Effective June 5, 2023 (prior version below):
Ohio Revised Code
Title 29: Crimes — Procedure (Chs. 2901 — 2981)
Chapter 2901: General Provisions (§§ 2901.01 — 2901.45)
In General (§§ 2901.01 — 2901.10)
§ 2901.09 When there is no duty to retreat before using force in self-defense, defense of another, or defense of residence.
(A) As used in this section, “residence” has the same meaning as in section 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
(C) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
Effective April 6, 2021 (prior version below):
Page’s Ohio Revised Code Annotated
Title 29: Crimes — Procedure (Chs. 2901 — 2981)
Chapter 2901: General Provisions (§§ 2901.01 — 2901.45)
In General (§§ 2901.01 — 2901.10)
§ 2901.09 When there is no duty to retreat before using force in self-defense, defense of another, or defense of residence. [Effective April 6, 2021]
(A) As used in this section, “residence” has the same meaning as in section 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
(C) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
Effective prior to April 6, 2021:
Ohio Revised Code (O.R.C.)
Title 29. Crimes – Procedure
Chapter 2901. General Provisions
2901.09. No duty to retreat in residence or vehicle
(A) As used in this section, “residence” and “vehicle” have the same meanings as in section 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person’s residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence, and a person who lawfully is an occupant of that person’s vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.
[230605]