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(A) No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:
(1) Place a pin, needle, razor blade, glass, laxative, drug of abuse or other harmful or hazardous object or substance in any food or confection;
(2) Furnish to any person any food or confection which has been adulterated in violation of division (A)(1) above.
(R.C. § 3716.11)
(B) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 3716.99(C))
('80 Code, § 537.13) Penalty, see § 130.99
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(D) (1) Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (D)(2) to (D)(5) of this section.
(2) Except as otherwise provided in division (D)(3), (D)(4) or (D)(5) of this section, a violation of division (C) of this section is a misdemeanor of the fourth degree and a violation of division (A) or (B) of this section is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to domestic violence, a violation of R.C. §§ 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (A) or (B) is a felony to be prosecuted under appropriate state law. A violation of division (C) is a misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (E)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (B) or (C) of this section is a felony to be prosecuted under appropriate state law, and a violation of division (D) of this section is a misdemeanor of the first degree.
(5) Except as otherwise provided in division (D)(3) or (D)(4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (A) or (B) of this section is a felony to be prosecuted under appropriate state law, and a violation of division (C) of this section is a misdemeanor of the third degree.
(E) Notwithstanding any provision of law to the contrary, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially similar to this section or in connection with the prosecution of any charges so filed.
(F) As used in this section:
FAMILY OR HOUSEHOLD MEMBER. Means any of the following:
(a) Any of the following who is residing or has resided with the offender:
1. A spouse, a person living as a spouse as defined below, or a former spouse of the offender;
2. A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
PERSON LIVING AS A SPOUSE. Means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(R.C. § 2919.25)
(G) The same relief available under the Ohio Revised Code for filing a complaint for violation of R.C. § 2919.25 shall be available for filing a complaint for violation of this section.
('80 Code, § 537.14) Penalty, see § 130.99
(A) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to R.C. §§ 2919.26 or 3113.31;
(2) A protection order issued pursuant to R.C. § 2151.34, 2903.213 or 2903.214;
(3) A protection order issued by a court of another state.
(B) (1) Whoever violates this section is guilty of violating a protection order.
(2) Except as otherwise provided in division (B)(3) or (4) of this section, violating a protection order is a misdemeanor of the first degree.
(3) Violating a protection order is a felony to be prosecuted under appropriate state law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:
(a) A violation of a protection order issued or consent agreement approved pursuant to R.C. § 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31, or any substantially equivalent state law or municipal ordinance;
(b) Two or more violations of R.C. § 2903.21, 2903.211, 2903.22, or 2911.211, or any substantially equivalent state law or municipal ordinance, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement;
(c) One or more violations of this section, or any substantially equivalent state law or municipal ordinance.
(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony to be prosecuted under appropriate state law.
(5) If the protection order violated by the offender was an order issued pursuant to R.C. § 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device.
(C) It is an affirmative defense to a charge under division (A)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 USC 2265(b) for a protection order that must be accorded full faith a credit by a court of this state or that it is not entitled to full faith and credit under 18 USC 2265(c).
(D) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.
(E) As used in this section, PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. The term does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.
(R.C. § 2919.27) ('80 Code, § 537.15) Penalty, see § 130.99
(A) Illegal distribution of cigarettes, other tobacco products, or alternative nicotine products.
(1) As used in this section:
AGE VERIFICATION
. A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is 21 years of age or older.
ALTERNATIVE NICOTINE PRODUCT.
1. Subject to division 2. of this definition, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
2. The phrase does not include any of the following:
a. Any cigarette or other tobacco product;
b. Any product that is a “drug” as that term is defined in 21 U.S.C. § 321(g)(1);
c. Any product that is a “device” as that term is defined in 21 U.S.C. § 321(h);
d. Any product that is a “combination product” as described in 21 U.S.C. § 353(g).
CHILD (INCLUDES CHILDREN). Has the same meaning as in R.C. § 2151.011.
CIGARETTE.
Includes clove cigarettes and hand-rolled cigarettes.
DISTRIBUTE.
Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
ELECTRONIC CIGARETTE
.
1. Subject to division 2. of this definition, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
2. The phrase does not include any item, product, or device described in division 2. of the definition for “alternative nicotine product” in this section.
PERSON UNDER 21. For purposes of this section, means a natural person who has reached the age of 18 years but has not yet reached the age of 21 years.
