 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
004
Date
1/26/2004
Year
2004
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11 General Provisions and Penalty 501.10 <br />(b) It is no defense to a charge under this section that, in retrospect, commission of <br />the offense that was the object of the attempt was either factually or legally unpossible under the <br />attendant circumstances, if that offense could have been committed had the attendant circumstances <br />been as the actor believed them to be. <br />(c) No person who is convicted of committing a specific offense or of complicity in <br />the commission of an offense, shall be convicted of an attempt to commit the same offense in <br />violation of this section. <br />(d) It is an affirmative defense to a charge under this section that the actor abandoned <br />the actor's effort to commit the offense or. otherwise prevented its commission, under <br />circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose. <br />(e) Whoever violates this section is guilty of an attempt to commit an offense. An <br />attempt to commit a drug abuse offense for which the penalty is determined by the amount or <br />number of unit doses of the controlled substance involved in the drug abuse offense is an offense <br />of the same degree as the drug abuse offense attempted would be if that drug abuse offense had <br />been committed and had involved an amount or number of unit doses of the controlled substance <br />that is within the next lower range of controlled substance amounts than was involved in the <br />attempt. An attempt to commit any other misdemeanor is a misdemeanor of the next lesser degree <br />than the misdemeanor attempted. In the case of an attempt to commit an offense other than a <br />violation .of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a <br />misdemeanor of the first degree if the offense attempted is a felony under the Ohio Revised Code, <br />and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. An attempt <br />to commit a minor misdemeanor is not an offense under this section. <br />(fj As used in this section, "drug abuse offense" has the.same meaning as in Ohio <br />R.C. 2925.01. (ORC 2923.02) . <br />501.10 COMPLICITY. <br />(a) No person, acting with the kind of culpability required for the commission of an <br />offense, shall do any of the following: <br />(1) Solicit or procure another to commit the offense; <br />(2) Aid or abet another in committing the offense; <br />(3) Cause an innocent or irresponsible person to commit the offense. <br />(b) It is no defense to a charge under this section that no person with whom the accused <br />was in complicity has been convicted as a principal offender. <br />(c) No person shall be convicted of complicity under this section unless an offense is <br />actually committed, but a person may be convicted of complicity in an attempt to commit an <br />offense in violation of Section 501.09. <br />(d)' If an alleged accomplice of the defendant testifies against the defendant in a case <br />in which the defendant is charged with complicity in the commission of or an attempt to commit <br />an offense, an attempt to commit an offense or.an offense, the court when it charges the jury, shall <br />state substantially the following: <br />"The testimony of an accomplice does not become <br />inadmissible because of his complicity, moral turpitude <br />or self-interest, but the admitted or claimed complicity <br />of a witness may affect his credibility and make his <br />testimony subject to grave suspicion, and require that <br />it be weighed with great caution. <br />2003 Replacement <br />
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