636.02 ASSAULT.

(a) “Another's unborn” or “such other person's unborn” means a member of the species homo sapiens, who is or was carried in the womb of another, during a period that begins with fertilization and that continues unless and until live birth occurs.

(b) “Unlawful termination of another's pregnancy” means causing the death of an unborn member of the species homo sapiens, who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.

(c) Notwithstanding subsections (a) and (b) hereof, in no case shall the definitions of the terms “unlawful termination of another's pregnancy,” “another's unborn,” and “such other person's unborn” that are set forth in subsection (a) hereof be applied or construed in any of the following manners:

(1) Except as otherwise provided in this paragraph, 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 actual 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 to 2903.08, 2903.11 to 2903.14, 2903.21 or 2903.22, as applicable, or Section 434.08 of the Traffic Code or Section 636.01 through 636.04 and 636.05 of this General Offenses Code. 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, 2919.17 or 2919.18 may be punished as a violation of Ohio R.C. 2919.12, 2919.13(B), 2919.15, 2919.17 or 2919.18, as applicable.

(2) 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:

A. Her delivery of a stillborn baby;

B. Her causing, in any other manner, the death in utero of an unborn that she is carrying;

C. 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 an unborn;

D. Her causing her child who is born alive to sustain one or more injuries while the child is an unborn;

E. Her causing, threatening to cause or attempting to cause, in any other manner, an injury, illness or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to an unborn that she is carrying.

(ORC 2903.09)

636.01 NEGLIGENT HOMICIDE.

(a) No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance as defined in Section 672.01.

(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02.

(ORC 2903.05)

636.02 ASSAULT.

(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)

636.03 NEGLIGENT ASSAULT.

(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 672.01, cause physical harm to another or to another's unborn.

(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree, and shall be subject to the penalty provided in Section 698.02.

(ORC 2903.14)

636.04 AGGRAVATED MENACING.

(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of such other person, such other person's unborn or a member of the other person's immediate family.

(b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. (ORC 2903.21)

636.045 MENACING BY STALKING.

(a) Prohibited Conduct.

(1) No person, by engaging in a pattern of conduct, shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.

(2) As used in this section:

A. “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct or delay the performance by a public official, firefighter, rescuer or emergency medical services person of any authorized act within the public official's, firefighter's, rescuer's or emergency medical services person's official capacity may constitute a “pattern of conduct.”

B. “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.

C. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.

D. “Public official” has the same meaning as in Section 606.01.

(ORC 2903.211)

(b) Protection Order.

(1) Except when the complaint involves a person who is a family or household member, as defined in Section 636.17(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, or Section 636.02, 636.04, subsection (a) hereof, Section 636.05 or Section 642.125 of this General Offenses Code, or a violation of a municipal ordinance substantially similar to Ohio R.C. 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, the complainant, the alleged victim or a family or household member of an alleged victim may file a motion that requests the issuance of a protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Rule 46 of the Ohio Rules of Criminal Procedure. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant, the alleged victim or the family or household member may file a motion for a temporary protection order pursuant to Ohio R.C. 2919.26 or Section 636.17(b) of this General Offenses Code.

(2) A motion for a protection order shall be prepared on a form that is provided by the clerk of the court, and the form shall be substantially as follows:

MOTION FOR PROTECTION ORDER

................ Court

Name and address of court

Municipality of Caldwell, Ohio

v. No. ............

................................................

Name of Defendant

(Name of person), the complainant in the above-captioned case, moves the court to issue a protection order containing terms designed to ensure the safety and protection of the complainant or the alleged victim in the above-captioned case, in relation to the named defendant, pursuant to its authority to issue a protection order under Ohio R.C. 2903.213.

A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, or Section 636.02, 636.04, 636.045, 636.05 or 642.125 of the Codified Ordinances, or a violation of a municipal ordinance substantially similar to Ohio R.C. 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211.

I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint or until the issuance under Ohio R.C. 2903.214 of a protection order arising out of the same activities as those that were the basis of the attached complaint.

.......................................................

Signature of person

.......................................................

Address of person

(3) A. As soon as possible after the filing of a motion that requests the issuance of a protection order under this section, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a protection order under this section, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the alleged victim, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the alleged victim.

