Enact the Ohio Self-Defense Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 498

2025-2026

Representatives Lear, Robb Blasdel

Cosponsors: Representatives Hall, T.,
Dean, Fowler Arthur, Gross, Thomas, D., Kishman, Mullins, Fischer,
King, Hoops, Schmidt, Stephens, Willis

To
amend sections 2307.601, 2901.05, and 2901.09 and to enact sections
2901.091 and 2901.092 of the Revised Code
to
enact the Ohio Self-Defense Act to modify the law regarding
self-defense.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2307.601, 2901.05, and 2901.09 be amended and sections
2901.091 and 2901.092 of the Revised Code be enacted to read as
follows:

Sec.
2307.601.
(A)
As used in this section:

(1)

"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(2)

"Residence" has the same meaning as in section 2901.05 of
the Revised Code.

(2)

(3)

"Tort
action" has the same meaning as in section 2307.60 of the
Revised Code.

(4)
"Reasonable force" has the same meaning as in section
2901.09 of the Revised Code.

(B)
For purposes of determining the potential liability of a person in a
tort action

related to the person's use of force alleged to be in self-defense,
defense of another, or defense of the person's residence, the
,
a
person

who
is not engaged in illegal activity
has
no duty to retreat

from any place where the person is lawfully present

before using

or threatening to use reasonable

force

in self-defense, defense of another, or defense of that person's
residence if that person is in a place in which the person lawfully
has a right to be.

(C)
A
,
including deadly force, in the same circumstances in which a use or
threatened use of force, including deadly force, is authorized under
section 2901.09 of the Revised Code.

(C)
The affirmative defense of self-defense, defense of another, or
defense of that person's residence is not available in a tort action
to any of the following:

(1)
A person who uses force during the person's attempted commission,
commission, or escape after the commission or attempted commission of
a felony offense of violence;

(2)
A person who uses force against another, who is an aggressor, if the
person initially provoked the aggressor to use force or threat of
force against the person, unless either of the following apply:

(a)
The use of force or threat of force by the aggressor is sufficient
for the person's reasonable belief that the person is in imminent
danger of death or great bodily harm, and the person exhausts all
reasonable means of escape other than the use of force or threat of
force that is likely to cause death or great bodily harm to the
aggressor.

(b)
The use of force or threat of force by the aggressor continues or
resumes after the person, in good faith, withdraws from physical
contact and clearly indicates the desire to withdraw and terminate
the use of force or threat of force by the person or the aggressor.

(3)
A person who uses force to resist an unlawful arrest, if the person
uses the force against a peace officer and the person using the force
knows the person making the arrest is a peace officer;

(4)
A person who uses force to resist a lawful arrest, if the person uses
the force against a person making the arrest or against a person
assisting in making the arrest;

(5)
A person who uses force against a peace officer, or a person
assisting a peace officer, if the peace officer is acting in the
performance of the peace officer's official duties;

(6)
A person who uses force while committing a violation of section
2923.13 of the Revised Code.

(D)
The fact that an affirmative defense is not available to a person
under division (C) of this section does not affect the person's right
to bring any affirmative defense available to the person under the
common law of this state prior to the effective date of this
amendment.

(E)
Except as provided in division (C) of this section, the immunity from
civil action provided in division (A) of section 2901.092 of the
Revised Code, and the requirement for an award in a civil action of
reasonable attorney's fees, court costs, compensation for loss of
income, and expenses incurred that is set forth in division (C) of
that section, apply regarding a tort action described in this
section.

(F)(1)
In a tort action filed against a person related to the person's use
or threatened use of force, including deadly force, against another,
the person has a right to a pretrial immunity hearing, as described
in division (F)(2) of this section, regarding a claim of immunity
from liability for injury, death, or loss to another based on
self-defense, defense of another, or defense of that person's
residence.

