CHAPTER 609 – FAMILY OFFENSES

609.01   Bigamy

609.02   Abortion Offenses

609.03   Nonsupport of Dependents

609.04   Endangering Children

609.05   Interference with Custody

609.06   Child Stealing – Repealed

609.07   Domestic Violence

609.08   Temporary Protection Order

609.09   Criminal Child Enticement

609.10   Contributing to Unruliness or Delinquency of a Child

Cross-reference:
   Abortions, CO Ch. 231
   Corruption of minors, CO 619.03
   Experimentation on a fetus, CO 231.05
   Improperly furnishing firearms to a minor, CO 627.07
   Matter harmful to juveniles, CO 619.12, 619.13
   Minor’s curfew, CO 605.14
   Renting watercraft to persons under 16, CO 485.18
   Sale of harmful intoxicants to minors, CO 607.11
   Sale of intoxicants to minors, CO 617.02

Statutory reference:
   See sectional histories for similar State law

§ 609.01 Bigamy

   (a)   No married person shall marry another or continue to cohabit with such other person in this State.

   (b)   It is an affirmative defense to a charge under this section that the actor’s spouse was continuously absent for five (5) years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.

   (c)   Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.

(RC 2919.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

§ 609.02 Abortion Offenses

   (a)   Abortion Defined. As used in this section “abortion” means the purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead fetus or embryo. Abortion is the practice of medicine or surgery for the purposes of RC 4731.41.

(RC 2919.11)

   (b)   Abortion Without Informed Consent Prohibited.

      (1)   No person shall perform or induce an abortion without the informed consent of the pregnant woman.

      (2)   No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen (18) years of age and unemancipated except as authorized under RC 2919.12.

      (3)   Whoever violates this section is guilty of unlawful abortion, a misdemeanor of the first degree unless the offender has previously been convicted of or pleaded guilty to a violation of division (b) of this section or RC 2919.12.

(RC 2919.12)

   (c)   Abortion Trafficking.

      (1)   No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies pursuant to RC 313.13 and 2108.50.

      (2)   Whoever violates this section is guilty of abortion trafficking, a misdemeanor of the first degree.

(RC 2919.14; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)

§ 609.03 Nonsupport of Dependents

   (a)   No person shall abandon, or fail to provide adequate support to:

      (1)   His or her spouse, as required by law;

      (2)   His or her legitimate or illegitimate child who is under age eighteen (18), or mentally or physically handicapped child who is under age twenty- one (21);

      (3)   His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support;

      (4)   Any person whom, by law or by court order or decree, the offender is legally obligated to support.

   (b)   No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in RC 2151.04, or a neglected child, as defined in RC 2151.03.

   (c)   It is an affirmative defense to a charge under division (a) of this section of failure to provide adequate support that the accused was unable to provide adequate support, but did provide such support as was within his or her ability and means.

   (d)   It is an affirmative defense to a charge under division (a)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen (18), or was mentally or physically handicapped and under age twenty-one (21).

   (e)   It is not a defense to a charge under division (a)(4) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.

(RC 2919.21(F))

   (f)   Whoever violates division (a) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree unless the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) of this section or there has been a court finding that the offender has failed to provide support under division (a)(2) or (a)(4) of this section for a total accumulated period of twenty-six (26) weeks out of one hundred four (104) consecutive weeks, whether or not the twenty-six weeks (26) were consecutive. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to RC 2151.23, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31 or 3115.22, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney’s fees of any adverse party other than the State, as determined by the court, that arose in relation to the charge. Whoever violates division (b) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of violation of division (b) of this section is a separate offense.

(RC 2919.21; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

§ 609.04 Endangering Children

   (a)   No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen (18) years of age or a mentally or physically handicapped child under twenty-one (21) 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 division when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect 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 (18) years of age or a mentally or physically handicapped child under twenty-one (21) years of age.

   (c)   No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (a) of Section 433.01 of the Codified Ordinances or division (A) of RC 4511.19 when one (1) or more children under eighteen (18) years of age are in the vehicle, streetcar, or trackless trolley. 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 division (a) of Section 433.01 of the Codified Ordinances or division (A) of RC 4511.19 that constitutes the basis of the charge of the violation of this division. For purposes of RC 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 drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine.

   (d)   Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of this section does not result in serious physical harm to the child involved, or if the offender has not previously been convicted of an offense under this section, RC 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child.

(RC 2919.22; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

§ 609.05 Interference with Custody

   (a)   No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from those persons’ parent, guardian or custodian:

      (1)   A child under the age of eighteen (18), or a mentally or physically handicapped child under the age of twenty-one (21);

      (2)   A person committed by law to an institution for delinquent, unruly, neglected, abused or dependent children;

      (3)   A person committed by law to an institution for the mentally ill or mentally retarded.

   (b)   No person shall aid, abet, induce, cause or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department or institution without legal consent.

   (c)   It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that the actor’s conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under the actor’s shelter, protection or influence.

   (d)   Whoever violates this section is guilty of interference with custody. Except as otherwise provided in RC 2919.23(D)(2), violation of division (a)(1) of this section is a misdemeanor of the first degree. A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree. A violation of division (b) of this section is a misdemeanor of the first degree. Each day of violation of division (b) of this section is a separate offense.

(RC 2919.23; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)