Loading...
(a) No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (a)(1), (2) or (3) of this section from the parent, guardian, or custodian of the person identified in division (a)(1), (2) or (3) of this section:
(1) A child under the age of 18, or a child with a mental or physical disability under the age of 21;
(2) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
(3) A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
(b) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
(c) It is an affirmative defense to a charge of enticing or taking under division (a)(1) of this section that the actor reasonably believed that his or her conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (a) of this section that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection, or influence.
(d) Whoever violates this section is guilty of interference with custody.
(1) Except as otherwise provided in this subdivision, a violation of division (a)(1) above is a misdemeanor of the first degree. If the child who is the subject of a violation of division (a)(1) is removed from the State or if the offender previously has been convicted of an offense under this section or a substantially similar state law or municipal ordinance, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law. If the child who is the subject of a violation of division (a)(1) suffers physical harm as a result of the violation, a violation of division (a)(1) of this section is a felony to be prosecuted under appropriate State law.
(2) A violation of division (a)(2) or (3) of this section is a misdemeanor of the third degree.
(3) A violation of division (b) of this section is a misdemeanor of the first degree. Each day of a violation of division (b) is a separate offense.
(ORC 2919.23)
(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 child with a mental or physical disability 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 child with a mental or physical disability 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 such 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 Ohio 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 Ohio R.C. 2925.04 or 2925.041 that is the basis of the violation of this division.
(c) Special functions.
(1) Any school, church, lodge or other organization which desires to entertain minors who have not attained their eighteenth birthday, which entertainment requires minors to be out at a later hour than that permitted in this section, shall make application to either the Mayor, the Safety-Service Director, or the Chief of Police for permission to have the minors stay out to this later hour.
(2) The application shall state the time the entertainment is to end and minors who attend the functions are required to comply with division (a) of this section within one-half hour after the function is ended.
(d) Work certificates.
(1) Any minor who has attained his sixteenth birthday, who has a working certificate and whose work may require him to be out at hours later than those specified in this section, may make application to the Mayor, the Safety-Service Director or the Chief of Police for written permission to be out at such hours.
(2) The Mayor, Director or Chief may grant such permission, but the minor shall not be out later than one-half hour beyond the time that his work ends.
(e) Responsibility of parent or guardian. No parent, guardian or other adult person having the care and custody of a minor shall knowingly permit the minor to violate division (a) of this section.
(f) Penalty.
(1) Any minor violating any of the provisions of this section shall be taken to the City Hall and the parent, guardian or other adult person having the care and custody of the minor shall be notified to come to the City Hall and take personal charge of the minor. The minor shall be released only to such parent, guardian or other adult person having the care and custody of the minor or to the juvenile authorities.
(2) Any minor found in violation of this section who has once before been held by the authorities for a violation of this section shall be held for the juvenile authorities and shall be dealt with in accordance with Juvenile Court law and procedure.
(Ord. 1283. Passed 2-15-54.)
(3) Whoever violates division (e) of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(EDITOR’S NOTE: This section was formerly based on R.C. § 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that R.C. § 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).)
(a) As used in this section:
(1) "Delinquent child." Has the same meaning as in R.C. § 2152.02.
(2) "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)