Ohio2026Passed Legislature

HB108

Self-Defense Protection Act

Last scannedAug 25, 2026, 4:32 AM

In one sentence

This law creates a pretrial process where people accused of crimes can ask for special protection if they claim they used force in self-defense, defense of another person, or defense of their residence.

Allows an accused person to file a motion before trial claiming they acted in self-defense, defense of another, or defense of their residence.
Requires the court to hold a hearing if this pretrial motion is filed.
Creates a rule that assumes the person acted lawfully if evidence supports it at the hearing by a preponderance of the evidence, forcing prosecutors to prove otherwise beyond a reasonable doubt during trial.
Defines 'residence' as a dwelling where someone lives temporarily or permanently or visits as a guest; defines 'dwelling' to include buildings with roofs like tents and attached porches.
Requires judges to read specific definitions of 'reasonable doubt' and 'proof beyond a reasonable doubt' to juries in criminal cases.

People accused of crimes who claim they used force for self-defense, defense of another, or defense of their residence.
Prosecutors who must prove the use of force was not justified if a presumption is granted.
Courts that must hold pretrial hearings and instruct juries on specific legal definitions.

The special protection does not apply if the person using force was unlawfully in their own home or vehicle.
If a pretrial motion is denied, there is no automatic presumption of self-defense at trial, though the accused can still argue it and must meet certain evidence standards to shift the burden back to prosecutors.
This text describes how the law works but does not state when it officially takes effect.

Plain language

Preponderance of the evidence: A standard where it is more likely than not (over 50%) that something happened, used for the pretrial hearing decision and to rebut certain presumptions.
Proof beyond a reasonable doubt: The highest level of proof required in criminal trials; jurors must be firmly convinced based on reason and common sense before relying on it as they would in their own important affairs.
Rebuttable presumption: A rule that assumes something is true unless the other side provides enough evidence to prove it false.

Official record

Source attached

Enact the Self-Defense Protection Act

Official activity