State v. Lester

{¶ 1} The issue before us is whether, in the crime of aggravated robbery in violation of R.C. 2911.01(A)(1), the element of brandishing, displaying, using, or *397indicating possession of a deadly weapon has a mens rea of recklessness, or whether strict liability is imposed with regard to that element. We conclude that R.C. 2911.01(A)(1) imposes strict liability for that element. Consequently, we reverse the court of appeals’ judgment.

I

A

{¶ 2} James Lester and an unnamed accomplice stole money from three men by drawing the victims into playing three-card monte. One of the victims (“victim two”)…