[Cite as State v. Chappell, 127 Ohio St.3d 376, 2010-Ohio-5991.] 

THE STATE OF OHIO, APPELLANT, v. CHAPPELL, APPELLEE.

[Cite as State v. Chappell, 127 Ohio St.3d 376, 2010-Ohio-5991.] 

Criminal law — Possession of criminal tools — R.C. 2923.24(A) — Meaning of 

phrase “with purpose to use [substance, device, instrument, or article] 

criminally” — Purpose to use item criminally can arise from intended 

violation of federal as well as Ohio law. 

(No. 2009-2131 — Submitted September 28, 2010 — Decided 

December 15, 2010.) 

APPEAL from the Court of Appeals for Cuyahoga County, 

No. 92455, 2009-Ohio-5371. 

__________________ 

SYLLABUS OF THE COURT

In accordance with the plain and ordinary meaning of the term “criminally,” as 

the term is used in R.C. 2923.24(A), the purpose to use an item criminally 

can arise from an intended violation of federal law. 

__________________ 

O’CONNOR, J. 

{¶ 1} This appeal involves the construction of the term “criminally” in 

R.C. 2923.24(A), which proscribes the possession of criminal tools, i.e., the 

possession of “any substance, device, instrument, or article, with purpose to use it 

criminally.” Appellant, the state of Ohio, asserts that the plain meaning of the 

word “criminally” embraces all criminal purposes, including the purpose to 

violate federal as well as state or municipal law. 1

 

1. With regard to the state’s assertion that the intent to use an item criminally under R.C. 2923.24 

can arise from an intended violation of municipal law, the state did not raise this argument in the 

courts below. Moreover, this case involves an alleged intended violation of federal law only, not 

municipal law, and the Eighth District’s holding addressed only violations of federal law. Thus, 
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{¶ 2} Conversely, appellee, Welton Chappell, contends that the state 

cannot use intended violations of federal criminal statutes or municipal ordinances 

to prove that the defendant intended to use the item “criminally.” Chappell 

maintains that the purpose to use must be limited to offenses defined in the Ohio 

Revised Code and that the state lacks jurisdiction to prosecute a defendant under a 

federal statute. 

{¶ 3} We hold that, in accordance with the plain and ordinary meaning 

of the term “criminally,” as the term is used in R.C. 2923.24, the purpose to use 

an item criminally can arise from an intended violation of federal law. We 

therefore reverse the judgment of the court of appeals and remand this matter to 

the trial court for further proceedings consistent with this court’s opinion. 

Relevant Background

{¶ 4} Chappell was indicted on two counts of criminal simulation in 

violation of R.C. 2913.32, one count of receiving stolen property in violation of 

R.C. 2913.51, and one count of possessing criminal tools in violation of R.C. 

2923.24. The charges arose after police found in excess of 1,000 bootleg DVDs 

and CDs, other “sleeves,” computers, a laptop computer, and other items in 

Chappell’s vehicle while executing a search warrant. 

{¶ 5} The matter proceeded to trial, and after granting Chappell’s motion 

for acquittal on the receiving-stolen-property count, the trial court declared a 

mistrial on the remaining counts after the jury was unable to reach a verdict. 

 

there is no actual controversy related to an intended violation of municipal law. Our duty is 

limited to determining whether the intent to use an item criminally under R.C. 2923.24 can arise 

from an intended violation of federal law. This conclusion is consistent with our duty not to issue 

advisory opinions as well as “ ‘the cardinal principle of judicial restraint--if it is not necessary to 

decide more, it is necessary not to decide more.’ ” State ex rel. LetOhioVote.org v. Brunner, 123 

Ohio St.3d 322, 2009-Ohio-4900, 916 N.E.2d 462, ¶ 51, quoting PDK Laboratories, Inc. v. United 

States Drug Enforcement Adm. (C.A.D.C.2004), 362 F.3d 786, 799 (Roberts, J., concurring in part 

and in judgment). We therefore decline to address this portion of the state’s proposition. 
January Term, 2010 

3

Chappell subsequently moved to dismiss the indictment, and the trial court 

dismissed all of the charges with the exception of possessing criminal tools. 

