State v. O'Brien

The case at bar poses two questions for the court. The first question is whether R.C. 2919.22(B)(3), endangering children, is a strict liability offense. The second issue is whether an indictment may be amended to include an essential element of the offense charged.

As to the first question, appellant asks this court to expressly overrule its holding in State v. Adams (1980), 62 Ohio St. 2d 151, 16 O.O. 3d 169, *124404 N.E. 2d 144, and find that the crime of endangering children under R.C. 2919.22(B)(3) is now a strict liability offense. We decline to make such a finding.

In State v. Adams,…