State v. Adams

The Court of Appeals found plain and reversible error in the trial court’s failure to instruct the jury on the degree of mental culpability requisite to a finding of criminal liability under the endangering children statute (R. C. 2919.22).

R. C. 2919.22(B)(2),1 as submitted to the jury for its con*153sideration, does not “specify any degree of culpability” nor does it “plainly indicate] a purpose to impose strict criminal liability for the conduct described in such section.” R. C. 2901.21(B). Recklessness therefore is sufficient culpability to commit the offense. The Court of Appeals correctly…