636.05 MENACING.

   (a)   No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.  In addition to any other basis for the other person's belief that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediately family, the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.

   (b)   Whoever violates this section is guilty of menacing.  Except as otherwise provided in this subsection (b), menacing is a misdemeanor of the fourth degree.  If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing is a felony and shall be prosecuted under appropriate State law.

   (c)   As used in this section, "organization" includes an entity that is a governmental employer.  (ORC 2903.22)

636.06 UNLAWFUL RESTRAINT.

   (a)   No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty.

   (b)   No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty.

   (c)   Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. 

636.07 CHILD STEALING.

   (EDITOR’S NOTE: Section 636.07 was repealed as part of the 2002 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 2905.04) was repealed by the Ohio General Assembly by Am.  S.B. No.  2, effective July 1, 1996.)

636.075 RESERVED.

   (Editor’s note: This section was formerly 537.17 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C.  2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).)

636.08 COERCION.

   (a)   No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:

      (1)   Threaten to commit any offense;

      (2)   Utter or threaten any calumny against any person;

      (3)   Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit;

      (4)   Institute or threaten criminal proceedings against any person;

      (5)   Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.

   (b)   Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice:

      (1)   Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44;

      (2)   In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;

      (3)   Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.

   (c)   It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following:

      (1)   Compelling another to refrain from misconduct or to desist from further misconduct;

      (2)   Preventing or redressing a wrong or injustice;

      (3)   Preventing another from taking action for which the actor reasonably believed the other person to be disqualified;

      (4)   Compelling another to take action that the actor reasonably believed the other person to be under a duty to take.

   (d)   Whoever violates this section is guilty of coercion, a misdemeanor of the first degree.

   (e)   As used in this section:

      (1)   "Threat" includes a direct threat and a threat by innuendo.

      (2)   “Community control sanction” has the same meaning as in Ohio R.C. 2929.01.  (ORC 2905.12)

636.09 NONSUPPORT OF DEPENDENTS.

   (a)    No person shall abandon or fail to provide adequate support to:

      (1)    His or her spouse, as required by law;

      (2)    His or her legitimate or illegitimate child who is under age eighteen, or mentally or physically handicapped child who is under age twenty-one;

      (3)    His or her aged or infirm parent or adopted parent, who from lack of ability and means is unable to provide adequately for his or her own support;

      (4)    Any person whom by law or by court order or decree, the offender is legally obligated to support.

   (b)   No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the Juvenile Court becoming a dependent child, as defined in Ohio R.C. 2151.04, or a neglected child, as defined in Ohio R.C. 2151.03.

   (c)    It is an affirmative defense to a charge under subsection (a) hereof, of failure to provide adequate support, that the accused was unable to provide adequate support, but did provide such support as was within his or her ability and means.

   (d)   It is an affirmative defense to a charge under paragraph (a)(3) hereof that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen or was mentally or physically handicapped and under age twenty-one.

   (e)    Whoever violates subsection (a) hereof is guilty of nonsupport of dependents, a misdemeanor of the first degree, provided the offender has not previously been convicted of or pleaded guilty to a violation of paragraph (a)(2) hereof and provided there has not been a court finding that the offender has failed to provide support under paragraph (a)(2) hereof for a total accumulated period of twenty-six weeks out of 104 consecutive weeks, whether or not the twenty-six weeks were consecutive. The penalty shall be as provided in Section 698.02. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child, as required by a child support order issued on or after April 15, 1985, pursuant to Ohio R.C. 2151.23, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31 or 3115.22, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of any adverse party other than the State, as determined by the Court, that arose in relation to the charge.

   (f)    Whoever violates subsection (b) hereof is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.

(ORC 2919.21)