537.17 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 under eighteen, or mentally or physically handicapped child under twenty-one;

      (3)   His or her aged or infirm parent or adoptive 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 obliged to support.

   (b)   It is an affirmative defense to a charge under this section that the actor was unable to provide adequate support, and provided such support as was within his ability and means.

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

   (d)   Sentence may be suspended if a person, after conviction and before sentencing appears before the court in which such conviction took place and enters into bond to the Municipality in a sum fixed by the court at not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) with sureties approved by such court, conditioned that such person will furnish such child or other dependent with necessary or proper home, care, food and clothing, or will pay promptly each week for such purpose to a trustee named by such court, a sum to be fixed by it. (ORC 3113.04)

   (e)   Whoever violates this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. (ORC 2919.21)