Ohio § 2307.60

§ 2307.60.

(A)(1) Anyone injured in person or property by a criminal act has, and may recover full

damages in, a civil action unless specifically excepted by law, may recover the costs

of maintaining the civil action and attorney's fees if authorized by any provision

of the Rules of Civil Procedure or another section of the Revised Code or under the

common law of this state, and may recover punitive or exemplary damages if authorized

by section 2315.21 or another section of the Revised Code. (2) A final judgment of a trial court that has not been reversed on appeal or otherwise

set aside, nullified, or vacated, entered after a trial or upon a plea of guilty,

but not upon a plea of no contest or the equivalent plea from another jurisdiction,

that adjudges an offender guilty of an offense of violence punishable by death or

imprisonment in excess of one year, when entered as evidence in any subsequent civil

proceeding based on the criminal act, shall preclude the offender from denying in

the subsequent civil proceeding any fact essential to sustaining that judgment, unless

the offender can demonstrate that extraordinary circumstances prevented the offender

from having a full and fair opportunity to litigate the issue in the criminal proceeding

or other extraordinary circumstances justify affording the offender an opportunity

to relitigate the issue.  The offender may introduce evidence of the offender's pending appeal of the final

judgment of the trial court, if applicable, and the court may consider that evidence

in determining the liability of the offender. (B)(1) As used in division (B) of this section: (a) “ Tort action ” means a civil action for damages for injury, death, or loss to person or property

other than a civil action for damages for a breach of contract or another agreement

between persons.  “Tort action” includes, but is not limited to, a product liability claim, as defined

in section 2307.71 of the Revised Code , and an asbestos claim, as defined in section 2307.91 of the Revised Code , an action for wrongful death under Chapter 2125. of the Revised Code, and an action

based on derivative claims for relief. (b) “Residence” has the same meaning as in section 2901.05 of the Revised Code . (2) Recovery on a claim for relief in a tort action is barred to any person or the person's

legal representative if any of the following apply: (a) The person has been convicted of or has pleaded guilty to a felony, or to a misdemeanor

that is an offense of violence, arising out of criminal conduct that was a proximate

cause of the injury or loss for which relief is claimed in the tort action. (b) The person engaged in conduct that, if prosecuted, would constitute a felony, a misdemeanor

that is an offense of violence, an attempt to commit a felony, or an attempt to commit

a misdemeanor that is an offense of violence and that conduct was a proximate cause

of the injury or loss for which relief is claimed in the tort action, regardless of

whether the person has been convicted of or pleaded guilty to or has been charged

with committing the felony, the misdemeanor, or the attempt to commit the felony or

misdemeanor. (c) The person suffered the injury or loss for which relief is claimed in the tort action

as a proximate result of the victim of conduct that, if prosecuted, would constitute

a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony,

or an attempt to commit a misdemeanor that is an offense of violence acting against

the person in self-defense, defense of another, or defense of the victim's residence,

regardless of whether the person has been convicted of or pleaded guilty to or has

been charged with committing the felony, the misdemeanor, or the attempt to commit

the felony or misdemeanor.  Division (B)(2)(c) of this section does not apply if the person who suffered the

injury or loss, at the time of the victim's act of self-defense, defense of another,

or defense of residence, was an innocent bystander who had no connection with the

underlying conduct that prompted the victim's exercise of self-defense, defense of

another, or defense of residence. (3) Recovery against a victim of conduct that, if prosecuted, would constitute a felony,

a misdemeanor that is an offense of violence, an attempt to commit a felony, or an

attempt to commit a misdemeanor that is an offense of violence, on a claim for relief

in a tort action is barred to any person or the person's legal representative if conduct

the person engaged in against that victim was a proximate cause of the injury or loss

for which relief is claimed in the tort action and that conduct, if prosecuted, would

constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit

a felony, or an attempt to commit a misdemeanor that is an offense of violence, regardless

of whether the person has been convicted of or pleaded guilty to or has been charged

with committing the felony, the misdemeanor, or the attempt to commit the felony or

misdemeanor. (4) Divisions (B)(1) to (3) of this section do not apply to civil claims based upon alleged

intentionally tortious conduct, alleged violations of the United States Constitution,

or alleged violations of statutes of the United States pertaining to civil rights.  For purposes of division (B)(4) of this section, a person's act of self-defense,

defense of another, or defense of the person's residence does not constitute intentionally

tortious conduct.