As Introduced
136th General Assembly
Regular Session H. B. No. 498
2025-2026
Representatives Lear, Robb Blasdel
Cosponsors: Representatives Hall, T., Dean, Fowler Arthur, Gross, Thomas, D., Kishman, Mullins, Fischer, King, Hoops, Schmidt, Stephens, Willis
To amend sections 2307.601, 2901.05, and 2901.09 and to enact sections 2901.091 and 2901.092 of the Revised Code to enact the Ohio Self-Defense Act to modify the law regarding self-defense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2307.601, 2901.05, and 2901.09 be amended and sections 2901.091 and 2901.092 of the Revised Code be enacted to read as follows:
Sec. 2307.601. (A) As used in this section:
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Residence" has the same meaning as in section 2901.05 of the Revised Code.
(2)
(3)
"Tort
action" has the same meaning as in section 2307.60 of the
Revised Code.
(4) "Reasonable force" has the same meaning as in section 2901.09 of the Revised Code.
(B)
For purposes of determining the potential liability of a person in a
tort action
related to the person's use of force alleged to be in self-defense,
defense of another, or defense of the person's residence, the ,
a person
who
is not engaged in illegal activity has
no duty to retreat
from any place where the person is lawfully present
before using
or threatening to use reasonable
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 ,
including deadly force, in the same circumstances in which a use or
threatened use of force, including deadly force, is authorized under
section 2901.09 of the Revised Code.
(C) The affirmative defense of self-defense, defense of another, or defense of that person's residence is not available in a tort action to any of the following:
(1) A person who uses force during the person's attempted commission, commission, or escape after the commission or attempted commission of a felony offense of violence;
(2) A person who uses force against another, who is an aggressor, if the person initially provoked the aggressor to use force or threat of force against the person, unless either of the following apply:
(a) The use of force or threat of force by the aggressor is sufficient for the person's reasonable belief that the person is in imminent danger of death or great bodily harm, and the person exhausts all reasonable means of escape other than the use of force or threat of force that is likely to cause death or great bodily harm to the aggressor.
(b) The use of force or threat of force by the aggressor continues or resumes after the person, in good faith, withdraws from physical contact and clearly indicates the desire to withdraw and terminate the use of force or threat of force by the person or the aggressor.
(3) A person who uses force to resist an unlawful arrest, if the person uses the force against a peace officer and the person using the force knows the person making the arrest is a peace officer;
(4) A person who uses force to resist a lawful arrest, if the person uses the force against a person making the arrest or against a person assisting in making the arrest;
(5) A person who uses force against a peace officer, or a person assisting a peace officer, if the peace officer is acting in the performance of the peace officer's official duties;
(6) A person who uses force while committing a violation of section 2923.13 of the Revised Code.
(D) The fact that an affirmative defense is not available to a person under division (C) of this section does not affect the person's right to bring any affirmative defense available to the person under the common law of this state prior to the effective date of this amendment.
(E) Except as provided in division (C) of this section, the immunity from civil action provided in division (A) of section 2901.092 of the Revised Code, and the requirement for an award in a civil action of reasonable attorney's fees, court costs, compensation for loss of income, and expenses incurred that is set forth in division (C) of that section, apply regarding a tort action described in this section.
(F)(1) In a tort action filed against a person related to the person's use or threatened use of force, including deadly force, against another, the person has a right to a pretrial immunity hearing, as described in division (F)(2) of this section, regarding a claim of immunity from liability for injury, death, or loss to another based on self-defense, defense of another, or defense of that person's residence.
(2) A person who is a defendant in a tort action of the type described in division (F)(1) of this section who would like a pretrial hearing as described in that division shall file a pretrial motion claiming that the person used or threatened to use the force, including deadly force, in self-defense, defense of another, or defense of that person's residence. The filing of the motion establishes a prima facie claim of self-defense, defense of another, or defense of that person's residence. Upon the filing of the motion, the court shall hold a pretrial immunity hearing and shall grant the motion and hold that the person used or threatened to use the force, including deadly force, in self-defense, defense of another, or defense of that person's residence unless the party seeking to overcome the immunity provides substantial evidence that the person did not use or threaten to use the force, including deadly force, in self-defense, defense of another, or defense of that person's residence.
(G) Except as provided in division (C)(2) of this section, 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.
Sec.
