PART SIX - GENERAL OFFENSES CODE
            Chap. 606.   General Provisions; Administration and Enforcement.
            Chap. 612.   Alcoholic Beverages.
            Chap. 618.   Animals.
            Chap. 624.   Drugs.
            Chap. 630.   Gambling.
            Chap. 636.   Offenses Relating to Persons.
            Chap. 642.   Offenses Relating to Property.
            Chap. 648.   Peace Disturbances.
            Chap. 660.   Safety, Sanitation and Health.
            Chap. 666.   Sex Related Offenses.
            Chap. 672.   Weapons and Explosives.
            Chap. 680.   Weeds.
            Chap. 698.   Penalties and Sentencing.
CHAPTER 606
General Provisions; Administration and Enforcement
606.01   Definitions.
606.02   Culpable mental states.
606.03   Classification of offenses.
606.04   Offenses defined.
606.05   Rules of construction.
606.055   Criminal law jurisdiction.
606.06   Limitation on criminal prosecutions.
606.07   Requirements for criminal liability; voluntary intoxication.
606.08   Organizational criminal liability.
606.09   Personal accountability for organizational conduct.
606.10   Falsification.
606.105   False report of child abuse or neglect.
606.11   Compounding a crime.
606.12   Failure to report a crime or death.
606.13   Failure to aid a law enforcement officer.
606.14   Obstructing official business.
606.15   Obstructing justice.
606.16   Resisting arrest.
606.165   Compliance with lawful order of police officer; fleeing.
606.17   Having an unlawful interest  in a public contract.
606.18   Soliciting or receiving improper compensation.
606.19   Dereliction of duty.
606.20   Interfering with civil rights.
606.21   Attempts.
606.22   Complicity.
606.23   Detention of shoplifters, disorderly persons and thieves; arrest without warrant.
606.24   Disposition of unclaimed or forfeited property held by Police Department.
606.25   Impersonating an officer.
606.26   Display of law enforcement agency emblem.
606.27   Using sham legal process.
606.28   Reimbursement of costs of confinement.
606.29   Self-defense; limitations on duty to retreat prior to using force.
606.30   Misuse of 9-1-1 system.
606.31   Failure to disclose personal information.
   CROSS REFERENCES
   See section histories for similar State law
   Definition of "imprisoned" - see Ohio R.C. 1.05
   Statute of limitations for income tax violations - see Ohio R.C. 718.06
   Disposition of unclaimed, abandoned and junk motor vehicles - see Ohio R.C. 737.32, 4513.61 et seq.
   Burden and degree of proof - see Ohio R.C. 2901.05
   Venue - see Ohio R.C. 2901.12, 2931.29 et seq.
   Arrest without warrant for misdemeanor - see Ohio R.C. 2935.03
   Procedure on affidavit or complaint; withdrawal of unexecuted warrants - see Ohio R.C. 2935.10
   Right of trial by jury - see Ohio R.C. 2945.17
   Time within which hearing or trial must be held - see Ohio R.C. 2945.71
   Extension of time for hearing or trial - see Ohio R.C. 2945.72
   Discharge for delay in trial - see Ohio R.C. 2945.73
   Degree of offense; charge and verdict; prior conviction - see Ohio R.C. 2945.75
       Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14
   Registration of sex offenders in cities and counties - see Ohio R.C. 2950.01 et seq.
   Criteria for probation; conditions of probation - see Ohio R.C. 2951.02
   Treatment of drug dependent persons in lieu of conviction - see Ohio R.C. 2951.041
   Cordoning off riot areas; prohibiting sales of firearms and explosives - see Ohio R.C. 3761.16
   Reports of vehicle accidents - see TRAF. 436.11 et seq., 476.06
   Registration of dogs - see GEN. OFF. 618.08
   Rabies quarantine - see GEN. OFF. 618.11
   Justifiable use of force to suppress riot - see GEN. OFF. 648.03
   Misconduct at an emergency - see GEN. OFF. 648.06
   Making false alarms - see GEN. OFF. 648.08
   Rules of evidence in sex related offenses - see GEN. OFF. 666.10
   Declaratory judgment in sex related offenses - see GEN. OFF. 666.16
   Injunction and abatement of nuisance in sex related offenses - see GEN. OFF. 666.17
   License or permit to possess dangerous ordnance - see GEN. OFF. 672.05
   Penalties and sentencing - see GEN. OFF. Ch. 698
606.01   DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   "Campaign committee," "contribution," "legislative campaign fund," "political action committee," "political contributing entity," and "political party."  Have the same meanings as in Ohio R.C. 3517.01.
   (b)   "Contraband."  Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. "Contraband" includes, but is not limited to, all of the following:
      (1)   Any controlled substance, as defined in Ohio R.C. 3719.01, or any device or paraphernalia related thereto;
      (2)   Any unlawful gambling device or paraphernalia;
      (3)   Any dangerous ordnance or obscene material.
   (c)   "Deadly force."  Any force that carries a substantial risk that it will proximately result in the death of any person.
   (d)   "Detention."  Arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this State into this State by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B).  For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site.
   (e)   "Detention facility."  Any public or private place used for the confinement of a person charged with or convicted of any crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this State or another state or under the laws of the United States.
   (f)   "Force."  Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
   (g)   "Law enforcement officer."  Any of the following:
      (1)   A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D) or State highway patrol trooper.
      (2)   An officer, agent, or employee of the State or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority.
      (3)   The Mayor, in a capacity as chief conservator of the peace within the Municipality.
      (4)   A member of an auxiliary police force organized by the county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission.
      (5)   A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called.
      (6)   A person appointed by a Mayor pursuant to Ohio R.C. 737.01 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the person is appointed.
      (7)   A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence.
      (8)   A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor.
      (9)   A veterans' home police officer appointed under Ohio R.C. 5907.02.
      (10)   A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y).
      (11)   A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.
      (12)   The House of Representatives Sergeant at Arms if the House of Representatives Sergeant at Arms has arrest authority pursuant to Ohio R.C. 101.311(E)(1) and an Assistant House of Representatives Sergeant at Arms.
      (13)   The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;
      (14)   A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. Parts 1542 and 1544, as amended.
