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)

636.13 TELECOMMUNICATION HARASSMENT.

   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following:

      (1)   Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;

      (2)   Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;

      (3)   During the telecommunication, violates Ohio R.C. 2903.21;

      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;

      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises.

      (6)   Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient;

      (7)   Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;

      (8)   Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person's telephone service or electronic communication device;

      (9)   Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;

      (10)   Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;

      (11)   Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.

   (b)   (1)   No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.

      (2)   No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.

   (c)   (1)   Whoever violates this section is guilty of telecommunication harassment.

      (2)   A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense.  Each subsequent offense is a felony and shall be prosecuted under appropriate State law.

      (3)   Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense.  For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law.

   (d)   No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.  A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.

   (e)   (1)   This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.  In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.

      (2)   Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.

      (3)   Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.

      (4)   A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code.  Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.

   (f)   Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person's employment in that capacity or the person's contractual authority in that capacity.

   (g)   As used in this section:

      (1)   "Economic harm" means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct.  "Economic harm" includes, but is not limited to, all of the following:

         A.   All wages, salaries, or other compensation lost as a result of the criminal conduct;

         B.   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;

         C.   The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

         D.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

      (2)   "Caller" means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person's control.

      (3)   "Telecommunication" and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.

      (4)   "Sexual activity" has the same meaning as in Ohio R.C. 2907.01.

      (5)   "Family or household member" means any of the following:

         A.   Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed:

            1.   A spouse, a person living as a spouse, or a former spouse of the recipient;

            2.   A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;

            3..   A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.

         B.   The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent.

      (6)   "Person living as a spouse" means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.

      (7)   "Cable operator" has the same meaning as in Ohio R.C. 1332.21.

   (h)   Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the "Fair Debt Collection Practices Act", 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act", 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended.  (ORC 2917.21)

636.14 MISUSE OF 9-1-1 SYSTEM.

   (a)   "9-1-1 system" means a system through which individuals can request emergency service using the telephone number 9-1-1.
  (ORC 128.01)

   (b)   No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. 

   (c)   No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.

   (d)   No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances:

      (1)   For the purpose of the 9-1-1 system;

      (2)   For the purpose of responding to an emergency call to an emergency service provider;

      (3)   In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point;

      (4)   In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages.  The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee.

      (5)   In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee.  The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee.
(ORC 128.32)

   (e)   (1)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree.

      (2)   Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense.  For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. 
(ORC 128.99)

636.15 THREATENING OR HARASSING TELEPHONE CALLS.

   (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 636.15 was derived was repealed by Senate Bill 162, effective September 13, 2010.  See now Section 636.13 “Telecommunication Harassment”.)

636.16 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION.

   (a)   No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:

      (1)   Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection;

      (2)   Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof.  (ORC 3716.11)

   (b)    Whoever violates this section is guilty of a misdemeanor of the first degree. 

(ORC 3716.99(C))

636.17 ABUSING FAMILY.

   No person shall abuse or threaten his family or household or any member thereof.

(Ord. 1973-105.  Passed 9-17-73.)

636.18 DOMESTIC VIOLENCE.

   (a)   No person shall knowingly cause or attempt to cause physical harm to a family or household member.

   (b)   No person shall recklessly cause serious physical harm to a family or household member.

   (c)   No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

   (d)   As used in this section:

      (1)   "Family or household member" means any of the following:

         A.   Any of the following who is residing or has resided with the offender:

            1.   A spouse, a person living as a spouse or a former spouse of the offender;

            2.   A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

            3.   A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender.

         B.   The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

      (2)   "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.

   (e)   Whoever violates this section is guilty of domestic violence.  Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the fourth degree and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree.  If the offender previously has pleaded guilty to or been convicted of domestic violence, of a violation of a municipal ordinance that is substantially similar to domestic violence, of a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211 or 2919.22 involving a person who was a family or household member at the time of the violation, or of a violation of a municipal ordinance, a law of the United States or of any other state, or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to one of those sections involving a person who was a family or household member at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law and a violation of subsection (c) hereof is a misdemeanor of the third degree.  (ORC 2919.25)

   (f)   Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed.

   (g)   The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section.