State v. Collins
Ohio Supreme Court
89 Ohio St. 3d 524 (2000)
- Written by Sharon Feldman, JD
Facts
As part of an order granting a divorce, Donald Collins (defendant) was required to pay child support for his children. Collins failed to comply with his obligations. Collins signed a wage-assignment authorization for the payment of child support. Four years later, a judgment was entered against him for arrearages. The child-support agency received no payments over the next three years. Collins was charged with violating Ohio Revised Code (R.C.) 2919.21(B) by recklessly failing to comply with a child-support order. The trial court struck the word recklessly and declined to charge the jury that recklessness was an element of the offense. Collins was convicted after trial. The court of appeals reversed, concluding that the state was required to prove recklessness. The state appealed, arguing that R.C. 2919.21(B) was a strict-liability offense.
Rule of Law
Issue
Holding and Reasoning (Moyer, C.J.)
Concurrence/Dissent (Lundberg Stratton, J.)
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