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q General Provisions and Penalty 501.08 <br />501.07 REQUIREMENTS FOR CRIMINAL LIABILITY. <br />(a) Except as provided in subsection (b) hereof, a person is not guilty of an offense <br />unless both of the following apply: <br />(1) His liability is based on conduct which, includes either a voluntary act, or <br />an omission to perform an act or duty which he is capable of performing; <br />(2) He has the requisite degree of culpability for each element as to which a <br />culpable mental state is specified by the section defining the offense. <br />(b) When the section defining an offense does not specify any degree of culpability, and <br />plainly indicates a purpose to impose strict criminal liability for the conduct described in such <br />section, then culpability is not required for a person to be guilty of the offense. When the section <br />neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness <br />is sufficient culpability to commit the offense.. <br />(c) As used in this section: <br />(1) Possession is a voluntary act if the possessor knowingly procured or <br />received the thing possessed, or was aware of his control thereof for a <br />sufficient time to have ended his possession. <br />(2) Reflexes, convulsions, body movements during unconsciousness or sleep, <br />and body movements that are not otherwise a product of the actor's <br />volition, are involuntary acts. <br />(3) "Culpability" means purpose, knowledge, recklessness or negligence, as <br />defined in Section 501.08. <br />(ORC 2901.21) <br />501.08 CULPABLE MENTAL STATES. <br />(a) A person acts purposely when it is his specific intention to cause a certain result, <br />or when the gist of the offense is a prohibition against conduct of a certain nature, regardless of <br />what the offender intends to accomplish thereby, it is his specific intention to engage in conduct <br />of that nature. <br />(b) A person acts knowingly, regardless of his purpose, when he is aware that his <br />conduct will probably cause a certain result or will probably be of a certain nature. A person has <br />knowledge of circumstances when he is aware that such circumstances probably exist. <br />(c) A person acts recklessly when, with heedless indifference to the consequences, he <br />perversely disregards a known risk that his conduct is likely to cause a certain result or is likely <br />to be of a certain nature. A person is reckless with respect to circumstances when, with heedless <br />indifference to the consequences, he perversely disregards a known risk that such circumstances <br />are likely to exist. <br />(d) A person acts negligently when, because of a substantial lapse from due care, he <br />fails to perceive or avoid a risk that his conduct may cause a certain result or may be of a certain <br />nature. A person is negligent with respect to circumstances when, because of a substantial lapse <br />from due care, he fails to perceive or avoid a risk that such circumstances may exist. <br />2000 Replacement <br />