State v. Clay

I. Introduction

{¶ 1} The appellant was convicted of having a weapon while under a disability under R.C. 2923.13(A)(3) because he was “under indictment” on drug charges at the time he possessed a weapon. The question before this court is “[wjhether knowledge of the pending indictment is required for a conviction for having a weapon under disability pursuant to R.C. 2923.13(A)(3) when the disability is *529based on a pending indictment.” We answer that question in the negative. But we also find that the General Assembly did not intend R.C. 2923.13(A)(3) to impose strict liability. Therefore,…