621.01 Negligent Homicide
621.02 Vehicular Homicide
621.03 Assault
621.031 Assault by a Minor; Parental Duty Imposed
621.04 Negligent Assault
621.05 Reserved
621.06 Aggravated Menacing
621.07 Menacing
621.071 Menacing by Stalking
621.072 Exceptions to Aggravated Menacing and Menacing
621.08 Unlawful Restraint
621.09 Coercion
621.10 Telecommunications Harassment
621.11 Threatening or Harassing Telecommunications
621.12 Revelation of Confidential Matters
621.13 Abuse of Corpse
621.14 Hazing
Statutory reference:
See sectional histories for similar State law
See sectional histories for similar State law
(a) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined in Section 627.01.
(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(RC 2903.05; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft shall negligently cause the death of another.
(b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be given mandatory sentence and license revocation found in RC 4507.16.
(c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender’s blood, breath or urine as shown by a chemical test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender’s blood, ten- hundredths (0.10) of one (1) gram or more by weight of alcohol per 210 liters of his or her breath, or fourteen- hundredths (0.14) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her urine.
(RC 2903.07).
(d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07.
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)
(a) No person shall knowingly cause or attempt to cause physical harm to another.
(b) No person shall recklessly cause serious physical harm to another.
(c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree.
(d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was any of the following:
(1) An official or employee of the Cleveland City School District or the City of Cleveland; or
(2) A member of the City's Auxiliary Police Force; or
(3) A school crossing guard or his or her alternate; or
(4) A volunteer working on school property, whether public or private, or at a City-owned recreation center; or
(5) A taxicab driver licensed under Chapter 443 of the Codified Ordinances; or
(6) A Regional Transit Authority worker, driver or operator or any other public transportation system worker, driver or operator,
and the court further determines that the victim was performing his or her official duties at the time of the offense, 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. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was a child between the ages of six (6) and seventeen (17) and was in attendance in a facility owned by the Cleveland City School District at the time of the offense, 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. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(f) This section does not apply where the offense constitutes a felony pursuant to RC 2903.13.
(Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13)
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