   (h)   "Not guilty by reason of insanity."  A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in Ohio R.C. 2901.05, that at the time of the commission of the offense, he or she did not know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.
   (i)   "Offense of violence."
      (1)   A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of R.C. § 2903.34, of division (A)(1), (2) or (3) of Ohio R.C. 2911.12, or of division (B)(1), (2), (3) or (4) of Ohio R.C. 2919.22, or felonious sexual penetration in violation of former Ohio R.C. 2907.12;
      (2)   A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;
      (3)   An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or of the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
      (4)   A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3) of this definition.
   (j)   "Official proceeding."  Any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding.
   (k)   "Party official."  Any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.
   (l)   "Person."
      (1)   A.   Subject to division (2) of this definition, as used in any section contained in this General Offenses Code that sets forth a criminal offense, "person" includes all of the following:
            1.   An individual, corporation, business trust, estate, trust, partnership and association.
            2.   An unborn human who is viable.
         B.   As used in any section contained in this General Offenses Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, partnership and association.
         C.   As used in division (1)A.2. of this definition, "unborn human" means an individual organism of the species Homo sapiens from fertilization until live birth.  "Viable" means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
      (2)   Notwithstanding division (1)A. of this definition, in no case shall the portion of the definition of the term "person" that is set forth in division (1)A.2. of this definition be applied or construed in any section contained in this General Offenses Code that sets forth a criminal offense in any of the following manners:
         A.   Except as otherwise provided in division (2)A. of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman.  An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or any substantially similar municipal ordinance, as applicable.  An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18, or any substantially similar municipal ordinance, may be punished as a violation of such section, as applicable.  Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with Ohio R.C. 2919.12.
         B.   In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
            1.   Her delivery of a stillborn baby.
            2.   Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
            3.   Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
            4.   Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
            5.   Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
   (m)   "Physical harm to persons."  Any injury, illness, or other physiological impairment, regardless of its gravity or duration.
   (n)   "Physical harm to property."  Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment.  "Physical harm to property" does not include wear and tear occasioned by normal use.
   (o)   "Privilege."  An immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity.
   (p)   "Property."
      (1)   Any property, real or personal, tangible or intangible, and any interest or license in that property.  "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent.  "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
      (2)   As used in this definition, "trade secret" has the same meaning as in Ohio R.C. 1333.61, and "telecommunications service" and "information service" have the same meanings as in Ohio R.C. 2913.01.
      (3)   As used in this definition and in the definition of "contraband" in this section, "cable television service," "computer," "computer network," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.
   (q)   "Provider agreement."  Has the same meanings as in R.C. § 5164.01.
   (r)   "Public official."  Any elected or appointed officer, employee, or agent of the State or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers.  The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under Ohio R.C. 187.01.
   (s)   "Public servant."
      (1)   Any of the following:
         A.   Any public official.
         B.   Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.
         C.   A person who is a candidate for public office, whether or not he or she is elected or appointed to the office for which he or she is a candidate.  A person is a candidate for purposes of this division if he or she has been nominated according to law for election or appointment to public office, or if he or she has filed a petition or petitions as required by law to have his or her name placed on the ballot in a primary, general, or special election, or if he or she campaigns as a write-in candidate in any primary, general, or special election.
      (2)   The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under Ohio R.C. 187.01.
   (t)   "Risk."  A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
   (u)   "School," "school building," and "school premises."  Have the same meanings as in Ohio R.C. 2925.01.
   (v)   "School activity."  Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Ohio R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.
   (w)   "School bus."  Has the same meaning as in Ohio R.C. 4511.01.
   (x)   "School safety zone."  Consists of a school, school building, school premises, school activity, and school bus.
   (y)   "Serious physical harm to persons."  Any of the following:
      (1)   Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
      (2)   Any physical harm that carries a substantial risk of death;
      (3)   Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
      (4)   Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
      (5)   Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.
   (z)   "Serious physical harm to property."  Any physical harm to property that does either of the following:
      (1)   Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;
      (2)   Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time.
   (aa)   "Substantial risk."  A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
   (bb)   "Valuable thing" or "valuable benefit."  Includes, but is not limited to, a contribution.  This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.
(ORC 2901.01, 2921.01)
606.02   CULPABLE MENTAL STATES.
   (a)   A person acts purposely when it is the person’s specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender’s specific intention to engage in conduct of that nature.
   (b)   A person acts knowingly, regardless of purpose, when the person is aware that the person’s conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.
   (c)   A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
   (d)   A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person’s conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
   (e)   When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge or purpose is also sufficient culpability for that element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for that element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for that element.
(R.C. § 2901.22)
606.03   CLASSIFICATION OF OFFENSES.
   As used in this General Offenses Code:
   (a)   Offenses include misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.
   (b)   Regardless of the penalty that may be imposed, any offense specifically classified as a misdemeanor is a misdemeanor.
   (c)   Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.
   (d)   Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:
      (1)   For an offense  committed prior to January 1, 2004, a fine not exceeding one hundred dollars ($100.00);
      (2)   For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars ($150.00), community service under Ohio R.C. 2929.27(D), or a financial sanction other than a fine under Ohio R.C. 2929.28.
(ORC 2901.02)
606.04   OFFENSES DEFINED.
   (a)   No conduct constitutes a criminal offense against the Municipality unless it is defined as an offense in this General Offenses Code.
   (b)   An offense is defined when one or more sections of this General Offenses Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.
   (c)   This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment or decree.
(ORC 2901.03)
606.05   RULES OF CONSTRUCTION.
   (a)   Except as otherwise provided in division (c) or (d) of this section, sections of this General Offenses Code defining offenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused.
   (b)   Rules of criminal procedure and sections of this General Offenses Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice.
   (c)   Any provision of a section of this General Offenses Code that refers to a previous conviction of or plea of guilty to a violation of a section of this General Offenses Code, the Ohio Revised Code or a division of a section of this General Offenses Code or the Ohio Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this Municipality, State, another state, or the United States or under an existing or former municipal ordinance.
   (d)   Any provision of this Code that refers to a section, or to a division of a section, of this Code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this State, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense.