{¶ 6} Chappell also moved for a supplemental bill of particulars, 

requesting that the state identify the specific statute that Chappell intended to 

violate with the criminal tools. The state supplemented its bill of particulars and 

advised that it intended to introduce evidence that the underlying felony was 

Chappell’s purpose to violate federal copyright law under Section 506, Title 17, 

U.S.Code. Chappell moved to dismiss the criminal-tools count on the grounds 

that (1) the indictment did not charge him with violating the federal statute, (2) 

only a defendant’s purpose to violate an offense defined in the Ohio Revised 

Code can support a charge of possessing criminal tools, and (3) federal copyright 

laws expressly preempt any state statutes on the same subject. 

{¶ 7} The trial court conducted a hearing on the motion and rejected 

Chappell’s arguments pertaining to the specificity of the indictment and 

preemption. The trial court, however, found Chappell’s remaining argument to be 

persuasive and held that the purpose to use an item criminally must come from an 

intended violation of state law, not federal law. The trial court then granted 

Chappell’s motion to dismiss the charge of possessing criminal tools. 

{¶ 8} The state appealed, and the Eighth District Court of Appeals 

affirmed. State v. Chappell, 8th Dist. No. 92455, 2009-Ohio-5371. Relying on 

R.C. 2901.03(A) and 2901.04(A), the appellate court found that “prosecution 

under Ohio law must emanate from violations of offenses defined in the Revised 

Code.” Id. at ¶ 9. Because violating federal copyright law is not defined as an 

offense in the Revised Code, the court of appeals held that the purpose to violate 

federal copyright law cannot be prosecuted by the state. 

{¶ 9} The case is now before us on our acceptance of a discretionary 

appeal to determine whether the state may use violations of federal criminal law 

to prove that a person possesses items to use the items criminally in violation of 
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R.C. 2923.24. State v. Chappell, 124 Ohio St.3d 1473, 2010-Ohio-354, 921 

N.E.2d 245. 

Analysis 

{¶ 10} R.C. 2923.24 defines the offense of possessing criminal tools and 

provides: 

{¶ 11} “No person shall possess or have under the person’s control any 

substance, device, instrument, or article, with purpose to use it criminally. 

{¶ 12} “* * * 

{¶ 13} “(C) Whoever violates this section is guilty of possessing criminal 

tools. Except as otherwise provided in this division, possessing criminal tools is a 

misdemeanor of the first degree. If the circumstances indicate that the substance, 

device, instrument, or article involved in the offense was intended for use in the 

commission of a felony, possessing criminal tools is a felony of the fifth degree.” 

{¶ 14} The inquiry herein turns on the construction of the term 

“criminally” in the phrase “with purpose to use it criminally,” as set forth in R.C. 

2923.24(A). 

{¶ 15} The state advances an expansive definition, contending that the 

plain and ordinary meaning of “criminally” includes any social harm that the law 

makes punishable, which encompasses intended violations of federal as well as 

state law. Conversely, Chappell urges this court to adopt a more restrictive 

construction, limiting the term to violations of offenses defined in the Ohio 

Revised Code. 

{¶ 16} The primary goal in construing a statute is to ascertain and give 

effect to the intent of the legislature. State v. Hairston, 101 Ohio St.3d 308, 2004-

Ohio-969, 804 N.E.2d 471, ¶ 11. In interpreting a statute, this court has held that 

“the intent of the law-makers is to be sought first of all in the language employed, 

and if the words be free from ambiguity and doubt, and express plainly, clearly 

and distinctly, the sense of the law-making body, there is no occasion to resort to 
January Term, 2010 

5

other means of interpretation.” Slingluff v. Weaver (1902), 66 Ohio St. 621, 64 

N.E. 574, paragraph two of the syllabus. Where the meaning of the statute is 

clear and definite, it must be applied as written. Bailey v. Republic Engineered 

Steels, Inc. (2001), 91 Ohio St.3d 38, 40, 741 N.E.2d 121. However, where the 

words are ambiguous and are subject to varying interpretations, further 

interpretation is necessary. Id. 