2901.05. (A)(A)(1)
Every person accused of an offense is presumed innocent until proven
guilty beyond a reasonable doubt, and the burden of proof for all
elements of the offense is upon the prosecution. The burden of going
forward with the evidence of an affirmative defense, and the burden
of proof, by a preponderance of the evidence, for an affirmative
defense other than self-defense, defense of another, or defense of
the accused's residence presented as described in division (B)(1) of
this section, is upon the accused.
(2) A person accused of an offense that involved the person's use or threatened use of force, including deadly force, against another has a right to a pretrial immunity hearing, as described in division (B)(1) of this section, regarding a claim of immunity from criminal prosecution based on self-defense, defense of another, or defense of that person's residence.
(B)(1)
A person is
allowed accused
of an offense that involved the person's use or threatened use of
force, including deadly force, against another who would like a
pretrial hearing as described in division (A)(2) of this section
shall file a pretrial motion claiming that the person used or
threatened to
act
use
the force, including deadly force, in
self-defense, defense of another, or defense of that person's
residence. If,
at The
filing of the motion establishes a prima facie claim of self-defense,
defense of another, or defense of that person's residence. Upon the
trial
filing
of
a person who is accused of an offense that involved the
person's
use of force against another, there is evidence presented that tends
to support motion,
the court shall hold a pretrial immunity hearing and shall grant the
motion and hold that
the accused
person
used
or threatened to use
the force,
including deadly force,
in self-defense, defense of another, or defense of that person's
residence,
unless
the
prosecution
must prove beyond a reasonable doubt state
proves by clear and convincing evidence that
the accused
person
did not use
or threaten to use
the force,
including deadly force,
in self-defense, defense of another, or defense of that person's
residence, as the case may be.
(2)
Subject to division (B)(3) of this section, a person is presumed to
have acted in self-defense or defense of another when using defensive
or
threatening to use deadly force
that is intended or likely to cause death or great bodily harm to
another if any
of the
following apply:
(a)
The
person against whom the defensive
deadly
force
is used or
threatened is
in the process of unlawfully and without privilege to do so entering,
or has unlawfully and without privilege to do so entered, the
residence
or ,
occupied vehicle
occupied
by ,
or place of business or employment, of the
person using
or threatening to use
the defensive
deadly
force,
or any other place in which the person using or threatening to use
the deadly force is lawfully present;
(b) The person against whom the deadly force is used or threatened is by force or threat removing or attempting to unlawfully remove another person against the other person's will from any place that the person using or threatening to use the deadly force is lawfully present;
(c) The person using or threatening to use the deadly force knows or has reason to believe that any of the conditions set forth in division (B)(2)(a) or (b) of this section are occurring or have occurred.
(3)
The presumption set forth in division (B)(2) of this section does not
apply if either
,
at the time the deadly force is used or threatened, any of
the following is
truecircumstances
are present:
(a)
The person against whom the defensive
deadly
force
is used or
threatened has
a right to be in,
or is a lawful resident of,
the
residence or vehicle
place where the person used or threatened to use the deadly force,
and a protective or no- contact order is not in effect against the
person against whom the deadly force is used or threatened.
(b) The person sought to be removed as described in division (B)(2)(b) of this section is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the deadly force is used or threatened.
(c)
The person who uses
or threatens to use
the defensive
deadly
force
uses
or threatens to use
it while engaged
in
a criminal
offense, while attempting to escape from the scene of a criminal
offense that the person has committed, or while using the residence,
place of business or employment,
or
occupied
vehicle and
the person is unlawfully, and without privilege to
be,
in that residence or vehiclefurther
a criminal offense.
(d) The person against whom the deadly force is used or threatened is a law enforcement officer who has entered or is attempting to enter a residence, place of business or employment, or occupied vehicle in the lawful performance of the law enforcement officer's official duties, and either the officer identified himself or herself as a law enforcement officer in accordance with any applicable law or the person using or threatening to use the deadly force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.
(4)
The presumption set forth in division (B)(2) of this section is a
rebuttable presumption and may be rebutted by a preponderance of the
evidence, provided that the prosecution's burden of proof remains
proof
beyond a reasonable doubt by
clear and convincing evidence as
described in divisions
(A) and division
(B)(1)
of this section.
(C) As part of its charge to the jury in a criminal case, the court shall read the definitions of "reasonable doubt" and "proof beyond a reasonable doubt," contained in division (E) of this section.
(D) As used in this section:
(1) An "affirmative defense" is either of the following:
(a) A defense expressly designated as affirmative;
(b) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence.
(2) "Dwelling" means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.
(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
(4) "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.