(ORC 2901.04)
606.055   CRIMINAL LAW JURISDICTION.
   (a)   A person is subject to criminal prosecution and punishment in this Municipality if any of the following occur:
      (1)   The person commits an offense under the laws of this Municipality, any element of which takes place in this Municipality;
      (2)   While in this Municipality, the person attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality and the other jurisdiction or, while in this Municipality, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this Municipality and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this Municipality by the person or another person involved in the conspiracy, subsequent to the person’s entrance into the conspiracy. In any case in which a person attempts to commit, is guilty of complicity in the commission of, or conspires to commit an offense in another jurisdiction as described in this division, the person is subject to criminal prosecution and punishment in this Municipality for the attempt, complicity, or conspiracy, and for any resulting offense that is committed or completed in the other jurisdiction;
      (3)   While out of this Municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this Municipality;
      (4)   While out of this Municipality, the person omits to perform a legal duty imposed by the laws of this Municipality, which omission affects a legitimate interest of the Municipality in protecting, governing or regulating any person, property, thing, transaction, or activity in this Municipality;
      (5)   While out of this Municipality, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this Municipality;
      (6)   While out of this Municipality, the person unlawfully takes or entices another person and subsequently brings the other person into this Municipality;
      (7)   The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image or other telecommunication to be disseminated or transmitted into this Municipality in violation of the law of this State or Municipality.
   (b)   In homicide, the element referred to in division (a)(1) of this section includes the act that causes death, the physical contact that causes death, the death itself, or any other element that is set forth in the offense in question. If any part of the body of a homicide victim is found in this Municipality, the death is presumed to have occurred within this Municipality.
   (c)   (1)   This Municipality includes the land and water within its boundaries and the air space above that land and water, with respect to which this Municipality has either exclusive or concurrent legislative jurisdiction.  Where the boundary between this Municipality and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this Municipality for purposes of this section.
      (2)   The courts of common pleas of Adams, Athens, Belmont, Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe, Scioto, and Washington counties have jurisdiction beyond the north or northwest shore of the Ohio River extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those courts of common pleas has concurrent jurisdiction on the Ohio River with any adjacent court of common pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio River and that has jurisdiction on the Ohio River under the law of Kentucky or the law of West Virginia, whichever is applicable, or under Federal law.
   (d)   When an offense is committed under the laws of this Municipality, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this Municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this Municipality for purposes of this section.
   (e)   When a person is subject to criminal prosecution and punishment in this Municipality for an offense committed or completed outside this Municipality, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this Municipality.
   (f)   Any act, conduct, or element that is a basis of a person being subject under this section to criminal prosecution and punishment in this Municipality need not be committed personally by the person as long as it is committed by another person who is in complicity or conspiracy with the person.
   (g)   This section shall be liberally construed, consistent with constitutional limitations, to allow this Municipality the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this Municipality.
   (h)   For purposes of division (a)(2) of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.
   (i)   As used in this section, "computer," "computer system," "computer network," "information service," "telecommunication," "telecommunications device," "telecommunications service," "data" and "writing" have the same meanings as in Ohio R.C. 2913.01.
(ORC 2901.11)
606.06   LIMITATION ON CRIMINAL PROSECUTIONS.
   (a)   (1)   Except as provided in division (a)(2), (a)(3) or (a)(4) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
         A.   For a felony, six years;
         B.   For a misdemeanor other than a minor misdemeanor, two years;
         C.   For a minor misdemeanor, six months.
      (2)   There is no period of limitation for the prosecution of a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02.
      (3)   Except as otherwise provided in divisions (b) to (j) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within 20 years after the offense is committed:
         A.   A violation of Ohio R.C. 2903.03, 2903.04, 2905.01, 2905.32, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02, a violation of Ohio R.C. 2903.11 or 2903.12 if the victim is a peace officer, a violation of Ohio R.C. 2903.13 that is a felony, or a violation of former Ohio R.C. 2907.12.
         B.   A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (a)(3)A. of this section.
      (4)   Except as otherwise provided in divisions (d) to (l) of this section, a prosecution of a violation of R.C. § 2907.02 or 2907.03 or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section shall be barred unless it is commenced within 25 years after the offense is committed.
   (b)   (1)   Except as otherwise provided in division (b)(2) of this section, if the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of fiduciary duty within one year after discovery of the offense either by an aggrieved person or by the aggrieved person’s legal representative who is not a party to the offense.
      (2)   If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution for a violation of Ohio R.C. 2913.49 shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.
   (c)   (1)   If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:
         A.   For an offense involving misconduct in office by a public servant at any time while the accused remains a public servant, or within two years thereafter;
         B.   For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.
      (2)   As used in this division:
         A.   The phrase “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of Ohio R.C. 101.71, 101.91, 121.61 or 2921.13, 102.03(F) or (H), 2921.02(A), 2921.43(A) or (B), or 3517.13(F) or (G), that is directly related to an offense involving misconduct in office of a public servant, or a violation of any municipal ordinance substantially equivalent to those Ohio Revised Code sections listed in this division (c)(2)A.
         B.   “Public servant” has the same meaning as in Ohio R.C. 2921.01.
   (d)   (1)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. § 2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.
      (2)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. § 2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is within 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of 25 years after the offense is committed or five years after the determination is complete.
      (3)   As used in this division, “DNA record” has the same meaning as in R.C. § 109.573.
   (e)   An offense is committed when every element of the offense occurs.  In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused’s accountability for it terminates, whichever occurs first.
   (f)   A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first.  A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same.  A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process unless reasonable diligence is exercised to execute the same.
   (g)   The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
   (h)   The period of limitation shall not run during any time when the accused purposely avoids prosecution.  Proof that the accused departed this Municipality or conceals the accused’s identity or whereabouts is prima facie evidence of the accused’s purpose to avoid prosecution.
   (i)   The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.
   (j)   The period of limitation for a violation of this Part 6 or Title XXIX of the Ohio Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a child with a developmental disability or physical impairment under twenty-one years of age shall not begin to run until either of the following occurs:
      (1)   The victim of the offense reaches the age of majority.
      (2)   A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.
   (k)   As used in this section, "peace officer" has the same meaning as in Ohio R.C. 2935.01.
   (l)   The amendments to divisions (a) and (d) of this section apply to a violation of R.C. § 2907.02 or 2907.03 committed on and after July 16, 2015, and apply to a violation of either of those sections committed prior to July 16, 2015, if prosecution for that violation was not barred under this section as it existed on July 15, 2015.
