§ 601.99  Penalties for Misdemeanors
   (a)   Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”), other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
   Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC 2929.28.
 
Misdemeanor Classification
Maximum Imprisonment Term
Maximum Fine
1st degree
6 months
$1,000.00
2nd degree
90 days
$750.00
3rd degree
60 days
$500.00
4th degree
30 days
$250.00
Minor
No imprisonment
$150.00
 
(RC 2929.21)
   (b)   Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05, 625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of the commission of the offense:
      (1)   In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender’s fine at one thousand dollars ($1,000.00) and in addition to said fine, shall sentence the offender to not less than sixty (60) days’ and not more than six (6) months’ imprisonment;
      (2)   In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the section defining the offense.
         A.   In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the offender’s fine at not less than seven hundred fifty dollars ($750.00) and, in addition to said fine, shall sentence the offender to not less than sixty (60) days imprisonment.
         B.   In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set the offender’s fine at not less than five hundred dollars ($500.00) and, in addition to said fine, shall sentence the offender to not less than thirty (30) days’ imprisonment.
         C.   In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the offender’s fine at not less than two hundred fifty dollars ($250.00) and, in addition to said fine, shall sentence the offender to not less than fifteen (15) days’ imprisonment.
         D.   In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set the offender’s fine at not less than one hundred dollars ($100.00) and, in addition to said fine, shall sentence the offender to not less than ten (10) days’ imprisonment.
      (3)   Where applicable, the court may require the offender to make restitution for all or part of the property damage that is caused by his or her offense and for all or part of the value of the property that is the subject of any theft offense;
      (4)   The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment.
   (c)   Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to Section 601.10 shall be fined, which fine shall be fixed by the court as follows:
 
Type of Misdemeanor
Maximum Fine
1st degree
$5,000.00
2nd degree
$4,000.00
3rd degree
$3,000.00
4th degree
$2,000.00
Minor
$1,000.00
Misdemeanor not specifically classified
$2,000.00
Minor misdemeanor not specifically classified
$1,000.00
 
      (1)   When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this division (c);
      (2)   When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense;
      (3)   This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c).
(RC 2929.31; Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)