(E) "Reasonable doubt" is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. "Proof beyond a reasonable doubt" is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person's own affairs.
Sec.
2901.09. (A)
As used in this section,
"residence" has and
in sections 2901.091 and 2901.092 of the Revised Code:
(1)
"Peace officer" has the
same meaning as in section 2901.05
2935.01
of
the Revised Code.
(2) "Reasonable force" means the use or threatened use of force that a reasonable person would judge to be necessary to prevent an injury or loss and may include deadly force if a person reasonably believes that using or threatening to use such force is necessary to avoid injury or risk to the person's life or safety or the life or safety of another.
(3) "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
the
following apply:
(1) A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using or threatening to use reasonable force, including deadly force, in self-defense, defense of another, or defense of that person's residence, as authorized under this section.
(2) Except as provided in division (C)(2) of this section, a court or jury as trier of fact shall not consider the possibility of retreat as a factor in determining whether a person who used or threatened to use force, including deadly force, reasonably believed that such force was necessary to prevent injury, loss, or risk to life or safety.
(3)
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
is justified in the use of or threat to use reasonable force,
including deadly force, when the person reasonably believes that such
force is necessary to defend the person or another from any actual or
imminent use of unlawful force.
(4) A person is justified in the use of or threat to use reasonable force, including deadly force, even if an alternative course of action is available.
(5) A person may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the person's belief, and the person acts reasonably in response to that belief.
(C) The affirmative defense of self-defense, defense of another, or defense of that person's residence is not available in a criminal action to any of the following:
(1) A person who uses force during the person's attempted commission, commission, or escape after the commission or attempted commission of a felony offense of violence;
(2) A person who uses force against another, who is an aggressor, if the person initially provoked the aggressor to use force or threat of force against the person, unless either of the following apply:
(a) The use of force or threat of force by the aggressor is sufficient for the person's reasonable belief that the person is in imminent danger of death or great bodily harm, and the person exhausts all reasonable means of escape other than the use of force or threat of force that is likely to cause death or great bodily harm to the aggressor.
(b) The use of force or threat of force by the aggressor continues or resumes after the person, in good faith, withdraws from physical contact and clearly indicates the desire to withdraw and terminate the use of force or threat of force by the person or the aggressor.
(3) A person who uses force to resist an unlawful arrest, if the person uses the force against a peace officer and the person using the force knows the person making the arrest is a peace officer;
(4) A person who uses force to resist a lawful arrest, if the person uses the force against a person making the arrest or against a person assisting in making the arrest;
(5) A person who uses force against a peace officer, or a person assisting a peace officer, if the peace officer is acting in the performance of the peace officer's official duties;
(6) A person who uses force while committing a violation of section 2923.13 of the Revised Code.
(D) The fact that an affirmative defense is not available to a person under division (C) of this section does not affect the person's right to bring any affirmative defense available to the person under the common law of this state prior to the effective date of this amendment.
Sec. 2901.091. (A) As used in this section, "forcible felony" means any of the following:
(1) A felony violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2907.02, 2907.03, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code;
(2) Any felony offense not identified in division (A)(1) of this section that involves the use or threatened use of physical force or violence against any individual.
(B) A person who reasonably believes that another person is committing or is about to commit a forcible felony and who uses or threatens to use reasonable force, including deadly force, as authorized under section 2901.09 of the Revised Code, is justified in using or threatening to use reasonable force, including deadly force, against the other person to prevent or halt the commission of the forcible felony.
Sec. 2901.092. (A) A person who uses or threatens to use reasonable force, including deadly force, in accordance with section 2901.09 or 2901.091 of the Revised Code shall be immune from arrest, the filing of criminal charges, criminal prosecution, or civil action arising from the person's use or threatened use of the reasonable force, including deadly force.
(B) A law enforcement officer may use standard investigating procedures for investigating the use or threatened use of force, including deadly force, but the law enforcement officer shall not arrest a person for the person's use or threatened use of force, including deadly force, unless the law enforcement officer has probable cause to believe that the person's use or threatened use of force, including deadly force, was not justified under section 2901.09 or 2901.091 of the Revised Code.
(C) The court shall award treble damages including reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff or criminal action brought by a prosecutor if the court finds that the defendant is immune from criminal prosecution or civil action as provided in division (A) of this section. In a criminal action, any damages awarded under this division shall be paid by the county or political subdivision that charged the defendant.
Section 2. That existing sections 2307.601, 2901.05, and 2901.09 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the Ohio Self-Defense Act.