{¶ 17} The term “criminally” is not defined in the statute. Therefore, it 

must be given its plain and ordinary meaning. State v. Anthony, 96 Ohio St.3d 

173, 2002-Ohio-4008, 772 N.E.2d 1167, ¶ 11, quoting Sharp v. Union Carbide 

Corp. (1988), 38 Ohio St.3d 69, 70, 525 N.E.2d 1386; R.C. 1.42. 

{¶ 18} The term “criminally” has varying definitions, including (1) 

according to criminal law, (2) in a criminal manner, i.e., in violation of law, and 

(3) reprehensively, disgracefully, or shamefully. Webster’s Third New 

International Dictionary (1986) 537. The most relevant of the three definitions in 

today’s case are “according to criminal law” and “in a criminal manner, i.e., in 

violation of law.” When either definition of “criminally” is used in the context of 

possessing criminal tools under R.C. 2923.24(A), the statutory language is 

susceptible of only one interpretation: the ordinary meaning of “criminally” is not 

limited to violations of Ohio law and plainly encompasses violations of any law, 

including offenses defined under Ohio law and federal law. If the legislature had 

intended the narrow view advocated by Chappell, it could have so provided in 

R.C. 2923.24 by expressly stating that the tools must be possessed with the 

purpose to use them “in violation of Ohio law” or “criminally in violation of Ohio 

law” or “in violation of a criminal offense against the state.” But the General 

Assembly did not do so. Because the language set forth by the General Assembly 

is clear and definite, we must apply it as written and hold that “criminally,” as it is 

used in R.C. 2923.24, encompasses violations of all law, including federal law. 
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{¶ 19} This result is not inconsistent with R.C. 2901.03(A) and 

2901.04(A) and (D), as Chappell contends and the court of appeals found. R.C. 

2901.03 provides: 

{¶ 20} “(A) No conduct constitutes a criminal offense against the state 

unless it is defined as an offense in the Revised Code. 

{¶ 21} “(B) An offense is defined when one or more sections of the 

Revised Code state a positive prohibition or enjoin a specific duty, and provide a 

penalty for violation of such prohibition or failure to meet such duty.” 

{¶ 22} The offense for which Chappell is being prosecuted is possessing 

criminal tools, which R.C. 2923.24 “define[s] as an offense” within the meaning 

of R.C. 2901.03(A). R.C. 2923.24(B) also states “a positive prohibition” within 

the meaning of R.C. 2901.03(B). Finally, R.C. 2923.24(C) provides a penalty for 

violating the prohibition by classifying the offense as either a misdemeanor of the 

first degree or a felony of the fifth degree, depending on the facts. The state is not 

prosecuting Chappell for violating federal copyright law, nor is the state seeking 

to have a penalty imposed against Chappell for violating federal copyright law. 

And the state is not required to prove that Chappell violated federal copyright law 

in order to obtain a conviction against him for possessing criminal tools. Rather, 

the state need only show that his purpose was to violate the law. Thus, the 

conduct for which Chappell is being prosecuted is a criminal offense under the 

Ohio Revised Code in accordance with R.C. 2901.03. 

{¶ 23} Any reliance on R.C. 2901.04(A) is also misplaced. R.C. 

2901.04(A) states that “[e]xcept as otherwise provided in division (C) or (D) of 

this section, sections of the Revised Code defining offenses or penalties shall be 

strictly construed against the state, and liberally construed in favor of the 

accused.” (Emphasis added.) Division (D) states, “Any provision of the Revised 

Code that refers to a section, or to a division of a section, of the Revised Code that 

defines or specifies a criminal offense shall be construed to also refer to an 
January Term, 2010 

7

existing or former law of this state, another state, or the United States, to an 

existing or former municipal ordinance, or to an existing or former division of any 

such existing or former law or ordinance that defines or specifies, or that defined 

or specified, a substantially equivalent offense.” 

{¶ 24} Chappell’s emphasis on the directive in division (A) that sections 

of the Revised Code defining offenses shall be strictly construed against the state 

discounts the entirety of the legislature’s directives in R.C. 2901.04(A) and (D). 

