Ohio § 2923.02

§ 2923.02.

(A) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability

for the commission of an offense, shall engage in conduct that, if successful, would

constitute or result in the offense. (B) It is no defense to a charge under this section that, in retrospect, commission of

the offense that was the object of the attempt was either factually or legally impossible

under the attendant circumstances, if that offense could have been committed had the

attendant circumstances been as the actor believed them to be. (C) No person who is convicted of committing a specific offense, of complicity in the

commission of an offense, or of conspiracy to commit an offense shall be convicted

of an attempt to commit the same offense in violation of this section. (D) It is an affirmative defense to a charge under this section that the actor abandoned

the actor's effort to commit the offense or otherwise prevented its commission, under

circumstances manifesting a complete and voluntary renunciation of the actor's criminal

purpose. (E)(1) Whoever violates this section is guilty of an attempt to commit an offense.  An attempt to commit aggravated murder, murder, or an offense for which the maximum

penalty is imprisonment for life is a felony of the first degree.  An attempt to commit a drug abuse offense for which the penalty is determined by

the amount or number of unit doses of the controlled substance involved in the drug

abuse offense is an offense of the same degree as the drug abuse offense attempted

would be if that drug abuse offense had been committed and had involved an amount

or number of unit doses of the controlled substance that is within the next lower

range of controlled substance amounts than was involved in the attempt.  An attempt to commit any other offense is an offense of the next lesser degree than

the offense attempted.  In the case of an attempt to commit an offense other than a violation of Chapter

3734. of the Revised Code that is not specifically classified, an attempt is a misdemeanor

of the first degree if the offense attempted is a felony, and a misdemeanor of the

fourth degree if the offense attempted is a misdemeanor.  In the case of an attempt to commit a violation of any provision of Chapter 3734.

of the Revised Code, other than section 3734.18 of the Revised Code , that relates to hazardous wastes, an attempt is a felony punishable by a fine of

not more than twenty-five thousand dollars or imprisonment for not more than eighteen

months, or both.  An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an

offense under this section. (2) If a person is convicted of or pleads guilty to attempted rape and also is convicted

of or pleads guilty to a specification of the type described in section 2941.1418 , 2941.1419 , or 2941.1420 of the Revised Code , the offender shall be sentenced to a prison term or term of life imprisonment pursuant

to section 2971.03 of the Revised Code . (3) In addition to any other sanctions imposed pursuant to division (E)(1) of this section

for an attempt to commit aggravated murder or murder in violation of division (A)

of this section, if the offender used a motor vehicle as the means to attempt to commit

the offense, the court shall impose upon the offender a class two suspension of the

offender's driver's license, commercial driver's license, temporary instruction permit,

probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code . (4) If a person is convicted of or found guilty of an attempt to commit aggravated murder

of the type described in division (E) or (F) of section 2903.01 of the Revised Code , the court shall impose as a mandatory prison term one of the prison terms prescribed

for a felony of the first degree. (F) As used in this section: (1) “Drug abuse offense” has the same meaning as in section 2925.01 of the Revised Code . (2) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code .