For the purpose of this title the following words and phrases shall have the following meanings ascribed to them respectively.
CONTRABAND. Any property described in the following categories:
(1) Property that in and of itself is unlawful for a person to acquire or possess.
(2) Property that is not in and of itself unlawful for a person to acquire or possess, but that has been determined by a court of this state, in accordance with law, to be contraband because of its use in an unlawful activity or manner, of its nature, or of the circumstances of the person who acquires or possesses it, including, but not limited to, goods and personal property described in R.C. § 2913.34.
(3) Property that is specifically stated to be contraband by a section of the Revised Code or by an ordinance, regulation, or resolution.
(4) Property that is forfeitable pursuant to a section of the Revised Code, or an ordinance, regulation, or resolution, including, but not limited to, forfeitable firearms, dangerous ordnance, and obscene materials.
(5) Any controlled substance, as defined in § 138.01 or R.C. § 3719.01, or any device, paraphernalia, money as defined in R.C. § 1301.01, or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in a violation of, R.C. Ch. 2925 or 3719.
(6) Any gambling device, paraphernalia, money as defined in R.C. § 1301.01 or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of R.C. Ch. 2915.
(7) Any equipment, machine, device, apparatus, vehicle, vessel, container, liquid, or substance that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, any law of this state relating to alcohol or tobacco.
(8) Any personal property that has been, is being, or is intended to be used in an attempt or conspiracy to commit, or in the commission of, any offense or in the transportation of the fruits of any offense.
(9) Any property that is acquired through the sale or other transfer of contraband or through the proceeds of contraband, other than by a court or a law enforcement agency acting within the scope of its duties.
(10) Any computer, computer system, computer network, computer software, or other telecommunications device that is used in a conspiracy to commit, an attempt to commit, or the commission of any offense, if the owner of the computer, computer system, computer network, computer software, or other telecommunications device is convicted of or pleads guilty to the offense in which it is used.
(11) Any property that is material support or resources and that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, R.C. § 2909.22, 2909.23, or 2909.24 or of R.C. § 2921.32 when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism. As used in this division (11), “material support or resources” and “act of terrorism” have the same meanings as in R.C. § 2909.21.
DANGEROUS OFFENDER. A person who has committed an offense, whose history, character and condition reveal a substantial risk that he or she will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive or aggressive behavior with heedless indifference to the consequences.
DEADLY FORCE. Any force which carries a substantial risk that it will proximately result in the death of any person.
FORCE. Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
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, village police officer, member of a police force employed by a metropolitan housing authority under 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 his capacity as chief conservator of the peace within the village;
(4) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
(5) A person lawfully called pursuant to 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 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 village prosecutor;
(9) A veterans' home police officer appointed under R.C. § 5907.02.
(10) A member of a police force employed by a regional transit authority under R.C. § 306.35(Y);
(11) A special police officer employed by a port authority under R.C. § 4582.28;
(12) The house sergeant at arms if the house sergeant at arms has arrest authority pursuant to R.C. § 101.311(E)(1) and an assistant house sergeant at arms;
(13) 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..
NOT GUILTY BY REASON OF INSANITY. A person is NOT GUILTY BY REASON OF INSANITY relative to a charge of an offense only if he proves, in the manner specified in R.C. § 2901.05, that at the time of the commission of the offense, he did not know, as a result of a severe mental disease or defect, the wrongfulness of his acts.
OFFENSE OF VIOLENCE.
(1) A violation of 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, 2909.04, 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 R.C. § 2911.12, or of division (B)(1), (2), (3) or (4) of R.C. § 2919.22, or felonious sexual penetration in violation of former R.C. § 2907.12;
(2) A violation of an existing or former village ordinance or law of this or any other state or the United States, substantially equivalent to any section listed in the paragraph above;
(3) An offense, other than a traffic offense, under an existing or former village ordinance or law of this or any other state or 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 the above preceding divisions (1), (2), or (3) of this section.
PERSON.
(1) (a) Subject to division (2) of this definition, as used in any section contained in Title XIII of this 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 Title XIII of this 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 Title XIII of this 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 R.C. §§ 2903.01 through 2903.06, 2903.08, 2903.11 through 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 § 135.11 or R.C. §§ 2919.12, 2919.13(B), 2919.151, 2919.17 or 2919.18 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 § 135.11 or 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.
PHYSICAL HARM TO PERSONS. Any injury, illness, or other physiological impairment, regardless of its gravity or duration.
PHYSICAL HARM TO PROPERTY. Any tangible or intangible damage to property which, in any degree, results in loss to its value or interferes with its use or enjoyment. PHYSI- CAL HARM TO PROPERTY does not include wear and tear occasioned by normal use.
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.
PROPERTY.
(1) Any property, real or personal, tangible or intangible, and any interest or license in such 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 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 R.C. § 1333.61, and TELECOMMUNICATIONS SERVICE and INFORMATION SERVICE have the same meanings as in R.C. § 2913.01.
(3) As used in this definition and the definition of CONTRABAND, CABLE TELEVISION SERVICE, COMPUTER, COMPUTER SOFTWARE, COMPUTER SYSTEM, COMPUTER NETWORK, DATA, and TELECOMMUNICATIONS DEVICE have the same meanings as in R.C. § 2913.01.
REPEAT OFFENDER. A person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following applies:
(1) Having been convicted of one or more offenses of violence, as defined in this section, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense of violence;
(2) Having been convicted of one or more sexually oriented offenses, as defined in R.C. § 2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent sexually oriented offense;
(3) Having been convicted of one or more theft offenses, as defined in R.C. § 2913.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses, as defined in R.C. § 2925.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense;
(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense.
RISK. A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
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 authority of a community school established under R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic school for which the state board of education prescribes minimum standards under R.C. § 3301.07.
SCHOOL BUILDING and SCHOOL PREMISES have the same meanings as in R.C. § 2925.01.
SCHOOL BUS has the same meaning as in R.C. § 4511.01.
SCHOOL SAFETY ZONE. Consists of a school, school building, school premises, school activity, and school bus.
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 which carries a substantial risk of death;
(3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;
(4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious disfigurement;
(5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain.
SERIOUS PHYSICAL HARM TO PROPERTY. Any physical harm to property which 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.
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.
(R.C. § 2901.01) ('81 Code § 130.02)