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(a) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such other person or member of his or her immediate family.
(b) Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree.
(RC 2903.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(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)
Sections 621.06 and 621.07 do not apply if the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s employee’s performance or anticipated performance of official responsibilities or duties or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
(RC 2903.214; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or to damage his or her personal or business repute, or impair his or her credit;
(4) Institute or threaten criminal proceedings against any person;
(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
(b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to RC 2945.44;
(2) In return for a plea of guilty to one (1) or more offenses charged or to one (1) or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one (1) or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;
(3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense.
(c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor’s conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to:
(1) Compelling another to refrain from misconduct or to desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the actor reasonably believed such other person to be disqualified;
(4) Compelling another to take action which the actor reasonably believed such other person to be under a duty to take.
(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(e) As used in this section, “threat” includes a direct threat and a threat by innuendo.
(RC 2905.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following:
(1) Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
(3) During the telecommunication, violates Section 621.06 or RC 2903.21;
(4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
(5) Knowingly makes the telecommuni-cation to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.
(b) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.
(c) Whoever violates this section is guilty of telecommunication harassment, a misdemeanor of the first degree.
(d) This section shall not apply in any case in which the proscribed conduct constitutes a felony under RC 2917.21.
(e) As used in this section:
(1) "Caller" means the person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a tele-communication to be made from a telecommunications device under that person's control.
(2) "Sexual activity" has the same meaning as in Section 619.01 and shall also include all conduct constituting "sexual activity" as defined in RC 2907.01.
(3) "Telecommunication" means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. (RC 2913.01)
(4) "Telecommunications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem. (RC 2913.01)
(f) Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act", 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act", 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended.
(RC 2917.21; Ord. No. 270-12. Passed 4-23-12, eff. 4-26-12)
(a) No person shall, while communicating with any other person over a telecommunications device, threaten to do bodily harm or use or address to such other person any words or language of a lewd, lascivious or indecent character, nature or connotation for the sole purpose of annoying such other person; nor shall any person make a telecommunication to any other person repeatedly or cause any person to be a telecommunications recipient repeatedly for the sole purpose of harassing or molesting such other person or his family.
Any use, communication or act prohibited by this section may be deemed to have occurred or to have been committed at either the place at which the telecommunication was made or was received.
(b) As used in this section, "telecommunications device" has the same meaning as in Section 621.10.
(c) Whoever violates this section is guilty of a threatening or harassing telecommunication, a misdemeanor of the first degree.
(Ord. No. 270-12. Passed 4-23-12, eff. 4-26-12)
(a) No employee of another, who in the course and within the scope of his or her employment receives any confidential matter or information, shall knowingly, without the consent of his or her employer, furnish or disclose such matter or information to any person not privileged to acquire it.
(RC 1333.81)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 1333.99(F); Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, except as authorized by law, shall treat a human corpse in a way that he or she knows would outrage reasonable family sensibilities.
(b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree.
(RC 2927.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
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