525.01 Definitions.
525.02 Falsification.
525.025 False report of child abuse or neglect.
525.03 Impersonating a public official or public servant.
525.04 Compounding a crime.
525.05 Failure to report a crime or death.
525.06 Failure to aid a law enforcement officer.
525.07 Obstructing official business.
525.08 Obstructing justice.
525.09 Resisting arrest.
525.091 Compliance with lawful order of police officer; fleeing.
525.10 Having an unlawful interest in a public contract.
525.11 Soliciting or receiving improper compensation.
525.12 Dereliction of duty.
525.13 Interfering with civil rights.
525.14 Using sham legal process.
525.15 Failure to disclose personal information.
525.16 Misuse of 9-1-1 system.
525.99 Penalty.
CROSS REFERENCES
See sectional history for similar State law
Law enforcement officer defined - see GEN. OFF. 501.01
Misconduct at an emergency - see GEN. OFF. 509.05
Making false alarms - see GEN. OFF. 509.07
Personating an officer to defraud - see GEN. OFF. 545.16
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Campaign committee," "contribution," "legislative campaign fund," "political action committee," "political contributing entity," and "political party." Have the same meanings as in Ohio R.C. 3517.01.
(b) “Contraband.” Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. “Contraband” includes, but is not limited to, all of the following:
(1) Any controlled substance, as defined in Ohio R.C. 3719.01, or any device or paraphernalia related thereto;
(2) Any unlawful gambling device or paraphernalia;
(3) Any dangerous ordnance or obscene material.
(c) "Deadly force." Any force that carries a substantial risk that it will proximately result in the death of any person.
(d) "Detention." Arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this State or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this State into this State by a private person or entity pursuant to a contract entered into under Ohio R.C. 311.29(E) or Ohio R.C. 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site.
(e) "Detention facility." Any public or private place used for the confinement of a person charged with or convicted of any crime in this State or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this State or another state or under the laws of the United States.
(f) "Force." Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
(g) "Law enforcement officer." Any of the following:
(1) A sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D) or state highway patrol trooper.
(2) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority.
(3) The Mayor, in a capacity as chief conservator of the peace within the Municipality.
(4) A member of an auxiliary police force organized by the county, township, or municipal law enforcement authorities, within the scope of the member’s appointment or commission.
(5) A person lawfully called pursuant to Ohio R.C. 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called.
(6) A person appointed by a Mayor pursuant to Ohio R.C. 737.01 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the person is appointed.
(7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence.
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor.
(9) A veterans' home police officer appointed under Ohio R.C. 5907.02.
(10) A member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y).
(11) A special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28.
(12) The House of Representatives Sergeant at Arms if the House of Representatives Sergeant at Arms has arrest authority pursuant to Ohio R.C. 101.311(E)(1) and an Assistant House of Representatives Sergeant at Arms.
(13) The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;
(14) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. Parts 1542 and 1544, as amended.
(h) "Not guilty by reason of insanity." A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in Ohio R.C. 2901.05, that at the time of the commission of the offense, he or she did not know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.
(i) "Offense of violence."
(1) A violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, division (A)(1), (2) or (3) of Ohio R.C. 2911.12, or of division (B)(1), (2), (3) or (4) of Ohio R.C. 2919.22, or felonious sexual penetration in violation of former Ohio R.C. 2907.12;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or of the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3) of this definition.
(j) "Official proceeding." Any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding.
(k) "Party official." Any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.
(l) "Person."
(1) A. Subject to division (2) of this definition, as used in any section contained in this General Offenses Code that sets forth a criminal offense, "person" includes all of the following:
1. An individual, corporation, business trust, estate, trust, partnership and association.
2. An unborn human who is viable.
B. As used in any section contained in this General Offenses Code that does not set forth a criminal offense, “person” includes an individual, corporation, business trust, estate, partnership and association.