(R.C. § 2901.13)
606.07   REQUIREMENTS FOR CRIMINAL LIABILITY; VOLUNTARY INTOXICATION.
   (a)   Except as provided in division (b) of this section, a person is not guilty of an offense unless both of the following apply:
      (1)   The person’s liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;
      (2)   The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.
   (b)   When the language defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. The fact that one division of a section plainly indicates a purpose to impose strict liability for an offense defined in that division does not by itself plainly indicate a purpose to impose strict criminal liability for an offense defined in other divisions of the section that do not specify a degree of culpability.
   (c)   (1)   When language defining an element of an offense that is related to knowledge or intent or to which mens rea could fairly be applied neither specifies culpability nor plainly indicates a purpose to impose strict liability, the element of the offense is established only if a person acts recklessly.
      (2)   Division (c)(1) of this section does not apply to offenses defined in R.C. Title XLV.
      (3)   Division (c)(1) of this section does not relieve the prosecution of the burden of proving the culpable mental state required by any definition incorporated into the offense.
   (d)   Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense.  Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense.  Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.
   (e)   As used in this section:
      (1)   "Culpability."  Purpose, knowledge, recklessness, or negligence, as defined in Ohio R.C. 2901.22.
      (2)   "Intoxication."  Includes but is not limited to intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.
      (3)   "Involuntary acts."  Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor’s volition are involuntary acts.
      (4)   "Possession."  A voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor’s control of the thing possessed for a sufficient time to have ended possession.
(ORC 2901.21)
606.08   ORGANIZATIONAL CRIMINAL LIABILITY.
   (a)   An organization may be convicted of an offense under any of the following circumstances:
      (1)   The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (2)   A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
      (3)   The offense consists of an omission to discharge a specific duty imposed by law on the organization.
      (4)   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of such a board's or person's office or employment.
   (b)   If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
   (c)   In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission.  This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
   (d)   As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust, or other commercial or legal entity.  "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(ORC 2901.23)
606.09   PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.
   (a)   An officer, agent, or employee of an organization, as defined in Ohio R.C. 2901.23, may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply:
      (1)   In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility;
      (2)   He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
   (b)   When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf.
(ORC 2901.24)
606.10   FALSIFICATION.
   (a)   No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
      (1)   The statement is made in any official proceeding.
      (2)   The statement is made with purpose to incriminate another.
      (3)   The statement is made with purpose to mislead a public official in performing his or her official function.
      (4)   The statement is made with purpose to secure the payment of unemployment compensation; Ohio Works First; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in Ohio R.C. 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.
      (5)   The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.
      (6)   The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
      (7)   The statement is in writing on or in connection with a report or return that is required or authorized by law.
      (8)   The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable
benefit or distinction, when the person to whom the statement is directed relies upon it to his or her detriment.
      (9)   The statement is made with purpose to commit or facilitate the commission of a theft offense.
      (10)   The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.
      (11)   The statement is made on an account, form, record, stamp, label or other writing that is required by law.
      (12)   The statement is made in connection with the purchase of a firearm, as defined in Ohio R.C. 2923.11, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
      (13)   The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.
      (14)   The statement is made in an application filed with a county sheriff pursuant to R.C. § 2923.125 in order to obtain or renew a concealed handgun license or is made in an affidavit submitted to a county sheriff to obtain a concealed handgun license on a temporary emergency basis under R.C. § 2923.1213.
      (15)   The statement is required under Ohio R.C. 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.
   (b)   No person, in connection with the purchase of a firearm as defined in Ohio R.C. 2923.11, shall knowingly furnish to the seller of the firearm a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
   (c)   No person, in an attempt to obtain a concealed handgun license under R.C. § 2923.125, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person’s competence in handling a handgun as described in division (B)(3) of that section.
   (d)   It is no defense to a charge under division (a)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
   (e)   If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
   (f)   (1)   Whoever violates division (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), (a)(10), (a)(11), (a)(13) or (a)(15) of this section is guilty of falsification. Except as otherwise provided in this division, falsification is a misdemeanor of the first degree.
      (2)   Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense.  Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree.  If the value of the property or services stolen is one thousand dollars ($1,000) or more, falsification in a theft offense is a felony to be prosecuted under appropriate State law.
      (3)   Whoever violates division (a)(12) or (b) of this section is guilty of falsification to purchase a firearm, a felony to be prosecuted under appropriate State law.
      (4)   Whoever violates division (a)(14) or (c) of this section is guilty of falsification to obtain a concealed handgun license, a felony to be prosecuted under appropriate State law.
      (5)   Whoever violates division (a) of this section in removal proceedings under R.C. § 319.26, 321.37, 507.13 or 733.78 is guilty of falsification regarding a removal proceeding, a felony to be prosecuted under appropriate state law.
(R.C. § 2921.13)
   (g)   (1)   No person who has knowingly failed to maintain proof of financial responsibility in accordance with Ohio R.C. 4509.101 shall produce any document or present to a peace officer an electronic wireless communications device that is displaying any text or images with the purpose to mislead a peace officer upon the request of a peace officer for proof of financial responsibility made in accordance with Ohio R.C. 4509.101(D)(2).
      (2)   Whoever violates this division (g) is guilty of falsification, a misdemeanor of the first degree.
(ORC 4509.102)
Statutory reference:
   Civil liability for violations of this section, see R.C. § 2921.13(G)
606.105   FALSE REPORT OF CHILD ABUSE OR NEGLECT.
   (a)   No person shall knowingly make or cause another person to make a false report under Ohio R.C. 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in Ohio R.C. 2151.031 or a neglected child as defined in Ohio R.C. 2151.03.
   (b)   Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(ORC 2921.14)
606.11   COMPOUNDING A CRIME.
   (a)   No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
   (b)   It is an affirmative defense to a charge under this section when both of the following apply:
      (1)   The pending prosecution involved is for a violation of Ohio R.C. 2913.02, 2913.11, 2913.21(B)(2), or 2913.47, or a substantially similar municipal ordinance, of which the actor under this section was the victim.
      (2)   The thing of value demanded, accepted, or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.
   (c)   When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, the abandonment or agreement in no way binds the State to abandoning the prosecution.
