State v. Tolliver (Slip Opinion)

*421{¶ 1} The General Assembly has defined the offense of robbery to require proof of a culpable mental state (or mens rea) for some elements of the offense but not for others. In this appeal, we consider whether the state must prove a culpable mental state with respect to the element contained in R.C. 2911.02(A)(3), that the offender did “[u]se or threaten the immediate use of force against another.” We hold that it need not and that the strict-liability and read-in-recklessness rules of R.C. 2901.21(B) do not apply.

Background

{¶ 2} The Montgomery County Grand Jury indicted appellee, Kevin…