Franklin County Criminal Law Casebook
Reproduced with permission from
David L. Strait and the Franklin County Public Defender Office
CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD (151)
R.C. 2919.24 -- Contributing to unruliness or
State v. Moody, 104 Ohio St. 3d 244,
2004-Ohio-6395 -- Syllabus: "The culpable mental state of recklessness applies
to the offense of contributing to the unruliness or delinquency of a
child under former R.C. 2919.24."
At ¶15: "The fact the statute contains the phrase 'No person shall' does not
mean that it is a strict liability offense."
State v. Moody, Champaign App. No. 2002 CA
13, 2003-Ohio-1566 --
R.C. 2919.24(A)(1) does not impose strict liability. But
see State v. Wood (1989), 63 Ohio App. 3d 855, syllabus.
State v. Wood (1989), 63 Ohio App. 3d
855 -- Syllabus by the Court: "(1)
R.C. 2919.24 imposes strict criminal
liability. (2) A parent may be charged and convicted of violating
when the parent fails to send their child to school even though
also provides penalties for failure to comply with the compulsory education
In re Lomeli (1995), 106 Ohio App. 3d 242
-- A juvenile may be charged with contributing to the unruliness of a minor.
State v. Cole (1982), 8 Ohio App. 3d 416
-- (1) In a prosecution for violation of
R.C. 2151.41, contributing to the
unruliness of a child, sexual conduct of the child other than on the date of the
alleged offense is not relevant for impeachment or to show that the child was
already "unruly." (2) The statute imposes strict criminal liability.
State v. Lukens (1990), 66 Ohio App. 3d
794 -- Whether child was already unruly is not an issue. Defendant not
prejudiced by court's refusal to admit juvenile records to this end. At p. 800:
"In a similar vein, a party charged with polluting a river may argue many others
have previously dumped garbage into the stream..."
State v. Andriola (1990), 70 Ohio App. 3d
69 -- Proof that the child is actually unruly is not required when the
allegation is that the defendant acted in a way tending to cause unruliness.
State v. Thompson (1994), 97 Ohio App. 3d
629 -- R.C. 2151.421(G), conferring immunity from civil or criminal liability on
any person reporting in good faith known or suspected child abuse, applies to
the consequences of reporting the abuse to the authorities and does not protect
defendant accused of harboring child without parent's permission.
State v. Rigg (1994), 92 Ohio App. 3d 113
-- Adult was convicted of contributing to the delinquency of a minor after
becoming sexually involved with Wireman, a 17 year old friend of her son, who
had been released into her custody under house arrest. As Wireman was now of
age, it was improper to make it a condition of her probation that she have no
contact with him.
State v. Black (1993), 85 Ohio App. 3d
771, 778 -- In a contributing to the unruliness of a child prosecution, the rape
shield law does not bar evidence of prior unsubstantiated claims of sexual abuse
made by the juvenile. False accusations of rape do not constitute sexual
activity of the victim. State v. Boggs (1992), 63 Ohio St. 3d 418
State v. Michael (1996), 108 Ohio App. 3d
285 -- Grandmother's conviction for contributing to unruliness was not supported
by the evidence where there was no proof she affirmatively kept children home
from school or failed to take steps to ensure attendance.
State v. Ellis (1989), 64 Ohio App. 3d
158 -- Father's conviction for contributing upheld where he refereed children's
game of strip poker and allowed consumption of alcoholic beverages.
State v. Ellis (1992), 83 Ohio App. 3d
362 -- Defendant involved his minor girlfriend in a theft from the convenience
store where she worked and later married her. Held that she was competent to
testify against him both as to a contributing to delinquency charge (wherein she
was the victim) and the related theft charge.
State v. Price (1985), 26 Ohio App. 3d 41
-- Prior conviction for contributing to the delinquency of a minor does not bar
prosecution of an adult for related burglary. Also see State, ex rel. Wall,
v. Grossman (1980), 61 Ohio St. 2d 4; State v. Gose (1986), 33 Ohio
App. 3d 288 (liquor law violation).
Newark v. Vazirani (1990), 48 Ohio St. 3d
81 -- Municipal ordinance analogous to contributing statute and ordinance
proscribing sale of beer to minors are allied offenses of similar import. But
the analytical method followed was overruled in State v. Rance (1999), 85
Ohio St. 3d 632, and same result probably would not follow under the new
State v. Moore (1978), 62 Ohio App. 2d 86
-- Headnote: "The crimes of gross sexual imposition...and contributing to the
delinquency of a child...are separate and distinct crimes and the latter is not
a lesser offense included within the former."
State v. S.R. (1992), 63 Ohio St. 3d 590
-- Defendant was found not guilty of contributing to the delinquency of a minor
and sought to have records made during investigation by children services agency
sealed. Syllabus: "Records of a county children services board investigation
made pursuant to R.C. 5153.17 and
2151.141 are 'official records' within the
meaning of R.C. 2953.52. The trial court should weigh the privacy interests of
the person seeking to seal the official records against the legitimate needs of
the agency in maintaining those records."
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