   (d)   Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
(ORC 2921.21)
606.12   FAILURE TO REPORT A CRIME OR DEATH.
   (a)   (1)   Except as provided in division (a)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.
      (2)   No person, knowing that a violation of Ohio R.C. 2913.04(B) has been or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.
   (b)   Except for conditions that are within the scope of division (e) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
   (c)   No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained. For purposes of this division, “advanced practice registered nurse” does not include a certified registered nurse anesthetist.
   (d)   No person shall fail to provide upon request of the person to whom a report required by division (c) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his or her knowledge that may have a bearing on the investigation of the death.
   (e)   (1)   As used in this section, "burn injury" means any of the following:
         A.   Second or third degree burns;
         B.   Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
         C.   Any burn injury or wound that may result in death.
      (2)   No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
      (3)   No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
      (4)   No person who is required to report any burn injury under division (e)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the State Fire Marshal.  The report shall be made on a form provided by the State Fire Marshal.
      (5)   Anyone participating in the making of reports under division (e) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding R.C. § 4731.22, the physician-patient relationship or advanced practice registered nurse-patient relationship is not a ground for excluding evidence regarding a person’s burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under division (e) of this section.
   (f)   (1)   Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in R.C. § 3113.31, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
      (2)   Notwithstanding R.C. § 4731.22, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (f)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
   (g)   Division (a) or (d) of this section does not require disclosure of information, when any of the following applies:
      (1)   The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
      (2)   The information would tend to incriminate a member of the actor’s immediate family.
      (3)   Disclosure of the information would amount to revealing a news source, privileged under Ohio R.C. 2739.04 or 2739.12.
      (4)   Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to him or her in his or her capacity as such by a person seeking his or her aid or counsel.
      (5)   Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to R.C. § 5119.36.
      (6)   Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Ohio R.C. 2907.02 or 2907.05, or to victims of felonious sexual penetration in violation of former Ohio R.C. 2907.12.  As used in this division, "counseling services" include services provided in an informal setting by a person who, by education or experience, is competent to provide such services.
   (h)   No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
   (i)   Whoever violates division (a) or (b) of this section is guilty of failure to report a crime.  Violation of division (a)(1) of this section is a misdemeanor of the fourth degree.  Violation of division (a)(2) or (b) of this section is a misdemeanor of the second degree.
   (j)   Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
   (k)   (1)   Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.
      (2)   Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree.
   (l)   As used in this section, “nurse” includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.
(R.C. § 2921.22)
606.13   FAILURE TO AID A LAW ENFORCEMENT OFFICER.
   (a)   No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when the aid can be given without a substantial risk of physical harm to the person giving it.
   (b)   Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(ORC 2921.23)
606.14   OBSTRUCTING OFFICIAL BUSINESS.
   (a)   No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.
   (b)   Whoever violates this section is guilty of obstructing official business.  Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree.  If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony to be prosecuted under appropriate State law.
(ORC 2921.31)
606.15   OBSTRUCTING JUSTICE.
   (a)   No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime, or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following:
      (1)   Harbor or conceal the other person or child.
      (2)   Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension.
      (3)   Warn the other person or child of impending discovery or apprehension.
      (4)   Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning him or her to testify or supply evidence.
      (5)   Communicate false information to any person.
      (6)   Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child.
   (b)   A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of division (a) of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed.  The crime or act the person or child aided committed shall be used under division (c) of this section in determining the penalty for violation of division (a) of this section, regardless of whether the person or child aided ultimately is apprehended for, is charge with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed.
   (c)   Whoever violates this section is guilty of obstructing justice.
      (1)   If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult.
      (2)   If the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, or if the crime or act committed by the person or child aided is an act of terrorism, obstructing justice is a felony to be prosecuted under appropriate State law.
   (d)   As used in this section:
      (1)   "Act of terrorism" has the same meaning as in Ohio R.C. 2909.21.
      (2)   "Adult" and "child" have the same meaning as in Ohio R.C. 2151.011.
      (3)   "Delinquent child" has the same meaning as in Ohio R.C. 2152.02.
(ORC 2921.32)
606.16   RESISTING ARREST.
   (a)   No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself, herself or another.
   (b)   No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
   (c)   No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
      (1)   The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon; or
      (2)   The offender, during the course of the resistance or interference, brandishes a deadly weapon.
   (d)   Whoever violates this section is guilty of resisting arrest.  A violation of division (a) of this section is a misdemeanor of the second degree.  A violation of division (b) of this section is a misdemeanor of the first degree.  A violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
   (e)   As used in this section, "deadly weapon" has the same meaning as in Ohio R.C. 2923.11.
(ORC 2921.33)
Statutory reference:
   Unlawful taking of deadly weapon from law enforcement officer, felony, see Ohio R.C. 2911.01
606.165   COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
   (a)   No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.
   (b)   No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.
   (c)   (1)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.
      (2)   A violation of division (a) of this section is a misdemeanor of the first degree.
      (3)   Except as provided in divisions (c)(4) and (5) of this section, a violation of division (b) of this section is a misdemeanor of the first degree.
      (4)   Except as provided in division (c)(5) of this section, a violation of division (b) of this section is a felony and shall be prosecuted under appropriate State law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.
      (5)   A.   A violation of division (b) of this section is a felony and shall be prosecuted under appropriate State law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:
            1.   The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.
            2.   The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
         B.   If a police officer pursues an offender who is violating division (b) of this section and division (c)(5)A. of this section applies, the sentencing court, in determining the seriousness of an offender’s conduct for purposes of sentencing the offender for a violation of division (b) of this section, shall consider, along with the factors set forth in Ohio R.C. 2929.12 and 2929.13 that are required to be considered, all of the following:
            1.   The duration of the pursuit;
            2.   The distance of the pursuit;
            3.   The rate of speed at which the offender operated the motor vehicle during the pursuit;
            4.   Whether the offender failed to stop for traffic lights or stop signs during the pursuit;
            5.   The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;
            6.   Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;
            7.   Whether the offender committed a moving violation during the pursuit;
            8.   The number of moving violations the offender committed during the pursuit;
            9.   Any other relevant factors indicating that the offender’s conduct is more serious than conduct normally constituting the offense.
