(a) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(b) No person shall recklessly cause serious physical harm to another or to another's unborn.
(c) Whoever violates any of the provisions of this section is guilty of assault, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02, provided the offense is not committed by a caretaker against a functionally impaired person under the caretaker's care and provided the offense is not committed in any of the following circumstances:
(1) The offense occurs in or on the grounds of a State correctional institution or an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the State correctional institution, by a person institutionalized in the Ohio Department of Youth Services institution pursuant to a commitment to the Ohio Department of Youth Services, by a probationer or parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency;
(2) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person's being charged with or convicted of any crime, or subsequent to the person's being alleged to be or adjudicated a delinquent child;
(3) The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Ohio Department of Youth Services institution, who temporarily is outside of the institution for any purpose, by a probationer or parolee, by an offender under transitional control, under a community control sanction, or an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency;
(4) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child, and who temporarily is outside of the facility for any purpose, or by a probationer or parolee, by an offender under transitional control, under a community control sanction, or an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency;
(5) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs on school premises, in a school building, on a school bus, or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying or chaperoning students at or on class or field trips, athletic events or other school extracurricular activities or functions outside of school premises;
(6) The victim of the offense is a peace officer, a firefighter or a person performing emergency medical service, while in the performance of their official duties.
(7) The victim of the offense is a peace officer and the victim suffered serious physical harm as a result of the commission of the offense.
(d) As used in subsection (c) hereof:
(1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01.
(2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41.
(3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01.
(4) “Local correctional facility” means any county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse, any minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county or multicounty-municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or any person alleged to be or adjudicated a delinquent child.
(5) “Employee of a local correctional facility” means any person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.
(6) “School teacher or administrator” means either of the following:
A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311; or
B. A person who is employed by a nonpublic school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07 and who is certificated in accordance with Ohio R.C. 3301.071.
(7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01.
(8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27.
(9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (ORC 2903.13)