Loading...
(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false;
(2) Threatening to commit any offense of violence; or
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
(B) Division (A)(1) above does not apply to any person conducting an authorized fire or emergency drill.
(C) (1) Whoever violates this section is guilty of inducing panic.
(2) Except as otherwise provided in division (C)(3) below, inducing panic is a misdemeanor of the first degree.
(3) If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (A)(1) above is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.
(D) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or this code of ordinances may be prosecuted under this section, the other section or both sections.
(E) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIOLOGICAL AGENT. Has the same meaning as in Ohio R.C. 2917.33.
ECONOMIC HARM. Any of the following:
(a) All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct.
ECONOMIC HARM, as described in this division, includes, but is not limited to, all of the following:
1. All wages, salaries or other compensation lost as a result of the criminal conduct;
2. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
3. The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct; and
4. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Ohio R.C. 2917.32, or any substantially equivalent municipal ordinance, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel or emergency medical services personnel of the state or the political subdivision.
EMERGENCY MEDICAL SERVICES PERSONNEL. Has the same meaning as in Ohio R.C. 2133.21.
INSTITUTION OF HIGHER EDUCATION. Any of the following:
(a) A state university or college as defined in Ohio R.C. 3345.12(A)(1), community college, state community college, university branch or technical college;
(b) A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Chancellor of Higher Education pursuant to R.C. Chapter 1713; or
(c) A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools pursuant to Ohio R.C. Ch. 3332.
SCHOOL. Any school operated by a board of education or any school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities or training provided by the school is being conducted at the time a violation of this section is committed.
WEAPON OF MASS DESTRUCTION. Any of the following:
(a) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination or impact of toxic or poisonous chemicals or other precursors;
(b) Any weapon involving a disease organism or biological agent;
(c) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4) and regulations issued under that section:
1. Any explosive, incendiary or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or similar device;
2. Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (d)1. of this definition and from which an item or device described in that division may be readily assembled.
(ORC 2917.31)
(A) No person shall do any of the following:
(1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property; or
(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that the offense did not occur;
(4) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to impede the operation of a critical infrastructure facility.
(B) This section does not apply to any person conducting an authorized fire or emergency drill.
(C) Whoever violates this section is guilty of making false alarms. Except as otherwise provided in this division (C), making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of $1,000 or more, making false alarms is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, making false alarms is a felony to be prosecuted under appropriate state law.
(D) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or theis code of ordinances may be prosecuted under this section, the other section or both sections.
(E) As used in this section:
CRITICAL INFRASTRUCTURE FACILITY. Has the same meaning as in R.C. § 2911.21.
ECONOMIC HARM and WEAPON OF MASS DESTRUCTION. Have the same meaning as in R.C. § 2917.31.
(R.C. § 2917.32)
(A) No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(B) Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
(1) The flight of a person upon the appearance of a police officer;
(2) Attempted concealment by a person upon the appearance of a police officer; and
(3) The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(C) Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOITERING. Lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
PRIVATE PLACE. Places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
PUBLIC PLACE. Public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and municipal airports.
SURROUNDING AREA. That area easily and immediately accessible to the person under observation.
(E) Whoever violates this section is guilty of a minor misdemeanor.
Loading...