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(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ARCHIVAL INSTITUTION. Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(2) AUDIOVISUAL RECORDING FUNCTION and FACILITY. Have the same meaning as in R.C. § 2913.07.
(3) MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
(4) PRETRIAL DIVERSION PROGRAM. Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
(b) A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
(c) Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (c)(2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has:
(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or
(2) With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
(d) An officer, agent or employee of a library, museum or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
(1) To recover the property that is the subject of the unlawful taking, criminal mischief or theft;
(2) To cause an arrest to be made by a peace officer;
(3) To obtain a warrant of arrest;
(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
(e) The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. § 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
(f) The officer, agent or employee of the library, museum or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
(g) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (c)(2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. § 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(R.C. § 2935.041)
(a) No person who is in a public place shall refuse to disclose the person’s name, address or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
(1) The person is committing, has committed or is about to commit a criminal offense.
(2) The person witnessed any of the following:
A. An offense of violence that would constitute a felony under the laws of this state;
B. A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
C. Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section;
D. Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy or complicity described in division (a)(2)C. of this section has been, is being or is about to be committed.
(b) Whoever violates division (a) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
(c) Nothing in division (a) of this section requires a person to answer any questions beyond that person’s name, address or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address or date of birth or for refusing to describe the offense observed.
(d) It is not a violation of division (a) of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(R.C. § 2921.29)
(e) No person entering an airport, train station, port or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
(f) A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(R.C. § 2909.31)
(a) As used in this section, “9-1-1 system” means a system through which individuals can request emergency service using the telephone number 9-1-1.
(R.C. § 128.01(A))
(b) No person shall knowingly use the telephone number of a 9-1-1 system established under R.C. Chapter 128 to report an emergency if the person knows that no emergency exists.
(c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.
(d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the database that serves the public safety answering point of a 9-1-1 system established under R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances:
(1) For the purpose of the 9-1-1 system;
(2) For the purpose of responding to an emergency call to an emergency service provider;
(3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
(4) In the circumstance of access to a database being given by a telephone company that is a wireless service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms and conditions for the disclosure or use of the information for the purpose of such access to a database shall be subject to the jurisdiction of the Steering Committee;
(5) In the circumstance of access to a database given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the Steering Committee. The charge, terms and conditions for the disclosure or use of that information for the purpose of access to a database is subject to the jurisdiction of the Steering Committee.
(R.C. § 128.32(E) - (G))
(e) (1) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(R.C. § 128.99(A), (B))
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) LAWFULLY ISSUED. Adopted, issued or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state and the political subdivisions of a state.
(2) POLITICAL SUBDIVISIONS. Municipal corporations, townships, counties, school districts and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
(3) SHAM LEGAL PROCESS. An instrument that meets all of the following conditions:
A. It is not lawfully issued.
B. It purports to do any of the following:
1. To be a summons, subpoena, judgment or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
2. To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers or privileges of any person or property.
3. To require or authorize the search, seizure, indictment, arrest, trial or sentencing of any person or property.
C. It is designed to make another person believe that it is lawfully issued.
(4) STATE. A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions and other instrumentalities of the state. “State” does not include the political subdivisions of the state.
(b) No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
(1) Knowingly issue, display, deliver, distribute or otherwise use sham legal process.
(2) Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
(3) Knowingly commit or facilitate the commission of an offense using sham legal process.
(4) Knowingly commit a felony by using sham legal process.
(c) It is an affirmative defense to a charge under division (b)(1) or (b)(2) of this section that the use of sham legal process was for a lawful purpose.
(d) Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate state law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.52(A) - (D))