State v. Kent, 949 N.E.2d 603

This case involves a motion to dismiss based on statutory interpretation of R.C. 2925.56(C) and related criminal liability rules.
The Ohio statute at issue prohibits unlawful sales of pseudoephedrine, with subparts A, B, and C addressing quantity, age, and log-book requirements.
Defendant is an employee of a retailer/terminal distributor, responsible for maintaining the log book.
The State argues employee liability under R.C. 2901.24 for offenses committed by an organization.
The defense argues employees are excluded from subsection C of R.C. 2925.56, despite being included in subsections A and B.
The court emphasizes the plain language of the statute and the omission of 'employee' from subsection C.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an employee may be charged under R.C. 2925.56(C).	Kent, as employee, failed to maintain the log book; supports corporate liability.	Subsection C omits employees; liability limited to retailers/terminal distributors.	Employee excluded; dismissal granted.
Whether R.C. 2901.24 can authorize employee liability for the organization’s offense under 2925.56(C).	Generally allows prosecuting an employee for organizational offenses.	Statutory text limited to retailers/terminal distributors for subsection C.	Not applicable to subsection C; cannot compel liability for employee.

Linner v. State, 77 Ohio Misc.2d 22, 665 N.E.2d 1180 (Ohio Misc. 1996) (statutory language must be given effect; cannot ignore plain terms)
Morgan v. Ohio Adult Parole Auth., 68 Ohio St.3d 344, 626 N.E.2d 939 (Ohio 1994) (plain and unambiguous language must be given effect)
Strong v. Killbuck Valley Mosquito Abatement Sanitary Dist., 108 Ohio App.3d 441, 670 N.E.2d 1085 (Ohio App. 1996) (plain language must be respected and not ignored in interpretation)
Jacobs v. Jacobs, 102 Ohio App.3d 568, 657 N.E.2d 580 (Ohio App. 1995) (effect must be given to words utilized in statute)