C. As used in division (1)A.2. of this definition, “unborn human” means an individual organism of the species Homo sapiens from fertilization until live birth. "Viable" means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding division (1)A. of this definition, in no case shall the portion of the definition of the term "person" that is set forth in division (1)A.2. of this definition be applied or construed in any section contained in this General Offenses Code that sets forth a criminal offense in any of the following manners:
A. Except as otherwise provided in division (2)A. of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or any substantially equivalent municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate Ohio R.C. 2919.12, 2919.13(B), 2919.151, 2919.17 or 2919.18, or any substantially equivalent municipal ordinance, may be punished as a violation of such section, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with Ohio R.C. 2919.12.
B. In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
1. Her delivery of a stillborn baby.
2. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
3. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
4. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
5. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(m) "Physical harm to persons." Any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(n) "Physical harm to property." Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.
(o) "Privilege." An immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity.
(p) "Property."
(1) Any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(2) As used in this definition, "trade secret" has the same meaning as in Ohio R.C. 1333.61, and "telecommunications service" and "information service" have the same meanings as in Ohio R.C. 2913.01.
(3) As used in this definition and in the definition of "contraband" in this section, "cable television service," "computer," "computer network," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.
(q) "Provider agreement" and "medical assistance program." Have the same meanings as in Ohio R.C. 2913.40.
(r) "Public official." Any elected or appointed officer, employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers.
(s) "Public servant." Any of the following:
(1) Any public official.
(2) Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.
(3) A person who is a candidate for public office, whether or not he or she is elected or appointed to the office for which he or she is a candidate. A person is a candidate for purposes of this division if he or she has been nominated according to law for election or appointment to public office, or if he or she has filed a petition or petitions as required by law to have his or her name placed on the ballot in a primary, general, or special election, or if he or she campaigns as a write-in candidate in any primary, general, or special election.
(t) "Risk." A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
(u) "School," "school building," and "school premises." Have the same meanings as in Ohio R.C. 2925.01.
(v) "School activity." Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district, a governing board of an educational service center, or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07.
(w) "School bus." Has the same meaning as in Ohio R.C. 4511.01.
(x) "School safety zone." Consists of a school, school building, school premises, school activity, and school bus.
(y) "Serious physical harm to persons." Any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(2) Any physical harm that carries a substantial risk of death;
(3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(4) Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.
(z) "Serious physical harm to property." Any physical harm to property that does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time.
(aa) "Substantial risk." A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
(bb) "Valuable thing" or "valuable benefit." Includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.
(ORC 2901.01, 2921.01)
(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate another.
(3) The statement is made with purpose to mislead a public official in performing his or her official function.
(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio Works First; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in Ohio R.C. 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.
(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.
(8) The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to his or her detriment.
(9) The statement is made with purpose to commit or facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record, stamp, label or other writing that is required by law.
(12) The statement is made in connection with the purchase of a firearm, as defined in Ohio R.C. 2923.11, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.
(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.
(14) The statement is made in an application filed with a county sheriff pursuant to R.C. § 2923.125 in order to obtain or renew a concealed handgun license or is made in an affidavit submitted to a county sheriff to obtain a concealed handgun license on a temporary emergency basis under R.C. § 2923.1213.
(15) The statement is required under Ohio R.C. 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.
(b) No person, in connection with the purchase of a firearm as defined in Ohio R.C. 2923.11, shall knowingly furnish to the seller of the firearm a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity.
(c) No person, in an attempt to obtain a concealed handgun license under R.C. § 2923.125, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person’s competence in handling a handgun as described in division (B)(3) of that section.
(d) It is no defense to a charge under division (a)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
(e) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
(f) (1) Whoever violates division (a)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), or (15) of this section is guilty of falsification. Except as otherwise provided in this division, falsification is a misdemeanor of the first degree.
(2) Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars ($1,000) or more, falsification in a theft offense is a felony to be prosecuted under appropriate State law.
