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537.01 NEGLIGENT HOMICIDE.
   (a)   No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance, as defined in Ohio R.C. 2923.11.
   (b)   Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(ORC 2903.05)
Statutory reference:
   Reckless homicide, felony offense, see Ohio R.C. 2903.041
537.02 VEHICULAR HOMICIDE; VEHICULAR MANSLAUGHTER; VEHICULAR ASSAULT.
   (a)   No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:
      (1)   A.   As the proximate result of committing a violation of Ohio R.C. 4511.19(A) or of a substantially equivalent municipal ordinance;
         B.   As the proximate result of committing a violation of Ohio R.C. 1547.11(A) or of a substantially equivalent municipal ordinance;
         C.   As the proximate result of committing a violation of Ohio R.C. 4561.15(A)(3) or of a substantially equivalent municipal ordinance.
      (2)   In one of the following ways:
         A.   Recklessly;
         B.   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (d) of this section.
      (3)   In one of the following ways:
         A.   Negligently;
         B.   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (d) of this section.
      (4)   As the proximate result of committing a violation of any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Ohio R.C. Title 45 that is a minor misdemeanor.
   (b)   (1)   Whoever violates division (a)(1) or (2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate State law.
      (2)   A.   Whoever violates division (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (a)(3) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         B.   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
      (3)   A.   Whoever violates division (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         B.   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(6) or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or a traffic-related murder, felonious assault, or attempted murder offense, a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(4).
   (c)   The court shall impose a mandatory jail term of at least 15 days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
   (d)   Divisions (a)(2)B. and (a)(3)B. of this section do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
   (e)   (1)   As used in this section:
         A.   “Construction zone” has the same meaning as in Ohio R.C. 5501.27.
         B.   “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01.
         C.   “Motor vehicle” has the same meaning as in Ohio R.C. 4501.01.
         D.   “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20.
         E.   “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed.
         F.   “Traffic-related homicide, manslaughter, or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07, or 2903.08 as they existed prior to March 23, 2000.
         G.   “Traffic-related murder, felonious assault, or attempted murder offense” means a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02 in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of Ohio R.C. 2903.11(A)(2) in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of Ohio R.C. 2923.02 in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
      (2)   For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of this or another state or the United States.
(ORC 2903.06)
   (f)   Vehicular assault.
      (1)   No person, while operating or participating in the operation of a motor vehicle or motorcycle, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (f)(4) of this section.
      (2)   A.   Except as otherwise provided in this division, vehicular assault committed in violation of division (f)(1) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (f)(1) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of division (f)(1) of this section, R.C. § 2903.08, or any traffic-related homicide, manslaughter, or assault offense.
         B.   In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
      (3)   The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (f)(1) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
      (4)   Division (f)(1) of this section does not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27.
      (5)   As used in this division (f):
         A.   “Construction zone.” Has the same meaning as in R.C. § 5501.27.
         B.   “Mandatory jail term.” Has the same meaning as in R.C. § 2929.01.
         C.   “Speeding offense.” Has the same meaning as in R.C. § 2903.06.
         D.   “Traffic-related homicide, manslaughter, or assault offense.” Has the same meaning as in R.C. § 2903.06.
      (6)   For the purposes of this division (f), when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(R.C. 2903.08(A)(3), (C)(3), (D)(3), (E) - (G))
Statutory reference:
   Vehicular assault and aggravated vehicular assault, felony offenses, see Ohio R.C. 2903.08
   Trial court to suspend driver’s license, see Ohio R.C. 4510.05
537.03 ASSAULT.
   (a)   No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
   (b)   No person shall recklessly cause serious physical harm to another or to another's unborn.
   (c)   Whoever violates division (a) or (b) of this section is guilty of assault. Except as provided in Ohio R.C. 2903.13(C), assault is a misdemeanor of the first degree.
   (d)   If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 (victim of the offense was a woman whom the defendant knew was pregnant at the time of the offense) that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in R.C. § 2929.24(F).
   (e)   A prosecution for a violation of division (a) or (b) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under division (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under division (a) or (b) of this section, the other section of the Ohio Revised Code, the municipal ordinance, or both sections. However, if an offender is convicted of or pleads guilty to a violation of division (a) or (b) of this section and also is convicted of or pleads guilty to a violation of R.C. § 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of division (a) or (b) of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.
(R.C. § 2903.13)
Statutory reference:
   Aggravated and felonious assault, see Ohio R.C. 2903.11 and 2903.12
   Aggravated vehicular assault, felony, see Ohio R.C. 2903.08
   Felony assault offenses, see Ohio R.C. 2903.13(C)
   Permitting child abuse, felony offense, see Ohio R.C. 2903.15
   Persons who may seek relief under anti-stalking protection order; ex parte orders, see Ohio R.C. 2903.214
   Protection order as pretrial condition of release, see Ohio R.C. 2903.213
   Strangulation, felony offense, see R.C. § 2903.18
537.04 NEGLIGENT ASSAULT.
   (a)   No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Ohio R.C. 2923.11, cause physical harm to another or to another's unborn.
   (b)   Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
(ORC 2903.14)
537.05 AGGRAVATED MENACING.
   (a)   No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, such other person’s unborn, or a member of such other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
   (b)   Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony to be prosecuted under appropriate State law or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, a felony to be prosecuted under appropriate State law.
   (c)   As used in this section, “Organization” includes an entity that is a governmental employer.
(ORC 2903.21)
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