537.15  THREATENING OR HARASSING TELECOMMUNICATIONS.
   (a)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
      (1)   Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient.
      (2)   Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made.
      (3)   During the telecommunication, violates Ohio R.C. 2903.21 or a substantially equivalent municipal ordinance.
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged.
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.
   (b)   No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person.
   (c)   (1)   Whoever violates divisions (a) or (b) of this section is guilty of telecommunications harassment.
      (2)   A violation of division (a)(1), (a)(2), (a)(3) or (a)(5) or (b) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate State law.
      (3)   Except as otherwise provided in this division (c)(3), a violation of division (a)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate State law.  If a violation of division (a)(4) of this section results in economic harm of five hundred dollars ($500.00) or more, telecommunications harassment is a felony to be prosecuted under appropriate State law.
   (d)   No cause of action may be assessed in any court of this Municipality against any provider of a telecommunications service or information service, or against any officer, employee, or agent of a telecommunications service or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.  A provider of a telecommunications service or information service, or an officer, employee, or agent of a telecommunications service or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employees, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.
   (e)   As used in divisions (a) through (d) of this section:
      (1)   "Caller" means the person described in division (a) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control.
      (2)   "Economic harm" means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct.  The term includes but is not limited to all of the following:
         A.   All wages, salaries or other compensation lost as a result of the criminal conduct;
         B.   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
         C.   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
         D.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      (3)   "Sexual activity" has the same meaning as in Ohio R.C. 2907.01.
      (4)   "Telecommunication" and "telecommunications device" have the same meanings as in Ohio R.C. 2913.01.
   (f)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the "Fair Debt Collection Practices Act," 15 U.S.C. 1692, as amended, or the "Telephone Consumer Protection Act," 47 U.S.C. 227, as amended.
(ORC 2917.21)