(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under 18 years of age or a mentally or physically disabled child under 21 years of age, shall create a substantial risk to the health or safety of the child by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this division when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(b) No person shall do any of the following to a child under 18 years of age or a mentally or physically disabled child under 21 years of age:
(1) Abuse the child.
(2) Torture or cruelly abuse the child.
(3) Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
(4) Repeatedly administer unwarranted disciplinary measures to a child when there is a substantial risk that this conduct, if continued, will seriously impair or retard the child’s mental health or development.
(5) Entice, coerce, permit, encourage, compel, hire, employ, use or allow the child to act, model or in any other way participate in, or be photographed for, the production, presentation, dissemination or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter or is nudity-oriented matter.
(6) Allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, any act in violation of R.C. § 2925.04 or 2925.041 when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of R.C. § 2925.04 or 2925.041 that is the basis of the violation of this division.
(c) (1) No person shall operate a vehicle, as defined by R.C. § 4511.01, within the municipality and in violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of R.C. §§ 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(2) For the purpose of division (c)(1) above, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. CONTROLLED SUBSTANCE.
Has the same meaning as in R.C. § 3719.01.
B. VEHICLE.
Has the same meaning as in R.C. § 4511.01.
(d) (1) Division (b)(5) above does not apply to any material or performance that is produced, presented or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies for research, librarian, member of the clergy, prosecutor, judge or other person having a proper interest in the material or performance.
(2) Mistake of age is not a defense to a charge under division (b)(5) above.
(3) In a prosecution under division (b)(5) above, the trier of fact may infer that an actor, model or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation or otherwise, represents or depicts the actor, model or participant as a juvenile.
(4) For the purpose of this division and division (b)(5) above, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. MATERIAL, PERFORMANCE, OBSCENE
and
SEXUAL ACTIVITY.
Have the same meanings as in R.C. § 2907.01.
B. NUDITY-ORIENTED MATTER.
Any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
C. SEXUALLY ORIENTED MATTER
. Any material or performance that shows a minor participating or engaging in sexual activity, masturbation or bestiality.
(e) Whoever violates this section is guilty of endangering children.
(1) If the offender violates division (a) or (b)(1) above, endangering children is one of the following:
A. Except as otherwise provided in division (e)(1)B., (e)(1)C. or (e)(1)D., a misdemeanor of the first degree.
B. If the offender previously has been convicted of an offense under this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(1)C. or (e)(1)D. below, endangering children is a felony to be prosecuted under appropriate state law.
C. If the violation is a violation of division (a) above and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
D. If the violation is a violation of division (b)(1) above and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
(2) If the offender violates division (b)(2), (b)(3), (b)(4), (b)(5) or (b)(6) above, endangering children is a felony to be prosecuted under appropriate state law.
(3) If the offender violates division (c) above, the offender shall be punished as follows:
A. Except as provided in (e)(3)B. or (e)(3)C., endangering children in violation of division (c) above is a misdemeanor of the first degree.
B. If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially equivalent state law or municipal ordinance, or of any offense involving neglect, abandonment or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (e)(3)C. below, endangering children in violation of division (c) of this section is a felony to be prosecuted under appropriate state law.
C. If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, R.C. §§ 2903.06, 2903.08, 2919.22(C) or former R.C. § 2903.07 as it existed prior to March 23, 2000, or R.C. § 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (c) above is a felony to be prosecuted under appropriate state law.
D. In addition to any term of imprisonment, fine or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (e)(3)A., (e)(3)B. or (e)(3)C. above or pursuant to any other provision of law and in addition to any suspension of the offender’s driver’s license or commercial driver’s license or permit or nonresident operating privilege under R.C. Chapter 4506, Chapter 4509, Chapter 4510 or Chapter 4511, or any other provision of law, the court also may impose upon the offender a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
E. In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (e)(3)A., (e)(3)B., (e)(3)C. or (e)(3)D. above or pursuant to any other provision of law for the violation of division (c) above, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) above, the offender also shall be sentenced in accordance with R.C. § 4511.19, or a substantially equivalent municipal ordinance, for that violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance.
(f) (1) If a person violates division (c) above and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (c) above for each of the children, but the court may sentence the offender for only one of the violations.
(2) A. If a person is convicted of or pleads guilty to a violation of division (c) above but the person is not also convicted of and does not also plead guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) above, both the following apply:
1. For purposes of the provisions of R.C. § 4511.19, or a substantially equivalent municipal ordinance, that set forth the penalties and sanctions for a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, the conviction of or plea of guilty to the violation of division (c) above shall not constitute a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
2. For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, and that is not described in division (f)(2)A.1. above, the conviction of or plea of guilty to the violation of division (c) above shall constitute a conviction or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance.
B. If a person is convicted of or pleads guilty to a violation of division (c) above and the person also is convicted of or pleads guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that was the basis of the charge of the violation of division (c) above, the conviction of or plea of guilty to the violation of division (c) above shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance, a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially equivalent municipal ordinance.
(R.C. § 2919.22(A) - (E), (H))
Statutory reference:
Community service, requirements, see R.C. § 2919.22(F)
License suspension, requirements, see R.C. § 2919.22(G)
Permitting child abuse, felony offense, see R.C. § 2903.15