Opinion

State v. Lambert, Unpublished Decision (6-5-1998)

Court: Ohio Court of Appeals
Filed: Jun 5, 1998
Status: Unpublished
On the bench: FREDERICK N. YOUNG, P.J.
Cited by: 0 cases

The opinion

I would sustain the first assignment of error. R.C. 2921.05 (B) states that no person "shall retaliate against the victim of a crime" in the manner and with the motive specified. The conduct that the statute prohibits thus unambiguously requires a wrong committed against the victim. Defendant-appellant threatened to commit such a wrong, but his conduct in making those threats was not a wrong committed against the victim. Absent the conduct prohibited by a criminal statute, there is no liability. R.C. 2901.21 (A).

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