(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age.
(c) (1) No person shall operate a vehicle, as defined by R.C. § 4511.01, within the Municipality and in violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of R.C. §§ 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(2) As used in division (c)(1) of this section:
A. "Controlled substance" has the same meaning as in R.C. § 3719.01.
B. "Vehicle" has the same meanings as in R.C. § 4511.01.
(d) (1) Division (b)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursing bona fide studies for research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.
(2) Mistake of age is not a defense to a charge under subsection (b)(5) of this section.
(3) In a prosecution under subsection (b)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.
(4) As used in this subsection and subsection (b)(5) of this section:
A. "Material," "performance," "obscene," and "sexual activity" have the same meanings as in R.C. § 2907.01.
B. "Nudity-oriented matter" means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
C. "Sexually oriented matter" means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.
(e) Whoever violates this section is guilty of endangering children.
(1) If the offender violates subsection (a) or (b)(1) of this section, endangering children is one of the following:
A. Except as otherwise provided in subsection (e)(1)B., C. or D., a misdemeanor of the first degree.
B. If the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in subsection (e)(1)C. or D. of this section, endangering children is a felony to be prosecuted under appropriate state law.
C. If the violation is a violation of subsection (a) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
D. If the violation is a violation of subsection (b)(1) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
(2) If the offender violates division (b)(2), (3), (4), (5) or (6) of this section, endangering children is a felony to be prosecuted under appropriate State law.
(3) If the offender violates subsection (c) of this section, the offender shall be punished as follows:
A. Except as provided in (e)(3)B. or C., endangering children in violation of subsection (c) of this section is a misdemeanor of the first degree.
B. If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in subsection (e)(3)C. of this section, endangering children in violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
C. If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, R.C. §§ 2903.06, or 2903.08, R.C. § 2903.07 as it existed prior to March 23, 2000, or R.C. § 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of subsection (c) of this section is a felony to be prosecuted under appropriate state law.
D. In addition to any term of imprisonment, fine, or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (e)(3)A., B. or C. of this section or pursuant to any other provision of law and in addition to any suspension of the offender's driver's license or commercial driver's license or permit or nonresident operating privilege under R.C. Chapter 4506, 4509, 4510, or 4511, or any other provision of law, the court also may impose upon the offender a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
E. In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (e)(3)A., B., C. or D. of this section or pursuant to any other provision of law for the violation of division (c) of this section, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) of this section, the offender also shall be sentenced in accordance with R.C. § 4511.19, or a substantially equivalent municipal ordinance, for that violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
(f) (1) If a person violates subsection (c) of this section and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) of this section for each of the children, but the court may sentence the offender for only one of the violations.
(2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) of this section but the person is not also convicted of and does not also plead guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of subsection (c) of this section, both the following apply:
1. For purposes of the provisions of R.C. § 4511.19, or a substantially equivalent municipal ordinance, that set forth the penalties and sanctions for a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, the conviction of or plea of guilty to the violation of subsection (c) of this section shall not constitute a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
2. For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, and that is not described in subsection (e)(2)A.1. of this section, the conviction of or plea of guilty to the violation of subsection (c) of this section shall constitute a conviction or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
B. If a person is convicted of or pleads guilty to a violation of subsection (c) of this section and the person also is convicted of or pleads guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of subsection (c) of this section, the conviction of or plea of guilty to the violation of subsection (c) of this section shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance, a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance.
(R.C. § 2919.22(A)-(E), (H))