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(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself, herself or another.
(b) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
(c) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon; or
(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.
(d) Whoever violates this section is guilty of resisting arrest. A violation of division (a) of this section is a misdemeanor of the second degree. A violation of division (b) of this section is a misdemeanor of the first degree. A violation of division (c) of this section is a felony to be prosecuted under appropriate state law.
(e) As used in this section, “deadly weapon” has the same meaning as in R.C. § 2923.11.
(R.C. § 2921.33) (Prior Code, § 606.16)
Statutory reference:
Unlawful taking of deadly weapon from law enforcement officer, felony, see R.C. § 2911.01
(a) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
(b) No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.
(c) (1) Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.
(2) A violation of division (a) of this section is a misdemeanor of the first degree.
(3) Except as provided in divisions (c)(4) and (c)(5) of this section, a violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(4) A violation of division (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.
(5) A. A violation of division (b) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:
1. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.
2. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
B. If a police officer pursues an offender who is violating division (b) of this section and division (c)(5)A. of this section applies, the sentencing court, in determining the seriousness of an offender’s conduct for purposes of sentencing the offender for a violation of division (b) of this section, shall consider, along with the factors set forth in R.C. §§ 2929.12 and 2929.13 that are required to be considered, all of the following:
1. The duration of the pursuit;
2. The distance of the pursuit;
3. The rate of speed at which the offender operated the motor vehicle during the pursuit;
4. Whether the offender failed to stop for traffic lights or stop signs during the pursuit;
5. The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;
6. Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;
7. Whether the offender committed a moving violation during the pursuit;
8. The number of moving violations the offender committed during the pursuit;
9. Any other relevant factors indicating that the offender’s conduct is more serious than conduct normally constituting the offense.
(d) In addition to any other sanction imposed for a violation of division (a) of this section, the court shall impose a class five suspension from the range specified in R.C. § 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section or under R.C. § 2921.331 or any other substantially equivalent municipal ordinance, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in R.C. § 4510.02(A)(1). The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in R.C. § 4510.021. No judge shall suspend any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this division.
(e) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Moving violation.” Has the same meaning as in R.C. § 2743.70.
(2) “Police officer.” Has the same meaning as in R.C. § 4511.01.
(R.C. § 2921.331(A) - (C), (E), (F)) (Prior Code, § 606.165)
(a) No public official shall knowingly do any of the following:
(1) Authorize or employ the authority of the public official’s office to secure authorization of any public contract in which the public official, a member of the public official’s family, or any of the public official’s business associates has an interest.
(2) Authorize or employ the authority or influence of the public official’s office to secure the investment of public funds in any share, bond, mortgage or other security with respect to which the public official, a member of the public official’s family or any of the public official’s business associates either has an interest, is an underwriter or receives any brokerage, origination or servicing fees.
(3) During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected.
(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when required by law, and that involves more than $150.
(b) In the absence of bribery or a purpose to defraud, a public official, member of a public official’s family or any of a public official’s business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested.
(2) The shares owned or controlled by that person do not exceed 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 5% of the total indebtedness of the corporation or other organization.
(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person’s exact status in connection with the corporation or other organization.
(c) This section does not apply to a public contract in which a public official, member of a public official’s family, or one of a public official’s business associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved.
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official’s becoming associated with the political subdivision or governmental agency or instrumentality involved.
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions.
(4) The entire transaction is conducted at arm’s length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee’s office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee. This participation does not constitute an unlawful interest in a public contract in violation of this section.
(e) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate state law. Violation of division (a)(3), (a)(4) or (a)(5) of this section is a misdemeanor of the first degree.
(f) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with R.C. §§ 309.06 and 2921.421, or for a chief legal officer of a municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with R.C. §§ 733.621 and 2921.421, or for a township law director appointed under R.C. § 504.15 to appoint assistants and employees in accordance with R.C. §§ 504.151 and 2921.421.
(g) Any public contract in which a public official, a member of the public official’s family or any of the public official’s business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official’s family or any of the public official’s business associates has an interest, is an underwriter or receives any brokerage, origination or servicing fees and that was entered into in violation of this section is void and unenforceable.
(h) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Chief legal officer.” Has the same meaning as in R.C. § 733.621.
(2) “Public contract.” Any of the following:
A. The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the state or any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the state, any of its political subdivisions, or any agency or instrumentality of either.
