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   (EDITOR’S NOTE: Section 636.07 was repealed as part of the 2002 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 2905.04) was repealed by the Ohio General Assembly by Am.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)

636.10 SUSPENSION OF SENTENCE ON POSTING BOND. (REPEALED)

   (EDITOR'S NOTE: Section 636.10 was repealed as part of the 1986 updating and revision of these Codified Ordinances.)

636.11 ENDANGERING CHILDREN.

   (a)   No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support.  It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

   (b)   No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.

   (c)   (1)   No person shall operate a vehicle in violation of Section 434.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle.  Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 434.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof.  For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.

      (2)   As used in subsection (c) hereof:

         A.   “Controlled substance” has the same meaning as in Ohio R.C. 3719.01.

         B.   "Vehicle" has the same meaning as in Ohio R.C. 4511.01.

   (d)   Whoever violates this section is guilty of endangering children.

      (1)   Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree.  If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law.

      (2)   Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree.  Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies:

         A.   The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child.

         B.   The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section.

      (3)   In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d).

   (e)   (1)   If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations.

      (2)   A.   If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 434.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply:

            1.   For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 434.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 434.01(a) of the Traffic Code.

            2.   For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code.

         B.   If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 434.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 434.01(a) of the Traffic Code.

            (ORC 2919.22)

636.12 INTERFERENCE WITH CUSTODY.

   (a)    No person, knowing he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from his or her parent, guardian or custodian:

      (1)   A child under the age of eighteen or a mentally or physically handicapped child under the age of twenty-one;

      (2)   A person committed by law to an institution for delinquent, unruly, neglected or dependent children;

      (3)   A person committed by law to an institution for the mentally ill or mentally retarded.

   (b)    No person shall aid, abet, induce, cause or encourage a child or a ward of the Juvenile Court who has been committed to the custody of any person, department or public or private institution to leave the custody of that person, department or institution without legal consent.

   (c)    It is an affirmative defense to a charge of enticing or taking under paragraph (a)(1) hereof that the actor reasonably believed that his or her conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under subsection (a) hereof that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection or influence. (ORC 2919.23)

   (d)    Whoever violates any of the provisions of this section is guilty of interference with custody, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. If the child who is the subject of a violation of paragraph (a)(1) hereof is kept or harbored in a foreign country, a violation of paragraph (a)(1) hereof is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 2919.23(D)(2). A separate offense shall be deemed committed each day during or on which a violation of this section occurs or continues.

636.125 CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD.

   (a)   As used in this section:

      (1)   “Delinquent child” has the same meaning as in Ohio R.C. 2152.02.

      (2)   “Unruly child” has the same meaning as in Ohio R.C. 2151.022.

   (b)   No person, including a parent, guardian or other custodian of a child, shall do any of the following:

      (1)   Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;

      (2)   Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;

      (3)   Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant;

      (4)   If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950.

   (c)   Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree.  Each day of violation of this section is a separate offense. 

(ORC 2919.24)