PROOF OF AGE. Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under R.C. §§ 4507.50 to 4507.52 that shows that a person is 21 years of age or older.
TOBACCO PRODUCT. Means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.
VENDING MACHINE. Has the same meaning as “coin machine” in R.C. § 2913.01.
(2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:
(a) Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any child;
(b) Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age is prohibited by law. Each day that the required sign is not posted shall constitute a separate offense;
(c) Knowingly furnish any false information regarding the name, age, or other identification of any child or person under 21 with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that child or person under 21;
(d) Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than 20 cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(e) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(f) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification;
(g) Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any person under 21.
(3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:
(a) An area within a factory, business, office, or other place not open to the general public;
(b) An area to which children are not generally permitted access;
(c) Any other place not identified in division (A)(3)(a) or (A)(3)(b) of this section, upon all of the following conditions:
1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.
2. The vending machine is inaccessible to the public when the place is closed.
(4) The following are affirmative defenses to a charge under division (A)(2)(a) and (A)(2)(g) of this section:
(a) The child or person under 21 was accompanied by a parent, spouse who is 18 years of age or older, or legal guardian of the child.
(b) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child under division (A)(2)(a) of this section or to a person under 21 under division (A)(2)(g) of this section is a parent, spouse who is 18 years of age or older, or legal guardian of the child or person under 21.
(5) It is not a violation of division (A)(2)(a), (A)(2)(b), or (A)(2)(g) of this section for a person to give or otherwise distribute to a child or person under 21 cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child or person under 21 is participating in a research protocol if all of the following apply:
(a) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol, or the person under 21 has consented in writing on his or her own behalf.
(b) An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
(c) The child or person under 21 is participating in the research protocol at the facility or location specified in the research protocol.
(6) It is not a violation of division (A)(2)(g) of this section to give a person under 21 cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes if the transfer is done in the course of the person under 21's employment and the person under 21 is not the end consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(7) (a) Whoever violates division (A)(2)(a), (A)(2)(b), (A)(2)(d), (A)(2)(e), or (A)(2)(f) or (A)(3) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (A)(2)(a), (A)(2)(b), (A)(2)(d), (A)(2)(e), or (A)(2)(f) or (A)(3) of this section or a substantially equivalent state law or municipal ordinance, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(b) Whoever violates division (A)(2)(c) of this section is guilty of permitting children to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting children to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (A)(2)(c) of this section or a substantially equivalent state law or municipal ordinance, permitting children to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(c) Whoever violates division (A)(2)(g) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products to a person under 21. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products to a person under 21 shall be a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (A)(2)(c) or (A)(2)(g) of this section or a substantially equivalent state law or municipal ordinance, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products to a person under 21 is a misdemeanor of the third degree.
(d) It is the purpose of this section to impose organizational liability, per § 130.11, for violation of division (A)(2)(g) of this section. Such liability shall apply to the corporation, limited liability company, partnership, sole proprietorship, or other entity or natural person acting as the principal or employer to the agent or employee who actually sells, gives, or otherwise distributes cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21. It shall be the policy of the City of Dublin to prefer citation on the organization selling, distributing, or otherwise giving cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21. Provided, however, that this shall not preclude citation of an individual agent or employee for violation of division (A)(2)(g).
(8) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child in violation of R.C. § 2151.87 are subject to seizure and forfeiture as contraband under R.C. Chapter 2981.
(R.C. § 2927.02) ('80 Code, § 537.16)
(B) Transaction scan.
(1) As used in this division and division (C) of this section:
CARD HOLDER.
Means any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent, or employee.
IDENTIFICATION CARD.
Means an identification card issued under R.C. §§ 4507.50 through 4507.52.
SELLER.
Means a seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of division (A) of this section.
TRANSACTION SCAN.
Means the process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products.
TRANSACTION SCAN DEVICE.
Means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card.
(2) (a) A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products.
(b) If the information deciphered by the transaction scan performed under division (B)(2)(a) of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder.
(c) Division (B)(2)(a) of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away, or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document.
(3) Rules adopted by the Registrar of Motor Vehicles under R.C. § 4301.61(C) apply to the use of transaction scan devices for purposes of this division (B) and division (C) of this section.
(4) (a) No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:
1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder;
2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder.
(b) No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (B)(4)(a) of this section, except for purposes of division (C) of this section.
(c) No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (C)(2)(a) of this section.
