Columbus OVI/DUI Attorney Blog
After a domestic dispute, an Ohio woman intentionally hit a man with her car and was charged with Aggravated Vehicular Assault. According to a recent story by WHOTV7, the woman drove her SUV over a sidewalk and into a yard to hit the man. That does sound intentional. When it comes to vehicular crimes in Ohio, is intent necessary?
Two Parts to Every Crime
Generally, every crime has two parts: an actus reus (guilty act) and a mens rea (guilty mind). The Ohio Revised Code does not use the Latin terms but does incorporate the two-part theory. Ohio Revised Code section 2901.21(A) says a person is not guilty of an offense unless: (1) the person’s liability is based on conduct that includes a voluntary act (the actus reus); and (2) the person has the requisite degree of culpability. ‘Culpability’ is means purpose, knowledge, recklessness, or negligence (the mens rea).
The Exception: Strict Liability Offenses
The ‘requisite degree of culpability’, what mens rea is necessary to be guilty of an offense, is stated in the statute defining a crime. For example, the Ohio statute defining Felonious Assault states, “No person shall knowingly cause serious physical harm to another”.
However, according to Ohio Revised Code section 2901.21(B), “If the statute defining a crime does not specify any degree of culpability and plainly indicates a purpose to impose strict criminal liability, then culpability is not required for a person to be guilty of the offense”. Offenses in this category are called ‘strict liability offenses’.
Vehicular Crimes and Mens Rea
Most vehicular offenses in Ohio are strict liability offenses. Vehicular offenses defined in Title 45 of the Ohio Revised Code, like DUI (called ‘OVI’ in Ohio), are specifically categorized as strict liability offenses. But what about the offense of Vehicular Assault (defined in Title 29), the crime with which the Ohio woman was charged?
Vehicular Assault may be committed in four ways.
- Aggravated Vehicular Assault is committed when a person causes serious physical harm to another person as the proximate result of committing the offense of OVI (Operating a Vehicle under the Influence). This is a strict liability offense.
- Felony Vehicular Assault is committed when a person causes serious physical harm to another person as the proximate result of committing a reckless operation offense in a construction zone. This is not a strict liability offense, as the requisite degree of culpability is recklessness.
- Felony Vehicular Assault is also committed when a person causes serious physical harm to another person while operating a motor vehicle recklessly. This is not a strict liability offense, as the requisite degree of culpability is recklessness.
- Misdemeanor Vehicular Assault is committed when a person causes serious physical harm to another person as the proximate result of committing a speeding offense in a construction zone. This is a strict liability offense.
Lack of “intent” (mens rea) is only a defense to Ohio vehicular offenses which are not categorized as strict liability offenses. The woman who hit her lover with her SUV was charged with Aggravated Vehicular Assault and Felonious Assault. She can pursue lack of culpability as a defense to both charges, as the Aggravated Vehicular Assault charge requires proof she acted recklessly, and the Felonious Assault charge requires proof she acted knowingly.