Murder in Ohio law
Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.
The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country.[1]
Definitions
[edit]Murder
[edit]Standard murder in Ohio is the second-most serious homicide offense, which constitutes when someone purposely causes the death of another person without justification, or the unlawful termination of another person's pregnancy.
Ohio's felony murder rule constitutes when someone commits a first- or second-degree felony, besides voluntary or involuntary manslaughter, in the course of or causing another person's death.[2]
Standard murder (Second Degree Murder) in Ohio has a mandatory minimum sentence of 15 years in prison, and a maximum sentence of life imprisonment without the possibility of parole .[3][4][5]
Aggravated murder
[edit]Aggravated murder (First Degree Murder) in Ohio is the most serious homicide offense in Ohio, which constitutes when someone purposely causes the death of another person or an unlawful termination of another's pregnancy under one of the following aggravated circumstances:
- The murder was committed with prior calculation and design
- The murder was committed during or as a result of the commission or attempted commission of the crime of kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or prison escape
- The victim was under the age of 13
- The murder was committed while the perpetrator was already imprisoned for another felony
- The victim at the time of the murder was engaged in their duties
- The victim was specifically targeted as a police officer, first responder, or military member[6]
Aggravated murder (First Degree Murder) in Ohio is punishable for adult offenders by either life imprisonment without the possibility of parole or the death penalty, though incumbent governor Mike DeWine has put a moratorium on the death penalty in Ohio until the state can institute an execution method other than lethal injection.[7] For juvenile offenders, it is punishable only by life imprisonment with the possibility of parole after 25 to 30 years.[8]
Penalties
[edit]The penalties for homicide offenses in Ohio are listed below.[9]
| Offense | Mandatory sentence |
|---|---|
| Negligent homicide | Up to 6 months in jail |
| Reckless homicide | 9 months to 3 years in prison |
| Involuntary manslaughter as a third-degree felony | |
| Aggravated vehicular homicide | 3 to 21 years in prison |
| Involuntary manslaughter as a first-degree felony | |
| Voluntary manslaughter | |
| Murder | 15 years in prison to life-without-parole |
| Aggravated murder | For adults: Death (de jure)[a] or life imprisonment without the possibility of parole
For juveniles: Life-with-parole after 25 to 30 years |
Notes
[edit]- ^ Ohio Governor Mike DeWine has set a moratorium on Ohio's death penalty.
References
[edit]- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. Retrieved September 2, 2023.
- ^ "Section 2903.02 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.
- ^ "Section 2929.02 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.
- ^ "Section 2967.13 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.
- ^ "Ohio Second-Degree Murder Laws". FindLaw.
- ^ "Section 2903.01 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.
- ^ "Section 2929.02 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.
- ^ Urell, Aaryn (January 13, 2021). "Ohio Abolishes Life Without Parole for Children, Joining 23 Other States". Equal Justice Initiative. Retrieved September 2, 2023.
- ^ "Chapter 2903 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved September 2, 2023.