(d) No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (C) of this section or another section of this code or the Ohio Revised Code.
(5) Nothing in this division (B) or division (C) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away, or other distribution of cigarettes, other tobacco products, or alternative nicotine products.
(6) Whoever violates division (B)(2)(b) or (B)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to $1,000 for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(C) Affirmative defenses.
(1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (A) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(a) A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card.
(b) A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
(c) The cigarettes, other tobacco products, or alternative nicotine products were sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (C)(1) of this section, the trier of fact in the action for the alleged violation of division (A) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (A) of this section. For purposes of division (C)(1)(c) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
(a) Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is 21 years of age or older;
(b) Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
(3) In any criminal action in which the affirmative defense provided by division (C)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under R.C. §§ 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.
(D) Shipment of tobacco products.
(1) As used in this division (D):
AUTHORIZED RECIPIENT OF TOBACCO PRODUCTS
means a person who is:
1. Licensed as a cigarette wholesale dealer under R.C. § 5743.15;
2. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed;
3. An export warehouse proprietor as defined in Section 5702 of the Internal Revenue Code;
4. An operator of a customs bonded warehouse under 19 U.S.C. § 1311 or 19 U.S.C. § 1555;
5. An officer, employee, or agent of the federal government or of this state acting in the person’s official capacity;
6. A department, agency, instrumentality, or political subdivision of the federal government or of this state;
7. A person having a consent for consumer shipment issued by the Tax Commissioner under R.C. § 5743.71.
MOTOR CARRIER. Has the same meaning as in R.C. § 4923.01.
(2) The purpose of this division (D) is to prevent the sale of cigarettes to minors and to ensure compliance with the Master Settlement Agreement, as defined in R.C. § 1346.01, and to prevent the sale of cigarettes, alternative nicotine products, or other tobacco products to persons under 21.
(3) (a) No person shall cause to be shipped any cigarettes, alternative nicotine products, or other tobacco products to any person in this municipality other than an authorized recipient of tobacco products.
(b) No motor carrier or other person shall knowingly transport cigarettes, alternative nicotine products, or other tobacco products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, alternative nicotine products, or other tobacco products are transported to a home or residence, it shall be presumed that the motor carrier or other person knew that the person to whom the cigarettes, alternative nicotine products, or other tobacco products were delivered was not an authorized recipient of tobacco products.
(4) No person engaged in the business of selling cigarettes, alternative nicotine products, or other tobacco products who ships or causes to be shipped cigarettes, alternative nicotine products, or other tobacco products to any person in this municipality in any container or wrapping other than the original container or wrapping of the cigarettes, alternative nicotine products, or other tobacco products shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, alternative nicotine products, or other tobacco products are shipped with the words “cigarettes,” or otherwise indicate that the container contains cigarettes, alternative nicotine products, or other tobacco products.
(5) A court shall impose a fine of up to $1,000 for each violation of division (D)(3)(a), (D)(3)(b) or (D)(4) of this section.
(E) License required.
(2) Violation of this provision is a misdemeanor of the first degree.
(Ord. 24-17, passed 12-4-17) Penalty, see § 130.99
(A) As used in this section:
DELINQUENT CHILD. Has the same meaning as in R.C. § 2152.02.
UNRULY CHILD. Has the same meaning as in R.C. § 2151.022.
(B) No person, including a parent, guardian, or other custodian of a child, shall do any of the following:
(1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child;
(2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child;
(3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant;
(4) If the person is the parent, guardian, or custodian of a child who has the duties under R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in R.C. § 2919.121, fail to ensure that the child complies with those duties under R.C. Chapters 2152 and 2950.
(C) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense.
(R.C. § 2919.24) ('80 Code, § 537.18) Penalty, see § 130.99
(A) As used in this section:
YOUTH SMOKING EDUCATION PROGRAM. A private or public agency program that is related to tobacco use, prevention, and cessation, that is carried out or funded by the tobacco use prevention and control foundation pursuant to R.C. § 183.07, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than 12 hours in duration.
(B) No child shall do any of the following unless accompanied by a parent, spouse who is 18 years of age or older, or legal guardian of the child:
(1) Use, consume, or possess cigarettes, other tobacco products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase cigarettes, other tobacco products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of cigarettes, other tobacco products, or papers used to roll cigarettes; or
(4) Except as provided in division (E) of this section, accept or receive cigarettes, other tobacco products, or papers used to roll cigarettes.
