State v. McGee

In State v. McGee (1997), 79 Ohio St.3d 193, 1997 Ohio 156, 680 N.E.2d 975, the defendant was charged with child endangering in violation of R.C. 2919.22(A). At her bench trial, the defendant moved for a judgment of acquittal on the basis that the indictment did not allege and the evidence did not show recklessness, which, she argued, was an essential element of child endangering under R.C. 2919.22(A). The trial court denied the motion holding that negligence, not recklessness, was the culpable mental state under R.C. 2919.22(A). The appellate court affirmed finding that negligence was the culpable mental state described in R.C. 2919.22(A) and that there was sufficient evidence before the court to meet the negligence standard. The Ohio Supreme Court reversed the defendant's conviction and remanded the case. It held that recklessness is an essential element of the crime of endangering children pursuant to R.C. 2919.22(A) and the trial court did not find that the appellant acted recklessly. McGee, 79 Ohio St.3d at 195.