   (d)   In addition to any other sanction imposed for a violation of division (a) of this section or a misdemeanor violation of division (b) of this section, the court shall impose a class five suspension from the range specified in Ohio R.C. 4510.02(A)(5). If the offender previously has been found guilty of an offense under this section or under Ohio R.C. 2921.331 or any other substantially equivalent municipal ordinance, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in Ohio R.C. 4510.02(A)(1). The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in Ohio R.C. 4510.021. No judge shall suspend any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this division.
   (e)   As used in this section:
      (1)   "Moving violation" has the same meaning as in Ohio R.C. 2743.70.
      (2)   "Police officer" has the same meaning as in Ohio R.C. 4511.01.
(ORC 2921.331(A) - (C), (E), (F))
606.17   HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
   (a)   No public official shall knowingly do any of the following:
      (1)   Authorize or employ the authority of the public official’s office to secure authorization of any public contract in which the public official, a member of the public official’s family, or any of the public official’s business associates has an interest.
      (2)   Authorize or employ the authority or influence of the public official’s office to secure the investment of public funds in any share, bond, mortgage, or other security with respect to which the public official, a member of the public official’s family, or any of the public official’s business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.
      (3)   During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.
      (4)   Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected.
      (5)   Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when required by law, and that involves more than one hundred fifty dollars ($150.00).
   (b)   In the absence of bribery or a purpose to defraud, a public official, member of a public official’s family, or any of a public official’s business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
      (1)   The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested.
      (2)   The shares owned or controlled by that person do not exceed 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 5% of the total indebtedness of the corporation or other organization.
      (3)   That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person’s exact status in connection with the corporation or other organization.
   (c)   This section does not apply to a public contract in which a public official, member of a public official’s family, or one of a public official’s business associates has an interest, when all of the following apply:
      (1)   The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved.
      (2)   The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official’s becoming associated with the political subdivision or governmental agency or instrumentality involved.
      (3)   The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions.
      (4)   The entire transaction is conducted at arm’s length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s  family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
   (d)   Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public monies if the public employee otherwise qualifies for the program and does not use the authority or influence of the public official’s office or employment to secure benefits from the program and if the monies are to be used on the primary residence of the public employee.  Such participation does not constitute an unlawful interest in a public contract in violation of this section.
   (e)   Whoever violates this section is guilty of having an unlawful interest in a public contract.  Violation of division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law.  Violation of division (a)(3), (4), or (5) of this section is a misdemeanor of the first degree.
   (f)   It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for a chief legal officer of a municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a township law director appointed under Ohio R.C. 504.15 to appoint assistants and employees in accordance with Ohio R.C. 504.151 and 2921.421.
   (g)   Any public contract in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest, is an underwriter, or receives any brokerage, origination or servicing fees and that was entered into in violation of this section is void and unenforceable.
   (h)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Chief legal officer" has the same meaning as in Ohio R.C. 733.621.
      (2)   "Public contract" means any of the following:
         A.   The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the State or any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.
         B.   A contract for the design, construction, alteration, repair, or maintenance of any public property.
(ORC 2921.42)
606.18   SOLICITING OR RECEIVING IMPROPER COMPENSATION.
   (a)   No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
      (1)   Any compensation, other than as allowed by Ohio R.C. 102.03(G), (H), (I), or other provisions of law, to perform the public servant’s official duties, to perform any other act or service in the public servant’s public capacity, for the general performance of the duties of the public servant’s public office or public employment, or as a supplement to the public servant’s public compensation.
      (2)   Additional or greater fees or costs than are allowed by law to perform the public servant’s official duties.
   (b)   No public servant for the public servant’s own personal or business use and no person for the person’s own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (c)   No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (d)   Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
   (e)   A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this State for a period of seven years from the date of conviction.
   (f)   Divisions (a), (b), and (c) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.
(ORC 2921.43)
606.19   DERELICTION OF DUTY.
   (a)   No law enforcement officer shall negligently do any of the following:
      (1)   Fail to serve a lawful warrant without delay.
      (2)   Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.
   (b)   No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
   (c)   No officer, having charge of a detention facility, shall negligently do any of the following:
      (1)   Allow the detention facility to become littered or unsanitary.
      (2)   Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention.
      (3)   Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
      (4)   Allow a prisoner to escape.
      (5)   Fail to observe any lawful and reasonable regulation for the management of the detention facility.
   (d)   No public official shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.
   (e)   No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant’s office, or recklessly do any act expressly forbidden by law with respect to the public servant’s office.
   (f)   Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
   (g)   Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under R.C. Chapter 3326; or fiscal officer of a college-preparatory boarding school established under R.C. Chapter 3328 and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
   (h)   As used in this section, “public servant” includes the following:
      (1)   An officer or employee of a contractor as defined in R.C. § 9.08;
      (2)   A fiscal officer employed by the operator of a community school established under R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under R.C. Chapter 3328.
(R.C. § 2921.44)
606.20   INTERFERING WITH CIVIL RIGHTS.
   (a)   No public servant, under color of his or her office, employment, or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right.
   (b)   Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(ORC 2921.45)
606.21   ATTEMPTS.
   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
   (b)   It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
   (c)   No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
   (d)   It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (e)   Whoever violates this section is guilty of an attempt to commit an offense.  An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted.  In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor.  In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law.  An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
   (f)   As used in this section:
      (1)   "Drug abuse offense" has the same meaning as in Ohio R.C. 2925.01.
      (2)   "Motor vehicle" has the same meaning as in Ohio R.C. 4501.01.
(ORC 2923.02)
606.22   COMPLICITY.
   (a)   No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
      (1)   Solicit or procure another to commit the offense;
      (2)   Aid or abet another in committing the offense;
      (3)   Conspire with another to commit the offense in violation of Ohio R.C. 2923.01;
      (4)   Cause an innocent or irresponsible person to commit the offense.
   (b)   It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
   (c)   No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Ohio R.C. 2923.02 or a substantially similar municipal ordinance.
   (d)   If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with Ohio R.C. 2923.03(D).
   (e)   It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
   (f)   Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender.  A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
606.23   DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (a)   For the purpose of this section, the following definitions shall apply.
      (1)   "Archival institution."  Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
      (2)   "Audiovisual recording function" and "facility." Have the same meaning as in Ohio R.C. 2913.07.