(C) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining cigarettes, other tobacco products, or papers used to roll cigarettes.
(D) A juvenile court shall not adjudicate a child a delinquent or unruly child for a violation of division (B)(1), (2), (3), or (4) or (C) or this section.
(E) (1) It is not a violation of division (B)(4) of this section for a child to accept or receive cigarettes, other tobacco products, or papers used to roll cigarettes if the child is required to do so in the performance of the child's duties as an employee of that child's employer and the child's acceptance or receipt of cigarettes, other tobacco products, or papers used to roll cigarettes occurs exclusively within the scope of the child's employment.
(2) It is not a violation of division (B)(1), (2), (3) or (4) of this section if the child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives cigarettes, other tobacco products, or papers used to roll cigarettes while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which cigarettes, other tobacco products, or papers used to roll cigarettes are sold or distributed.
(F) Penalty.
(1) If a juvenile court finds that a child violated division (B)(1), (2), (3), or (4) or (C) of § 135.20, the court may do either or both of the following:
(a) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(b) Impose a fine of not more than $200 and not more than 25 hours of community service.
(2) If a child disobeys a juvenile court order issued pursuant to division (F)(1) of this section, the court may do any or all of the following:
(a) Increase the fine imposed upon the child under division (F)(1)(b) of this section;
(b) Increase the number of community service hours imposed upon the child under division (F)(1)(b) of this section;
(c) Suspend for a period of 30 days the temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(3) A child alleged or found to have violated division (B) or (C) of § 135.20 shall not be detained under any provision of this chapter or any other provision of this code or the Revised Code of Ohio.
(Ord. 158-00, passed 12-11-00)
(A) No person shall knowingly collect any blood, urine, tissue, or other bodily substance of another person without privilege or consent to do so.
(B) (1) Division (A) of this section does not apply to any of the following:
(a) The collection of any bodily substance of a person by a law enforcement officer, or by another person pursuant to the direction or advice of a law enforcement officer, for purposes of a chemical test or tests of the substance under R.C. § 1547.111(A)(1) or R.C. § 4511.191(A)(2) to determine the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the bodily substance;
(b) The collection of any bodily substance of a person by a peace officer, or by another person pursuant to the direction or advice of a peace officer, for purposes of a test or tests of the substance as provided in R.C. § 4506.17(A) to determine the person’s alcohol concentration or the presence of any controlled substance or metabolite of a controlled substance.
(2) Division (B)(1) of this section shall not be construed as implying that the persons identified in divisions (B)(1)(a) and (b) of this section do not have privilege to collect the bodily substance of another person as described in those divisions or as limiting the definition of “privilege” set forth in R.C. § 2901.01.
(C) Whoever violates division (A) of this section is guilty of unlawful collection of a bodily substance. Except as otherwise provided in this division, unlawful collection of a bodily substance is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section or a substantially equivalent state law or municipal ordinance, unlawful collection of a bodily substance is a felony to be prosecuted under appropriate state law.
(R.C. § 2927.15)
(A) No child care provider shall knowingly misrepresent any factor or condition that relates to the provision of child care and that substantially affects the health or safety of any child or children in that provider’s facility or receiving child care from that provider to any of the following:
(1) A parent, guardian, custodian, or other person responsible for the care of a child in the provider’s facility or receiving child care from the provider;
(2) A parent, guardian, custodian, or other person responsible for the care of a child who is considering the provider as a child care provider for the child;
(3) A public official responsible for issuing the provider a license or certificate to provide child care;
(4) A public official investigating or inquiring about the provision of child care by the provider;
(5) A peace officer.
(B) For the purposes of this section, “any factor or condition that relates to the provision of child care” includes, but is not limited to, the following:
(1) The person or persons who will provide child care to the child of the parent, guardian, custodian, or other person responsible for the care of the child, or to the children in general;
(2) The qualifications to provide child care of the child care provider, of a person employed by the provider, or of a person who provides child care as a volunteer;
(3) The number of children to whom child care is provided at one time or the number of children receiving child care in the child care facility at one time;
(4) The conditions or safety features of the child care facility;
(5) The area of the child care facility in which child care is provided.
(C) Whoever violates division (A) of this section is guilty of misrepresentation by a child care provider, a misdemeanor of the first degree.
(R.C. § 2919.224)