R.C. 2901.04(A) is plainly modified by division (D), which was enacted as an 

exception to (A) and to provide a rule for interpreting statutory references that 

define or specify a criminal offense. See Am.Sub.S.B. No. 146, 150 Ohio Laws, 

Part V, 7787-7788 (modifying division (A) of R.C. 2901.04 by adding the phrase 

“or (D)” to the phrase “Except as otherwise provided in division (C) of this 

section” and enacting new division (D)). R.C. 2901.03 is a provision of the 

Revised Code that refers to sections of the Revised Code that define or specify 

criminal offenses. Pursuant to R.C. 2901.04(D), a provision such as R.C. 2901.03 

that defines a criminal offense shall be construed as referring to existing or former 

laws of this state, another state, the United States, or municipalities. 

{¶ 25} R.C. 2901.03 and 2901.04 are related and thus must be read in pari 

materia. Maxfield v. Brooks (1924), 110 Ohio St. 566, 144 N.E. 725, paragraph 

two of the syllabus. In reading statutes in pari materia, this court must give a 

reasonable construction that provides the proper effect to each statute. Id. All 

provisions of the Revised Code bearing upon the same subject matter should be 

construed harmoniously unless they are irreconcilable. Couts v. Rose (1950), 152 

Ohio St. 458, 461, 40 O.O. 482, 90 N.E.2d 139. The only harmonious 

construction of the statutes is the one advanced by the state, i.e., that R.C. 

2901.04(D) expands the definition of criminal offenses in certain circumstances. 

Therefore, neither R.C. 2901.03 nor 2901.04 contradicts our determination that 

the term “criminally” in R.C. 2923.24 is not limited to violations of offenses 
SUPREME COURT OF OHIO

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defined in the Ohio Revised Code. Rather, these statutes lend further credence to 

our holding. 

{¶ 26} Chappell also argues that he was never indicted by the grand jury 

for intending to violate federal copyright law and that the state lacks jurisdiction 

to prosecute him under federal copyright laws that preempt any state-law action. 

The trial court rejected both of these arguments, and Chappell did not appeal 

those aspects of the trial court’s decision. Nor were these issues addressed by the 

court of appeals, and Chappell did not seek this court’s discretionary jurisdiction 

over these issues. Accordingly, Chappell’s arguments are not properly before this 

court, and we will not consider them. Niskanen v. Giant Eagle, Inc., 122 Ohio 

St.3d 486, 2009-Ohio-3626, 912 N.E.2d 595, ¶ 34. 

Conclusion

{¶ 27} For the foregoing reasons, we hold that, in accordance with the 

plain and ordinary meaning of the term “criminally,” as the term is used in R.C. 

2923.24(A), the purpose to use an item criminally can arise from an intended 

violation of federal law. 

{¶ 28} Accordingly, we reverse the judgment of the court of appeals and 

remand this matter to the trial court for further proceedings consistent with this 

opinion. 

Judgment reversed 

and cause remanded. 

 LUNDBERG STRATTON, O’DONNELL, LANZINGER, and CUPP, JJ., concur. 

 BROWN, C.J., and PFEIFER, J., dissent. 

__________________ 

 BROWN, C.J., dissenting. 

{¶ 29} The majority concludes that the language of R.C. 2923.24(A) is 

unambiguous and that the ordinary meaning of “criminally” is “in a criminal 

manner, i.e., in violation of law.” Based upon that broad definition of 
January Term, 2010 

9

“criminally,” the majority holds that a charge of possessing criminal tools may be 

based on the use of criminal tools with the intent to violate federal law. The term 

“criminally” as used in R.C. 2923.24 is not defined explicitly in the Ohio Revised 

Code. I concede that the term could be defined as the majority suggests if the 

definition could be properly applied without reference to other relevant statutory 

provisions. But terms used in statutes cannot be defined in a vacuum, divorced 

from their relevant statutory context. 

