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(a) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31;
(2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214;
(3) A protection order issued by a court of another state.
(b) (1) Whoever violates this section is guilty of violating a protection order.
(2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree.
(3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:
A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31;
B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement;
C. One or more violations of this section.
(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law.
(5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device.
(c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).
(d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.
(e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child.
(ORC 2919.27)
(a) No person shall abandon, or fail to provide adequate support to:
(1) His or her spouse, as required by law;
(2) His or her legitimate or illegitimate child under eighteen or mentally or physically handicapped child under twenty-one;
(3) His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support;
(4) Any person whom, by law or by court order or decree, the offender is legally obliged to support;
(b) It is an affirmative defense to a charge under this section that the actor was unable to provide adequate support, and provided such support as was within his ability and means.
(c) It is an affirmative defense to a charge under subsection (a)(3) hereof that the parent abandoned or failed to support the actor as required by law, while the actor was under age eighteen, or was mentally or physically handicapped and under age twenty-one.
(d) Whoever violates this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. (ORC 2919.21; Ord. 80-1973. Passed 12-10-73.)
(a) No person, knowing he is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from his parent, guardian or custodian:
(1) A child under the age of eighteen or a mentally or physically handicapped child under the age of twenty-one;
(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 the mentally ill or mentally deficient.
(b) It is an affirmative defense to a charge of enticing or taking under subsection (a)(1) hereof that the actor reasonably believed that his conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under subsection (a) hereof, 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 shelter, protection or influence.
(c) Whoever violates this section is guilty of interference with custody, a misdemeanor of the third degree.
(ORC 2919.23)
(ORC 2919.23)
(a) Except as provided in this section, or as permitted under the laws of the United States, no person shall willfully, surreptitiously and by means of any device listen to, transmit, amplify or record a private oral communication carried on in circumstances which reasonably indicate that the parties thereto desire it to be confined to them, and no person shall willfully disclose or willfully use or attempt to use any information, knowing or having reasonable cause to believe such information was obtained in violation of this section.
(b) This section shall not apply to an employer and his respective employees when any and all communication is confined to such employer and/or employees and no persons of the general public (nonemployees) are involved and the following conditions are met:
(1) Such monitoring, listening to, transmission, amplification or recording is reasonably necessary to preserve the efficiency of such employer's operation; and
(2) Any employee subject to monitoring, listening to, transmission, amplification or recording, receives actual notice that such monitoring, listening to, transmission, amplification or recording may occur during the hours of his employ; and
(3) Any such device or area subject to monitoring, listening to, transmission, amplification or recording shall have placed thereon or therein, in plain view, a brightly colored label with the inscription, "This device is monitored" or "This area is monitored," respectively.
(4) Devices and areas which are not subject to monitoring, listening to, transmission, amplification or recording are provided for employees on the employer's premises or property.
(c) Recording of any communication by or through a line, cable or wire under the control of a telegraph or telephone company where such communication involves a member of the general public shall be permitted only in conjunction with a recorder tone device or a beep tone which automatically produces a distinct and clearly audible signal that is repeated at intervals of fifteen seconds at all times during such recording.
(d) No person, corporation, partnership, agency or other entity shall install equipment designed for monitoring or recording communication by or through a line, cable or wire under control of a telephone or telegraph company as provided for by subsections (b) and (c) herein unless the party requesting and receiving such installation has a license as provided in Section 537.19.
(e) This section shall not apply where a valid search warrant has been obtained by the proper State or Federal authority.
(f) This section shall not apply to emergency reporting systems or reporting stations that are to be used solely for fire, police and other emergency report calls.
(g) Whoever violates this section is guilty of a misdemeanor of the first degree. (Ord. 74-1974. Passed 9-9-74.)
(a) No person, corporation, partnership, agency, governmental body or other entity shall monitor or record any oral communication of any person unless duly licensed by the City.
(b) Application for a license to monitor oral communication shall be made to the Finance Director. The fee for such license shall be twenty-five dollars ($25.00) per year.
(c) The Finance Director shall not issue a license under this section to any applicant convicted of a violation of Section 537.18 within the preceding twelve months.
(d) The Finance Director shall revoke, for a period of twelve months, the license of any license convicted of a violation of Section 537.18. Such twelve-month period shall begin upon the date of conviction for such violation.
(Ord. 74-1974. Passed 9-9-74.)
(e) Whoever violates this section is guilty of a misdemeanor of the third degree.
(Editor’s note: This section was formerly 537.17 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).)
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