B. 1. If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the alleged victim, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, the alleged victim or a family or household member to enter the residence, school, business or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, the alleged victim or a family or household member.

2. Paragraph (b)(3)B.1. hereof does not limit any discretion of a court to determine that an alleged offender charged with a violation of Section 636.17(c) of this General Offenses Code, or Ohio R.C. 2919.27, or with a violation of any other municipal ordinance substantially equivalent to such sections, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.

(4) A. Except when the complaint involves a person who is a family or household member as defined in Section 636.17(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation specified in paragraph (b)(1) hereof, the court, upon its own motion, may issue a protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender.

B. If the court issues a protection order under this section as an ex parte order, it shall conduct, as soon as possible, after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified or be revoked. The hearing shall be conducted under the standards set forth in paragraph (b)(3) hereof.

C. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the Court of Common Pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the Court of Common Pleas, while the charges against the alleged offender are pending in the Court of Common Pleas, for the period of time described in paragraph (b)(5)B. hereof, and the Court of Common Pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This paragraph applies when the alleged offender is bound over to the Court of Common Pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.

(5) A protection order that is issued as a pretrial condition of release under this section:

A. Is in addition to, but shall not be construed as a part of, any bail set under Rule 46 of the Ohio Rules of Criminal Procedure;

B. Is effective only until the disposition by the court that issued the order or, in the circumstances described in paragraph (b)(4)C. hereof, by the Court of Common Pleas to which the alleged offender is bound over for prosecution of the criminal proceeding arising out of the complaint upon which the order is based or until the issuance under Ohio R.C. 2903.214 of a protection order arising out of the same activities as those that were the basis of the complaint filed under this section;

C. Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.

(6) A person who meets the criteria for bail under Rule 46 of the Ohio Rules of Criminal Procedure and who, if required to do so pursuant to that Rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a protection order under this section.

(7) A copy of a protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the Court of Common Pleas for prosecution as described in paragraph (b)(4)C. hereof, the municipal court or county court shall direct that a copy of the order be delivered to the Court of Common Pleas to which the defendant is bound over.

(8) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to paragraph (b)(7) hereof. With respect to each order delivered, each agency shall note, on the index, the date and time of the agency's receipt of the order.

(9) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section in accordance with the provisions of the order.

(10) Upon a violation of a protection order issued pursuant to this section, the court may issue another protection order under this section, as a pretrial condition of release, that modifies the terms of the order that was violated.

(11) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.

(ORC 2903.213)

(c) Violation of Protection Order. No person shall recklessly violate the terms of a protection order issued pursuant to this section or Ohio R.C. 2903.213 or 2903.214. (ORC 2919.27)

(d) Penalties.

(1) Whoever violates subsection (a) hereof is guilty of menacing by stalking, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02, provided that none of the following applies:

A. The offender previously has been convicted of or pleaded guilty to a violation of this section or Ohio R.C. 2903.211, or a violation of Section 642.125 or Ohio R.C. 2911.211.

B. In committing the offense, the offender made a threat of physical harm to or against the victim.

C. In committing the offense, the offender trespassed on the land or premises where the victim lives, is employed or attends school.

D. The victim of the offense is a minor.

E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.

F. While committing the offense, the offender had a deadly weapon on or about the offender's person or under the offender's control.

G. At the time of the commission of the offense, the offender was the subject of a protection order issued under this section or Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person.

H. In committing the offense, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located or to any personal property located on that premises.

I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then- recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then- present dangerousness.

(2) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of subsection (a) hereof.

(ORC 2903.211(B))

(3) Whoever violates subsection (c) hereof is guilty of violating a protection order and shall be subject to the following penalties:

A. Except as otherwise provided in paragraph (d)(3)B. hereof, violating a protection order is a misdemeanor of the first degree and the penalty shall be as provided in Section 698.02.

B. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, or of Ohio R.C. 2903.213 or 2903.214, or of former Ohio R.C. 2919.27, involving a protection order issued pursuant to this section or Ohio R.C. 2903.213 or 2903.214, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or of Section 636.04, 636.05 or 642.125 of this General Offenses Code, that involved the same person who is the subject of the protection order, or two or more violations of Ohio R.C. 2903.214 or subsection (c) hereof as it existed prior to July 1, 1996, violating a protection order is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.27.

(ORC 2919.27)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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