{¶ 30} R.C. 2901.03(A) abrogated all common-law offenses and 

established that only statutorily defined conduct may be found to be criminal in 

Ohio. R.C. 2901.03(A) provides, “No conduct constitutes a criminal offense 

against the state unless it is defined as an offense in the Revised Code.” The 

majority’s definition does not take into account that the General Assembly has 

expressed its intent as to what constitutes a crime under Ohio law. Rather than 

defining the adverb “criminally” to correspond with the General Assembly’s 

definition of “criminal offense,” the majority unnecessarily expands the definition 

of “criminally” to include violations of any law.2

 

{¶ 31} R.C. 2923.24(C) provides further support for the conclusion that 

the General Assembly intended “criminally” to be defined in accordance with 

R.C. 2901.03. R.C. 2923.24(C) provides, “Whoever violates this section is guilty 

of possessing criminal tools. Except as otherwise provided in this division, 

possessing criminal tools is a misdemeanor of the first degree. If the 

circumstances indicate that the substance, device, instrument, or article involved 

 

2. Although the majority contends that its analysis addresses only the issue whether a criminaltools charge can arise from an intended violation of federal law, nothing in its analysis supports 

such a limitation. See majority opinion at ¶ 1, fn. 1. In fact, the majority holds, “[T]he statutory 

language [of R.C. 2923.24(A)] is susceptible of only one interpretation: the ordinary meaning of 

‘criminally’ is not limited to violations of Ohio law and plainly encompasses violation of any law, 

including offenses defined under Ohio law and federal law.” (Emphasis sic.) Majority opinion at 

¶ 18. Therefore, the majority’s analysis and definition of “criminally” are so broad as to include 

intended violations of municipal ordinances, the laws of other states, and the laws of foreign 

jurisdictions. 
SUPREME COURT OF OHIO

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in the offense was intended for use in the commission of a felony, possessing 

criminal tools is a felony of the fifth degree.” (Emphasis added.) 

{¶ 32} For the purposes of the Revised Code, R.C. 2901.02 classifies 

offenses into categories and limits the category of “felony” to the following: (1) 

aggravated murder and murder as defined in the Revised Code, (2) any offense 

specifically classified as a felony in the Revised Code, and (3) any offense in the 

Revised Code not specifically classified as a felony if imprisonment for more than 

one year may be imposed as a penalty. R.C. 2901.02(C), (D), and (E). R.C. 

2923.24(C) clearly frames the offense of possessing criminal tools in the context 

of criminal offenses as classified in the Revised Code. 

{¶ 33} Indeed, if R.C. 2923.24(A) is read so broadly as to include the 

violation of any law, as held by the majority, application of R.C. 2923.24(C) 

produces strange results. R.C. 2923.24(C) and the definition of “felony” in R.C. 

2901.02 mandate that only those criminal-tools convictions that are based upon 

the intent to use tools in the commission of a felony defined in the Revised Code 

may be classified as a felony of the fifth degree. All other criminal-tools offenses, 

presumably including those based upon the intent to use a criminal tool to violate 

the laws of any other jurisdiction, must then be classified as a misdemeanor of the 

first degree. If the General Assembly had intended for a criminal-tools charge to 

be based on the intent to violate the criminal laws of any jurisdiction, as the 

majority holds, why would the offense be treated differently based solely upon 

whether the underlying offense is an Ohio offense or an offense under the law of 

some other jurisdiction? 

{¶ 34} Finally, general rules of statutory construction of criminal statutes 

weigh in favor of a narrower definition of “criminally.” R.C. 2901.04(A) requires 

that sections of the Revised Code that define offenses be construed strictly against 

the state and liberally in favor of the accused. In light of the other statutory 

provisions that support a definition of the term “criminally” as the commission of 
January Term, 2010 

11

a criminal offense defined in the Revised Code, application of R.C. 2901.04(A) 

requires that this court adopt the narrower definition of “criminally” propounded 

by the trial court and the court of appeals. State v. Chappell, 8th Dist. No. 93298, 

2010-Ohio-2465. 