(2)
A person who is a defendant in a tort action of the type described in
division (F)(1) of this section who would like a pretrial hearing as
described in that division shall file a pretrial motion claiming that
the person used or threatened to use the force, including deadly
force, in self-defense, defense of another, or defense of that
person's residence. The filing of the motion establishes a prima
facie claim of self-defense, defense of another, or defense of that
person's residence. Upon the filing of the motion, the court shall
hold a pretrial immunity hearing and shall grant the motion and hold
that the person used or threatened to use the force, including deadly
force, in self-defense, defense of another, or defense of that
person's residence unless the party seeking to overcome the immunity
provides substantial evidence that the person did not use or threaten
to use the force, including deadly force, in self-defense, defense of
another, or defense of that person's residence.

(G)
Except as provided in division (C)(2) of this section, a
trier
of fact shall not consider the possibility of retreat as a factor in
determining whether or not a person who used force in self-defense,
defense of another, or defense of that person's residence reasonably
believed that the force was necessary to prevent injury, loss, or
risk to life or safety.

Sec.
2901.05.
(A)
(A)(1)

Every person accused of an offense is presumed innocent until proven
guilty beyond a reasonable doubt, and the burden of proof for all
elements of the offense is upon the prosecution. The burden of going
forward with the evidence of an affirmative defense, and the burden
of proof, by a preponderance of the evidence, for an affirmative
defense other than self-defense, defense of another, or defense of
the accused's residence presented as described in division (B)(1) of
this section, is upon the accused.

(2)
A person accused of an offense that involved the person's use or
threatened use of force, including deadly force, against another has
a right to a pretrial immunity hearing, as described in division
(B)(1) of this section, regarding a claim of immunity from criminal
prosecution based on self-defense, defense of another, or defense of
that person's residence.

(B)(1)
A person
is
allowed
accused
of an offense that involved the person's use or threatened use of
force, including deadly force, against another who would like a
pretrial hearing as described in division (A)(2) of this section
shall file a pretrial motion claiming that the person used or
threatened
to

act

use
the force, including deadly force,
in
self-defense, defense of another, or defense of that person's
residence.
If,
at
The
filing of the motion establishes a prima facie claim of self-defense,
defense of another, or defense of that person's residence. Upon
the

trial

filing

of

a person who is accused of an offense that involved
the

person's
use of force against another, there is evidence presented that tends
to support
motion,
the court shall hold a pretrial immunity hearing and shall grant the
motion and hold
that
the
accused

person
used

or threatened to use

the force
,
including deadly force,

in self-defense, defense of another, or defense of that person's
residence
,

unless

the

prosecution
must prove beyond a reasonable doubt
state
proves by clear and convincing evidence
that
the
accused

person
did not use

or threaten to use

the force
,
including deadly force,

in self-defense, defense of another, or defense of that person's
residence, as the case may be.

(2)
Subject to division (B)(3) of this section, a person is presumed to
have acted in self-defense or defense of another when using
defensive

or
threatening to use deadly
force
that is intended or likely to cause death or great bodily harm to
another if
any
of
the

following apply:

(a)
The

person against whom the
defensive

deadly

force
is used
or
threatened
is
in the process of unlawfully and without privilege to do so entering,
or has unlawfully and without privilege to do so entered, the
residence

or
,
occupied
vehicle

occupied
by
,
or place of business or employment, of
the
person using

or threatening to use

the
defensive

deadly

force
,
or any other place in which the person using or threatening to use
the deadly force is lawfully present;

(b)
The person against whom the deadly force is used or threatened is by
force or threat removing or attempting to unlawfully remove another
person against the other person's will from any place that the person
using or threatening to use the deadly force is lawfully present;

(c)
The person using or threatening to use the deadly force knows or has
reason to believe that any of the conditions set forth in division
(B)(2)(a) or (b) of this section are occurring or have occurred
.

(3)
The presumption set forth in division (B)(2) of this section does not
apply if
either

,
at the time the deadly force is used or threatened, any
of
the following
is
true
circumstances
are present
:

(a)
The person against whom the
defensive

deadly

force
is used
or
threatened
has
a right to be in
,
or is a lawful resident of,

the

residence or vehicle

place where the person used or threatened to use the deadly force,
and a protective or no- contact order is not in effect against the
person against whom the deadly force is used or threatened
.

(b)

The person sought to be removed as described in division (B)(2)(b) of
this section is a child or grandchild or is otherwise in the lawful
custody or under the lawful guardianship of the person against whom
the deadly force is used or threatened.