      (3)   "Museum."  Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
      (4)   “Pretrial diversion program.”  A rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
   (b)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (c)   Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
      (2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (d)   An officer, agent, or employee of a library, museum, or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest;
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
   (e)   The owner or lessee of a facility in which a motion picture is being shown, or the owner's or lessee's employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of Ohio R.C. 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (f)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
   (g)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in divisions(c)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by Ohio R.C. 2913.07.  An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(ORC 2935.041)
606.24   DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DEPARTMENT.
   (a)   Safekeeping of Property in Custody.
      (1)   A.   Any property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited and that is in the custody of the Police Department shall be kept safely by the Police Department, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or Ohio R.C. 2981.12 and 2981.13.
         B.   This section does not apply to the custody and disposal of any of the following:
            1.   Vehicles subject to forfeiture under Ohio R.C. Title 45, except as provided in division (b)(1)F. of this section;
            2.   Abandoned junk motor vehicles or other property of negligible value;
            3.   Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of, or that is identified by the department as having little value;
            4.   Animals taken, and devices used in unlawfully taking animals, under Ohio R.C. 1531.20;
            5.   Controlled substances sold by a peace officer in the performance of the officer’s official duties under Ohio R.C. 3719.141;
            6.   Property recovered by a township law enforcement agency under Ohio R.C. 505.105 to 505.109;
            7.   Property held and disposed of under an ordinance of the Municipality or under Ohio R.C. 737.29 to 737.33, except that if the Municipality has received notice of a citizens’ reward program as provided in division (b)(5) of this section and disposes of property under an ordinance shall pay twenty-five percent of any moneys acquired from any sale or auction to the citizens’ reward program.
      (2)   A.   The Police Department shall adopt and comply with a written internal control policy that does all of the following:
            1.   Provides for keeping detailed records as to the amount of property acquired by the Police Department and the date property was acquired;
            2.   Provides for keeping detailed records of the disposition of the property, which shall include, but not be limited to, both of the following:
               a.   The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold, and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property.
               b.   An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
            3.   Complies with Ohio R.C. 2981.13 if the Police Department has a law enforcement trust fund or similar fund created under that section.
         B.   The records kept under the internal control policy shall be open to public inspection during the Police Department’s regular business hours. The policy adopted under this section is a public record open for inspection under Ohio R.C. 149.43.
      (3)   The Police Department, with custody of property to be disposed of under this section or Ohio R.C. 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.
      (4)   As used in this section:
         A.   “Citizens’ reward program” has the same meaning as in Ohio R.C. 9.92.
         B.   “Law enforcement agency” includes correctional institutions.
         C.   “Township law enforcement agency” means an organized police department of a township, a township police district, a joint police district, or the office of a township constable.
(ORC 2981.11)
   (b)   Disposition of Unclaimed or Forfeited Property.
      (1)   Unclaimed or forfeited property in the custody of the Police Department, other than property described in division (a)(1)B. of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the Municipality, as follows:
         A.   Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.
         B.   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use or as museum pieces or collectors’ items may be sold at public auction pursuant to division (b)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a Federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.
         C.   Obscene materials shall be destroyed.
         D.   Beer, intoxicating liquor, or alcohol seized from a person who does not hold a permit issued under Ohio R.C. Chapters 4301 and 4303 or otherwise forfeited to the state for an offense under Ohio R.C. 4301.45 or Ohio R.C. 4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with Ohio R.C. Chapter 119 to provide for the distribution to State or local law enforcement agencies upon their request. If any tax imposed under Ohio R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor, or alcohol, any moneys acquired from the sale shall first be used to pay the tax. All other money collected under this division (b)(1)D. shall be paid into the State Treasury. Any beer, intoxicating liquor, or alcohol that the Division determines to be unfit for sale shall be destroyed.
         E.   Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates’ industrial and entertainment fund of the institution if the sender is not known.
         F.   1.   Any mobile instrumentality forfeited under Ohio R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality.
            2.   Vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in performing its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it has been removed, defaced, covered, altered, or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
         G.   Computers, computer networks, computer systems, and computer software suitable for police work may be given to a law enforcement agency for that purpose or disposed of under division (b)(2) of this section.
         H.   Money seized in connection with a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 shall be deposited in the Victims of Human Trafficking Fund created by Ohio R.C. 5101.87.
      (2)   Unclaimed or forfeited property that is not described in division (b)(1) of this section or division (a)(1)B. of this section, with court approval, may be used by the law enforcement agency in possession of it. If it is not used by the agency, it may be sold without appraisal at a public auction to the highest bidder for cash or disposed of in another manner that the court considers proper.
      (3)   Except as provided in divisions (b)(1) and (b)(5) of this section and after compliance with division (b)(4) of this section when applicable, any moneys acquired from the sale of property disposed of pursuant to this section shall be placed in the general revenue fund of the State, or the general fund of the Municipality.
      (4)   If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, 10% of any moneys acquired from the sale of property disposed of under this section shall be applied to one or more community addiction services providers, as defined in R.C. § 5119.01. A juvenile court shall not specify a services provider, except as provided in this division, unless the services provider is in the same county as the court or in a contiguous county. If no services provider is located in any of those counties, the juvenile court may specify a services provider anywhere in Ohio. The remaining 90% of the proceeds or cash shall be applied as provided in division (b)(3) of this section.
      (5)   A.   If the Board of County Commissioners recognizes a citizens’ reward program under Ohio R.C. 9.92, the Board shall notify the Police Department of the recognition by filing a copy of its resolution conferring that recognition with the Police Department. When the Board recognizes a citizens’ reward program and the County includes a part, but not all, of the territory of the Municipality, the Board shall so notify the Police Department of the recognition of the citizens' reward program only if the County contains the highest percentage of the Municipality’s population.
         B.   Upon being so notified, the Police Department shall pay twenty-five percent of any forfeited proceeds or cash derived from each sale of property disposed of pursuant to this section to the citizens’ reward program for use exclusively to pay rewards. No part of the funds may be used to pay expenses associated with the program. If a citizens’ reward program that operates in more than one County or in another state in addition to this State receives funds under this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning offenses committed in the County from which the funds were received.