{¶ 35} The majority’s reliance upon R.C. 2901.04(D) to justify its 

disregard for R.C. 2901.04(A) and its conclusion that a violation of any law may 

support a conviction of possessing criminal tools is unavailing. The majority is 

correct that R.C. 2901.04(D) sets forth an exception to the directive contained in 

R.C. 2901.04(A). But that exception is irrelevant to the issues before the court in 

this case. The plain language of R.C. 2901.04(D) demonstrates that the exception 

applies only when a provision of the Revised Code refers specifically to “a 

section, or to a division of a section, of the Revised Code” that defines or 

specifies a criminal offense. (Emphasis added.) R.C. 2923.24 contains no 

specific reference to a section or division of a section of the Revised Code, and 

R.C. 2901.04(D) cannot be used in this case to negate the requirement that the 

definitions of criminal offenses be construed strictly against the state and liberally 

in favor of the accused. 

{¶ 36} The majority’s convoluted interpretation of R.C. 2901.04(D) also 

disregards the plain language of R.C. 2901.03(A). Despite the fact that R.C. 

2901.03(A) unambiguously provides that “[n]o conduct constitutes a criminal 

offense against the state unless it is defined as an offense in the Revised Code,” 

the majority attempts to use R.C. 2901.04(D) to expand the definition of a crime 

to include violations of existing or former laws of this state, other states, the 

United States, and municipalities. Such an interpretation renders the actual 

language of R.C. 2901.03(A) meaningless and thwarts the clearly expressed intent 

of the General Assembly. 

{¶ 37} Perhaps more troubling than the majority’s disregard for the plain 

language of the relevant statutory provisions is the majority’s encroachment on 
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the jurisdiction of the federal courts. It is undisputed that Ohio courts lack 

jurisdiction over federal criminal prosecutions and the enforcement of federal 

criminal laws. Yet the majority’s holding poises Ohio courts to encroach upon 

the federal arena in cases involving Ohio defendants charged with possessing 

criminal tools. 

{¶ 38} The facts of the case before us present just one example of how a 

state court prosecution for possessing criminal tools based upon an intended 

violation of federal law may include improper forays into issues of federal law. 

In order to prove that Chappell committed the offense of possessing criminal 

tools, the state must prove that his purpose in using the tools at issue was to 

violate federal copyright law. In few cases will the state be presented with a neat 

confession from such a defendant that it was his purpose to violate federal 

copyright law or that it was his purpose to violate Section 506, Title 17, 

U.S.Code. Instead, the state will be presented with direct or circumstantial 

evidence that a defendant, for example, intended to copy and sell a DVD or other 

copyrighted work, as in this case. It will then fall to the state to demonstrate to 

the trier of fact that those specific actions of the defendant constitute a crime 

under Section 506, Title 17, U.S.Code. In doing so, the state will be put in the 

position of presenting a federal criminal case to a state jury or judge, and when a 

jury is involved, the state court will be instructing the jury on federal criminal 

law, all in the pursuit of trying an Ohio defendant for an Ohio offense. In 

resolving inevitable disputes regarding whether the underlying actions of the 

defendant constitute a federal crime, state courts will be called upon to interpret 

and apply federal criminal law. 

{¶ 39} This court and other Ohio courts have no authority or expertise in 

federal criminal law. Therefore, this court ought to avoid an interpretation of 

R.C. 2923.24 that entangles Ohio courts in matters intended for federal courts, 
January Term, 2010 

13

particularly when the statutory language can clearly be interpreted to avoid such a 

result. 

{¶ 40} Based upon the language of R.C. 2901.03(A), 2923.24(C), and 

2901.02, I cannot conclude that the General Assembly intended the term 

“criminally” to be afforded the expansive dictionary definition adopted by the 

majority. “Criminally” must be defined in conjunction with other provisions of 

the Revised Code and limited strictly to conduct that constitutes a criminal 

offense against the state as defined in the Revised Code. Any other definition 

leads to absurd results that improperly expand the jurisdiction of Ohio’s courts. 

Accordingly, I dissent. 

 PFEIFER, J., concurs in the foregoing opinion. 

__________________ 

 William D. Mason, Cuyahoga County Prosecuting Attorney, and Thorin 

Freeman, Assistant Prosecuting Attorney, for appellant. 

Joseph T. McGinness, for appellee. 

 Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, 

and Emily S. Schlesinger, Deputy Solicitor, urging reversal for amicus curiae, 

Ohio Attorney General. 

______________________