The Death Penalty in Ohio
How Ohio law treats death penalty, from the state code and official state agencies.
Short answer: Ohio has the death penalty for aggravated murder when at least one listed aggravating circumstance is charged in the indictment and proved beyond a reasonable doubt, such as murder for hire, killing a law enforcement officer, killing a witness, killing a child under 13, killing two or… R.C. 2929.04(A)-(B) (eff. April 12, 2021); R.C. 2949.22 (eff. Nov. 21, 2001)
| Death penalty | Ohio has the death penalty for aggravated murder when at least one listed aggravating circumstance is charged in the indictment and proved beyond a reasonable doubt, such as murder for hire, killing a law enforcement officer, killing a witness, killing a child under 13, killing two or more people, or murder during a kidnapping, rape, aggravated robbery, aggravated burglary, aggravated arson or terrorism. It is not available for an offender under 18 at the time of the offense or one found to have had a serious mental illness at the time. The statute sets the method as lethal injection of a drug or combination of drugs; if lethal injection is held unconstitutional, another method later prescribed by law is used. The Ohio Attorney General's 2025 Capital Crimes Annual Report states that execution dates have been repeatedly postponed by the Governor's reprieves, mainly because of difficulty obtaining lethal-injection drugs (for example, three execution dates were moved to 2029 in January 2026). Method: https://codes.ohio.gov/ohio-revised-code/section-2949.22 ; reprieves: Ohio Attorney General, 2025 Capital Crimes Annual Report, https://www.ohioattorneygeneral.gov/Files/Reports/Capital-Crimes-Annual-Reports/2025-Cap-Crimes-Annual-Report_WEB.aspx |
|---|
More Ohio criminal law
- Felony Theft Amount and Penalties in Ohio
- Self-Defense Laws in Ohio
- Criminal Statutes of Limitations in Ohio
- Bail, Pretrial Release and Public Defenders in Ohio
- Assault Laws in Ohio
- Battery Laws in Ohio
- Domestic Violence Charges in Ohio
- Shoplifting and Petty Theft in Ohio
- Burglary and Robbery in Ohio
- Vandalism Laws in Ohio
- Trespassing Laws in Ohio
- Drug Possession Laws in Ohio
- Hit and Run Laws in Ohio
- Reckless Driving in Ohio
- Harassment and Stalking Laws in Ohio
- Resisting Arrest in Ohio
- Missing a Court Date in Ohio
- Probation Violations in Ohio
- Obstruction of Justice in Ohio
- Perjury Laws in Ohio
- Public Intoxication in Ohio
- Disorderly Conduct in Ohio
- Indecent Exposure in Ohio
- Prostitution and Solicitation Laws in Ohio
- Gambling Laws in Ohio
- Embezzlement Laws in Ohio
- Fraud and Identity Theft in Ohio
- Forgery Laws in Ohio
- Blackmail and Extortion Laws in Ohio
- Murder Laws in Ohio
- Manslaughter Laws in Ohio
- Child Endangerment Laws in Ohio
- Arson Laws in Ohio
- Animal Cruelty Laws in Ohio
- Revenge Porn Laws in Ohio
- Cyberbullying Laws in Ohio
- Money Laundering Laws in Ohio
- Human Trafficking Laws in Ohio
- Jaywalking Laws in Ohio
- Open Container Law in Ohio
- Underage Drinking and Fake ID Laws in Ohio
- Driving on a Suspended License in Ohio
- Driving Without a License in Ohio
- Knife Laws in Ohio
- Fireworks Laws in Ohio
- Kidnapping Laws in Ohio
- Criminal Threats Laws in Ohio
- Car Theft Laws in Ohio
- Receiving Stolen Property in Ohio
- Organized Retail Theft in Ohio
- Drug Trafficking Laws in Ohio
- Prescription Fraud Laws in Ohio
- Vehicular Assault Laws in Ohio
- Street Racing Laws in Ohio
- Boating Under the Influence in Ohio
- Insurance Fraud Laws in Ohio
- Welfare and Unemployment Fraud in Ohio
- Bribery Laws in Ohio
- State Tax Evasion in Ohio
- Sexual Assault Laws in Ohio
- Child Sexual Abuse Laws in Ohio
- Child Sexual Abuse Material Laws in Ohio
- Online Solicitation of a Minor in Ohio
- Sex Offender Registration in Ohio
- Felon in Possession of a Firearm in Ohio
- Computer Crime Laws in Ohio
- Recording Laws in Ohio
- False Police Report Laws in Ohio
- Hate Crime Laws in Ohio
- Parole Violations in Ohio
- Violating a Protective Order in Ohio
- Juveniles Tried as Adults in Ohio
- Voting Rights After a Felony in Ohio
- Restoring Civil Rights After a Felony in Ohio
- Three Strikes and Habitual Offender Laws in Ohio
- Delta-8 and Hemp THC Laws in Ohio
- Psilocybin Laws in Ohio
- Kratom Laws in Ohio
- CBD Laws in Ohio
- Tobacco and Vaping Laws in Ohio
- Elder Abuse Laws in Ohio
- Voyeurism Laws in Ohio
- Assault on a Police Officer in Ohio
- All Ohio criminal law rules
FAQ
Does Ohio have the death penalty?
Ohio has the death penalty for aggravated murder when at least one listed aggravating circumstance is charged in the indictment and proved beyond a reasonable doubt, such as murder for hire, killing a law enforcement officer, killing a witness, killing a child under 13, killing two or more people, or murder during a kidnapping, rape, aggravated robbery, aggravated burglary, aggravated arson or terrorism. It is not available for an offender under 18 at the time of the offense or one found to have had a serious mental illness at the time. The statute sets the method as lethal injection of a drug or combination of drugs; if lethal injection is held unconstitutional, another method later prescribed by law is used. The Ohio Attorney General's 2025 Capital Crimes Annual Report states that execution dates have been repeatedly postponed by the Governor's reprieves, mainly because of difficulty obtaining lethal-injection drugs (for example, three execution dates were moved to 2029 in January 2026).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.