(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)