(3) Whoever violates division (a)(12) or (b) of this section is guilty of falsification to purchase a firearm, a felony to be prosecuted under appropriate State law.
(4) Whoever violates division (a)(14) or (c) of this section is guilty of falsification to obtain a concealed handgun license, a felony to be prosecuted under appropriate State law.
(5) Whoever violates division (a) of this section in removal proceedings under R.C. § 319.26, 321.37, 507.13 or 733.78 is guilty of falsification regarding a removal proceeding, a felony to be prosecuted under appropriate state law.
(ORC 2921.13)
(g) (1) No person who has knowingly failed to maintain proof of financial responsibility in accordance with Ohio R.C. 4509.101 shall produce any document or present to a peace officer an electronic wireless communications device that is displaying any text or images with the purpose to mislead a peace officer upon the request of a peace officer for proof of financial responsibility made in accordance with Ohio R.C. 4509.101(D)(2).
(2) Whoever violates this division (g) is guilty of falsification, a misdemeanor of the first degree.
(ORC 4509.102)
Statutory reference:
Civil liability for violations of this section, see R.C. § 2921.13(G)
(a) No person shall knowingly make or cause another person to make a false report under Ohio R.C. 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in Ohio R.C. 2151.031 or a neglected child as defined in Ohio R.C. 2151.03.
(b) Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(ORC 2921.14)
(a) No person shall falsely pretend or represent himself to be a public official or public servant with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.
(b) Whoever violates this section is guilty of impersonating a public official or public servant, a misdemeanor of the second degree.
(a) No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
(b) It is an affirmative defense to a charge under this section when both of the following apply:
(1) The pending prosecution involved is for a violation of Ohio R.C. 2913.02, 2913.11, 2913.21(B)(2), or 2913.47, or a substantially equivalent municipal ordinance, of which the actor under this section was the victim.
(2) The thing of value demanded, accepted, or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.
(c) When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, the abandonment or agreement in no way binds the State to abandoning the prosecution.
(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
(ORC 2921.21)
(a) (1) Except as provided in division (a)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.
(2) No person, knowing that a violation of Ohio R.C. 2913.04(B) has been or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.
(b) Except for conditions that are within the scope of division (e) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
(c) No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained. For purposes of this division, “advanced practice registered nurse” does not include a certified registered nurse anesthetist.
(d) No person shall fail to provide upon request of the person to whom a report required by division (c) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his or her knowledge that may have a bearing on the investigation of the death.
(e) (1) As used in this section, “burn injury” means any of the following:
A. Second or third degree burns;
B. Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
C. Any burn injury or wound that may result in death.
(2) No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(4) No person who is required to report any burn injury under division (e)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the State Fire Marshal. The report shall be made on a form provided by the State Fire Marshal.
(5) Anyone participating in the making of reports under division (e) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding Ohio R.C. 4731.22, the physician-patient relationship or advanced practice registered nurse-patient relationship is not a ground for excluding evidence regarding a person’s burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under division (e) of this section.
(f) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in Ohio R.C. 3113.31, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
(2) Notwithstanding Ohio R.C. 4731.22, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (f)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
(g) Division (a) or (d) of this section does not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
(2) The information would tend to incriminate a member of the actor’s immediate family.
(3) Disclosure of the information would amount to revealing a news source, privileged under Ohio R.C. 2739.04 or 2739.12.
(4) Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member of the clergy in that member’s capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.
(5) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program of treatment or services for persons with drug dependencies or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to R.C. § 5119.36.
(6) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of R.C. § 2907.02 or R.C. § 2907.05 or to victims of felonious sexual penetration in violation of former R.C. § 2907.12. As used in this division, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.
(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a)(1) of this section is a misdemeanor of the fourth degree. Violation of division (a)(2) or (b) of this section is a misdemeanor of the second degree.
(j) Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(k) (1) Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree.
(l) As used in this section, “nurse” includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.
(ORC 2921.22)
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