B. A contract for the design, construction, alteration, repair or maintenance of any public property.
(R.C. § 2921.42) (Prior Code, § 606.17)
(a) No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
(1) Any compensation, other than as allowed by R.C. § 102.03(G), (H), (I) or other provisions of law, to perform the public servant’s official duties, to perform any other act or service in the public servant’s public capacity, for the general performance of the duties of the public servant’s public office or public employment, or as a supplement to the public servant’s public compensation.
(2) Additional or greater fees or costs than are allowed by law to perform the public servant’s official duties.
(b) No public servant for the public servant’s own personal or business use and no person for the person’s own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency.
(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion or other material aspects of employment.
(c) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency.
(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion or other material aspects of employment.
(d) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
(e) A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment or position of trust in this state for a period of seven years from the date of conviction.
(f) Divisions (a), (b) and (c) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.
(R.C. § 2921.43) (Prior Code, § 606.18)
(a) No law enforcement officer shall negligently do any of the following:
(1) Fail to serve a lawful warrant without delay.
(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.
(b) No law enforcement, ministerial or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
(c) No officer, having charge of a detention facility, shall negligently do any of the following:
(1) Allow the detention facility to become littered or unsanitary.
(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention.
(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
(4) Allow a prisoner to escape.
(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.
(d) No public official shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.
(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant’s office, or recklessly do any act expressly forbidden by law with respect to the public servant’s office.
(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
(g) Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under R.C. Chapter 3326; or fiscal officer of a college-preparatory boarding school established under R.C. Chapter 3328 and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
(h) As used in this section, “public servant” includes the following:
(1) An officer or employee of a contractor as defined in R.C. § 9.08;
(2) A fiscal officer employed by the operator of a community school established under R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under R.C. Chapter 3328.
(R.C. § 2921.44) (Prior Code, § 606.19)
(a) No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(R.C. § 2921.45) (Prior Code, § 606.20)
Statutory reference:
Restraining or confining pregnant children or pregnant women, see R.C. § 2152.75(B) and R.C. § 2901.10
(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
(b) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
(c) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
(d) It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(e) (1) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate state law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of R.C. Chapter 3734, other than R.C. § 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate state law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
(2) In addition to any other sanctions imposed pursuant to division (e)(1) of this section for an attempt to commit aggravated murder or murder in violation of division (a) of this section, if the offender used a motor vehicle as the means to attempt to commit the offense, the court shall impose upon the offender a class two suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in R.C. § 4510.02(A)(2).
(3) If a person is convicted of or pleads guilty to attempted rape and also is convicted of or pleads guilty to a specification of the type described in R.C. §§ 2941.1418, 2941.1419, or 2941.1420, the offender shall be sentenced to a prison term or term of life imprisonment pursuant to R.C. § 2971.03.
(f) As used in this section:
(1) “Drug abuse offense” has the same meaning as in R.C. § 2925.01.
(2) “Motor vehicle” has the same meaning as in R.C. § 4501.01.
(R.C. § 2923.02) (Prior Code, § 606.21) (Ord. 149-84, passed 10-22-1984)
(a) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
(1) Solicit or procure another to commit the offense;
(2) Aid or abet another in committing the offense;
(3) Conspire with another to commit the offense in violation of R.C. § 2923.01;
(4) Cause an innocent or irresponsible person to commit the offense.
(b) It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
(c) No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of R.C. § 2923.02 or a substantially equivalent municipal ordinance.
(d) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with R.C. § 2923.03(D).
(e) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(f) Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(R.C. § 2923.03) (Prior Code, § 606.22)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Archival institution.” Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(2) “Audiovisual recording function” and “facility.” Have the same meaning as in R.C. § 2913.07.
(3) “Museum.” Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
(4) “Pretrial diversion program.” Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
(b) A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
(c) Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (c)(2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has:
(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or
(2) With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
(d) An officer, agent or employee of a library, museum or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
(1) To recover the property that is the subject of the unlawful taking, criminal mischief or theft;
(2) To cause an arrest to be made by a peace officer;
(3) To obtain a warrant of arrest;
(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
(e) The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. § 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
(f) The officer, agent or employee of the library, museum or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
(g) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (c)(2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. § 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(R.C. § 2935.041) (Prior Code, § 606.23)
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