(c)

The person who uses

or threatens to use

the
defensive

deadly

force
uses

or threatens to use

it while
engaged

in
a
criminal
offense, while attempting to escape from the scene of a criminal
offense that the person has committed, or while using the
residence
,
place of business or employment,

or

occupied

vehicle
and
the person is unlawfully, and without privilege
to

be,
in that residence or vehicle
further
a criminal offense
.

(d)
The person against whom the deadly force is used or threatened is a
law enforcement officer who has entered or is attempting to enter a
residence, place of business or employment, or occupied vehicle in
the lawful performance of the law enforcement officer's official
duties, and either the officer identified himself or herself as a law
enforcement officer in accordance with any applicable law or the
person using or threatening to use the deadly force knows or
reasonably should know that the person who has entered or is
attempting to enter is a law enforcement officer.

(4)
The presumption set forth in division (B)(2) of this section is a
rebuttable presumption and may be rebutted by a preponderance of the
evidence, provided that the prosecution's burden of proof remains

proof
beyond a reasonable doubt
by
clear and convincing evidence
as
described in
divisions
(A) and
division

(B)(1)
of this section.

(C)
As part of its charge to the jury in a criminal case, the court shall
read the definitions of "reasonable doubt" and "proof
beyond a reasonable doubt," contained in division (E) of this
section.

(D)
As used in this section:

(1)
An "affirmative defense" is either of the following:

(a)
A defense expressly designated as affirmative;

(b)
A defense involving an excuse or justification peculiarly within the
knowledge of the accused, on which the accused can fairly be required
to adduce supporting evidence.

(2)
"Dwelling" means a building or conveyance of any kind that
has a roof over it and that is designed to be occupied by people
lodging in the building or conveyance at night, regardless of whether
the building or conveyance is temporary or permanent or is mobile or
immobile. As used in this division, a building or conveyance
includes, but is not limited to, an attached porch, and a building or
conveyance with a roof over it includes, but is not limited to, a
tent.

(3)
"Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiting as a guest.

(4)
"Vehicle" means a conveyance of any kind, whether or not
motorized, that is designed to transport people or property.

(E)
"Reasonable doubt" is present when the jurors, after they
have carefully considered and compared all the evidence, cannot say
they are firmly convinced of the truth of the charge. It is a doubt
based on reason and common sense. Reasonable doubt is not mere
possible doubt, because everything relating to human affairs or
depending on moral evidence is open to some possible or imaginary
doubt. "Proof beyond a reasonable doubt" is proof of such
character that an ordinary person would be willing to rely and act
upon it in the most important of the person's own affairs.

Sec.
2901.09.
(A)
As used in this section
,
"residence" has
and
in sections 2901.091 and 2901.092 of the Revised Code:

(1)
"Peace officer" has
the
same meaning as in section
2901.05

2935.01

of
the Revised Code.

(2)
"Reasonable force" means the use or threatened use of force
that a reasonable person would judge to be necessary to prevent an
injury or loss and may include deadly force if a person reasonably
believes that using or threatening to use such force is necessary to
avoid injury or risk to the person's life or safety or the life or
safety of another.

(3)
"Residence" has the same meaning as in section 2901.05 of
the Revised Code.

(B)
For purposes of any section of the Revised Code that sets forth a
criminal offense,
a

the
following apply:

(1)
A person who is not engaged in illegal activity has no duty to
retreat from any place where the person is lawfully present before
using or threatening to use reasonable force, including deadly force,
in self-defense, defense of another, or defense of that person's
residence, as authorized under this section.

(2)
Except as provided in division (C)(2) of this section, a court or
jury as trier of fact shall not consider the possibility of retreat
as a factor in determining whether a person who used or threatened to
use force, including deadly force, reasonably believed that such
force was necessary to prevent injury, loss, or risk to life or
safety.

(3)
A
person

has no duty to retreat before using force in self-defense, defense of
another, or defense of that person's residence if that person is in a
place in which the person lawfully has a right to be.

