§ 621.071  Menacing by Stalking
   (a)   No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
   (b)   Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree.
   (c)   RC 2919.27 applies in relation to a defendant charged with violation of this section.
   (d)   As used in this section:
      (1)   “Pattern of conduct” means two (2) or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity may constitute a “pattern of conduct.”
      (2)   “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
      (3)   “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in RC 2133.21.
      (4)   “Emergency facility person” is the singular of “emergency facility personnel” as defined in RC 2909.04.
      (5)   “Public official” has the same meaning as in RC 2921.01.
   (e)   This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.211.
(RC 2903.211; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)