      (6)   Any property forfeited under Ohio R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.
      (7)   Any moneys acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 or derived from the proceeds of the commission of a violation of Ohio R.C. 2905.32, 2907.21, or 2907.22 and disposed of pursuant to this division (b) shall be placed in the Victims of Human Trafficking Fund created by Ohio R.C. 5101.87.
(ORC 2981.12)
   (c)   Disposition of Contraband, Proceeds, or Instrumentalities. Except as otherwise provided in Ohio R.C. 2981.13, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to Ohio R.C. Chapter 2981 shall be disposed of, used, or sold pursuant to division (b) of this section or Ohio R.C. 2981.12. If the property is to be sold under division (b) of this section or Ohio R.C. 2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.
(ORC 2981.13(A))
Statutory reference:
   Forfeiture of property generally, see R.C. Chapter 2981
606.25   IMPERSONATING AN OFFICER.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Federal law enforcement officer." An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
      (2)   "Impersonate."  To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
      (3)   "Investigator of the Bureau of Criminal Identification and Investigation." Has the same meaning as in Ohio R.C. 2903.11.
      (4)   "Peace officer."  A sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this State; a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D); a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y); a State university law enforcement officer appointed under Ohio R.C. 3345.04; a veterans' home police officer appointed under Ohio R.C. 5907.02; a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28; an officer, agent or employee of the state or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a State highway patrol trooper whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the State or any of its political subdivisions.
      (5)   "Private police officer."  Any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
   (b)   No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer.
   (c)   No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or Federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
   (d)   No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or the State, or investigator of the Bureau of Criminal Identification and Investigation.
   (e)   No person shall commit a felony while impersonating a peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation.
   (f)   It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, Federal law enforcement officer, an officer, agent or employee of the Municipality or of the State, or investigator of the Bureau of Criminal Identification and Investigation  was for a lawful purpose.
   (g)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.  Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree.  If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate State law.  Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 2921.51)
606.26   DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
   (a)   No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
   (b)   Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(ORC 2913.441)
606.27   USING SHAM LEGAL PROCESS.
   (a)   For the purpose of this section, the following definitions shall apply:
      (1)   "Lawfully issued."  Adopted, issued, or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
      (2)   "Political subdivisions."  Municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
      (3)   "Sham legal process."  An instrument that meets all of the following conditions:
         A.   It is not lawfully issued.
         B.   It purports to do any of the following:
            1.   To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
            2.   To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
            3.   To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
         C.   It is designed to make another person believe that it is lawfully issued.
      (4)   "State."  A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state.  "State" does not include the political subdivisions of the state.
   (b)   No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
      (1)   Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
      (2)   Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
      (3)   Knowingly commit or facilitate the commission of an offense using sham legal process.
      (4)   Knowingly commit a felony by using sham legal process.
   (c)   It is an affirmative defense to a charge under division (b)(1) or (2) of this section that the use of sham legal process was for a lawful purpose.
   (d)   Whoever violates this section is guilty of using sham legal process.  A violation of division (b)(1) of this section is a misdemeanor of the fourth degree.  A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate State law.  A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2921.52(A) - (D))
606.28   REIMBURSEMENT OF COSTS OF CONFINEMENTS.
   (a)   Any person who is convicted of a criminal offense, other than a minor misdemeanor, shall reimburse the Village for expenses incurred by reason of the individual's confinement.  Such reimbursement shall include expenses incurred during pre-conviction confinement when credit for such confinement is credited against the entire term of imprisonment, along with food, clothing and shelter.
   (b)   The amount of the reimbursement required by this section shall be determined by the court subsequent to investigation and hearing with regards to whether the person has the ability to pay the reimbursement, as outlined in Ohio R.C. 2929.223.
   (c)   This section shall not apply to offenders that the court determines to be indigent.
   (d)   Funds reimbursed to the Village pursuant to this section shall be paid into the General Fund of the Village.
   (e)   The Director of Law is authorized to institute appropriate proceedings against individuals who are ordered to reimburse the Village for confinement costs.  The Director of Law is further authorized to compromise and settle any such claims for reimbursement in any amounts less than the total reimbursement due to the Village, if such settlement is in the best interest of the Village, in the Law Director's discretion.
   (f)   The Clerk of Council is authorized and directed to certify a copy of this section to the Clerk of Courts of the Bedford Municipal Court.  Further, the Mayor is authorized to institute this reimbursement policy within the Village of Bentleyville's Mayor's Court.
(Ord. 1997-10.  Passed 4-16-97.)
606.29   SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
   (a)   As used in this section, “residence” and “vehicle” have the same meanings as in Ohio R.C. 2901.05.
   (b)   For purposes of any section of this Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self defense or defense of another.
(ORC 2901.09)
606.30   MISUSE OF 9-1-1 SYSTEM.
   (a)   As used in this section, "9-1-1 system" means a system through which individuals can request emergency service using the telephone number 9-1-1.
(R.C. § 128.01(A))
   (b)   No person shall knowingly use the telephone number of a 9-1-1 system established under R.C. Chapter 128 to report an emergency if the person 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 database that serves the public safety answering point of a 9-1-1 system established under 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 wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
      (4)   In the circumstance of access to a database being given by a telephone company that is a wireless 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 database shall be subject to the jurisdiction of the Steering Committee;
      (5)   In the circumstance of access to a database 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 database is subject to the jurisdiction of the Steering Committee.
(R.C. § 128.32(E) - (G))
   (e)   (1)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(R.C. § 128.99(A), (B))
606.31   FAILURE TO DISCLOSE PERSONAL INFORMATION.
   (a)   No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
      (1)   The person is committing, has committed, or is about to commit a criminal offense.
      (2)   The person witnessed any of the following:
         A.   An offense of violence that would constitute a felony under the laws of this State;
         B.   A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
         C.   Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section;
         D.   Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy, or complicity described in division (a)(2)C. of this section has been, is being, or is about to be committed.
   (b)   Whoever violates division (a) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
   (c)   Nothing in division (a) of this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address, or date of birth or for refusing to describe the offense observed.
   (d)   It is not a violation of division (a) of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(ORC 2921.29)
   (e)   No person entering an airport, train station, port, or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
   (f)   A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(ORC 2909.31)