(C)
A trier of fact shall not consider the possibility of retreat as a
factor in determining whether or not a person who used force in
self-defense, defense of another, or defense of that person's
residence reasonably believed that the force was necessary to prevent
injury, loss, or risk to life or safety

is justified in the use of or threat to use reasonable force,
including deadly force, when the person reasonably believes that such
force is necessary to defend the person or another from any actual or
imminent use of unlawful force.

(4)
A person is justified in the use of or threat to use reasonable
force, including deadly force, even if an alternative course of
action is available.

(5)
A person may be wrong in the estimation of the danger or the force
necessary to repel the danger as long as there is a reasonable basis
for the person's belief, and the person acts reasonably in response
to that belief.

(C)
The affirmative defense of self-defense, defense of another, or
defense of that person's residence is not available in a criminal
action to any of the following:

(1)
A person who uses force during the person's attempted commission,
commission, or escape after the commission or attempted commission of
a felony offense of violence;

(2)
A person who uses force against another, who is an aggressor, if the
person initially provoked the aggressor to use force or threat of
force against the person, unless either of the following apply:

(a)
The use of force or threat of force by the aggressor is sufficient
for the person's reasonable belief that the person is in imminent
danger of death or great bodily harm, and the person exhausts all
reasonable means of escape other than the use of force or threat of
force that is likely to cause death or great bodily harm to the
aggressor.

(b)
The use of force or threat of force by the aggressor continues or
resumes after the person, in good faith, withdraws from physical
contact and clearly indicates the desire to withdraw and terminate
the use of force or threat of force by the person or the aggressor.

(3)
A person who uses force to resist an unlawful arrest, if the person
uses the force against a peace officer and the person using the force
knows the person making the arrest is a peace officer;

(4)
A person who uses force to resist a lawful arrest, if the person uses
the force against a person making the arrest or against a person
assisting in making the arrest;

(5)
A person who uses force against a peace officer, or a person
assisting a peace officer, if the peace officer is acting in the
performance of the peace officer's official duties;

(6)
A person who uses force while committing a violation of section
2923.13 of the Revised Code.

(D)
The fact that an affirmative defense is not available to a person
under division (C) of this section does not affect the person's right
to bring any affirmative defense available to the person under the
common law of this state prior to the effective date of this
amendment
.

Sec.
2901.091.
(A)
As used in this section, "forcible felony" means any of the
following:

(1)
A felony violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2905.01, 2905.02, 2907.02, 2907.03, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code;

(2)
Any felony offense not identified in division (A)(1) of this section
that involves the use or threatened use of physical force or violence
against any individual.

(B)
A person who reasonably believes that another person is committing or
is about to commit a forcible felony and who uses or threatens to use
reasonable force, including deadly force, as authorized under section
2901.09 of the Revised Code, is justified in using or threatening to
use reasonable force, including deadly force, against the other
person to prevent or halt the commission of the forcible felony.

Sec.
2901.092.
(A)
A person who uses or threatens to use reasonable force, including
deadly force, in accordance with section 2901.09 or 2901.091 of the
Revised Code shall be immune from arrest, the filing of criminal
charges, criminal prosecution, or civil action arising from the
person's use or threatened use of the reasonable force, including
deadly force.

(B)
A law enforcement officer may use standard investigating procedures
for investigating the use or threatened use of force, including
deadly force, but the law enforcement officer shall not arrest a
person for the person's use or threatened use of force, including
deadly force, unless the law enforcement officer has probable cause
to believe that the person's use or threatened use of force,
including deadly force, was not justified under section 2901.09 or
2901.091 of the Revised Code.

(C)
The court shall award treble damages including reasonable attorney's
fees, court costs, compensation for loss of income, and all expenses
incurred by the defendant in defense of any civil action brought by a
plaintiff or criminal action brought by a prosecutor if the court
finds that the defendant is immune from criminal prosecution or civil
action as provided in division (A) of this section. In a criminal
action, any damages awarded under this division shall be paid by the
county or political subdivision that charged the defendant.

Section
2.
That
existing sections 2307.601, 2901.05, and 2901.09 of the Revised Code
are hereby repealed.

Section
3.
This
act shall be known as the Ohio Self-Defense Act.