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As used in this chapter:
(a) “Public official” means any elected or appointed officer, or employee, or agent of the State or any political subdivision thereof, whether in a temporary or permanent capacity, and including without limitation legislators, judges and law enforcement officers.
(b) “Public servant” means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function, including without limitation a juror, member of a temporary commission, master, arbitrator, advisor or consultant;
(3) A candidate for public office, whether or not he is elected or appointed to the office for which he is a candidate. A person is a candidate for purposes of this subsection if he has been nominated according to law for election or appointment to public office, or if he has filed a petition or petitions as required by law to have his name placed on the ballot in a primary, general or special election, or if he campaigns as a write-in candidate in any primary, general or special election.
(c) “Party official” means 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;
(d) “Official proceeding” means 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; (A.O.)
(e) “Detention” means arrest, confinement in any vehicle subsequent to an arrest, confinement in any 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 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 or 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any such facility, detention for extradition or deportation, or, except as provided in this subsection, supervision by any employee of any such facility 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. Detention does not include supervision of probation or parole, or constraint incidental to release on bail. (Ord. 21-02. Passed 4-15-02.)
(f) “Detention facility” means any place used for the confinement of a person charged with or convicted of crime or alleged or found to be delinquent or unruly;
(g) “Campaign committee,” “contribution,” “political action committee” and “political party” have the same meanings as in Ohio R.C. 3517.01.
(h) “Provider agreement” and “medical assistance program” have the same meanings as in Ohio R.C. 2913.40.
(i) “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 the terms “valuable thing” and/or “valuable benefit” before September 17, 1986.
(ORC 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 workers' compensation, unemployment compensation, aid for the aged, aid for the blind, aid for the permanently and totally disabled, aid to dependent children, general assistance, disability assistance administered by the Ohio Department of Human Services, retirement benefits 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 other person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return which 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 such 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 involving the proceeds of an insurance policy.
(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 application for a marriage license under Ohio R.C. 3101.05.
(12) The statement is made, either orally or in writing, in connection with an application for legal representation submitted to a court, the State Public Defender, the County Public Defender, or a joint county public defender, by a defendant in a criminal case for the purpose of a determination of indigency and eligibility for legal representation by the State Public Defender, the County Public Defender, a joint county public defender or a court-appointed counsel.
(b) It is no defense to a charge under subsection (a)(4) hereof that the oath or affirmation was administered or taken in an irregular manner.
(c) Where 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.
(d) Whoever violates paragraph (a)(1), (2), (3), (4), (5), (6), (7), (8), (10) or (11) hereof is guilty of falsification, a misdemeanor of the first degree.
(e) Whoever violates paragraph (a)(9) hereof is guilty of falsification of an insurance claim, a misdemeanor of the first degree, provided the amount of the claim is less than one thousand dollars ($1,000) and provided the offender has not previously been convicted of a theft offense and provided the claim is not made for the theft of a motor vehicle. (Ord. 13-12. Passed 3-5-2012.)
(f) Whoever violates paragraph (a)(12) hereof is guilty of falsification, a misdemeanor of the first degree. If, as a result of the false statement that is the basis of the conviction under paragraph (a)(12) hereof, the offender received legal representation to which he or she was not entitled from the State Public Defender, the County Public Defender, a joint county public defender, or court-appointed counsel, the court shall order the offender to make restitution, in an amount equal to the value of the legal representation provided by the State Public Defender, the County Public Defender, a joint county public defender, or court-appointed counsel, to the public entity that paid for the legal representation.
(ORC 2921.13)
(a) No person shall knowingly give or assist in giving false information relative to the name, address or date of birth of any person to any law enforcement officer as defined in Ohio R. C. 2901.01(K).
(b) Where contradictory information is given by the offender within the period of the statute of limitations for giving false information, it is not necessary for the prosecution to prove which information was false, but only that one or the other was false.
(c) Whoever violates this section is guilty of giving false information, a misdemeanor of the first degree.
(Ord. 37-84. Passed 4-16-1984.)
(a) As used in this section:
(1) “Peace officer” means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this State, a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D), a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y), a State university law enforcement officer appointed under Ohio R.C. 3345.04, an Ohio Veterans’ home police officer appointed under Ohio R.C. 5907.02, a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28, or a State Highway Patrol trooper, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances or rules of the State or any of its political subdivisions.
(2) “Private police officer” means any security guard, special police officer, private detective or other person who is privately employed in a police capacity.
(3) “Impersonate” means to act the part of, assume the identity of, wear the uniform or any part of the uniform of ir display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(b) No person shall impersonate a peace officer or a private police officer.
(c) No person, by impersonating a peace officer or a private police officer, shall arrest or detain any person, search any person or search the property of any person.
(d) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private police officer or an officer, agent or employee of the State or the Municipality.
(e) It is an affirmative defense to a charge under subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose.
(f) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsections (c) or (d) hereof is guilty of a misdemeanor of the first degree, provided that the purpose of a violation of subsection (d) hereof is not to commit or facilitate the commission of a felony.
(Ord. 22-02. Passed 4-15-02.)
(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:
(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 which the actor reasonably believed due him as restitution for the loss caused him by the offense.
(c) When a prosecuting witness abandons or agrees to abandon a prosecution under subsection (b) hereof, such abandonment or agreement in no way binds the State or Municipality 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) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(b) Except for conditions that are within the scope of subsection (e) hereof, no physician, limited practitioner, nurse or 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 him or her, any serious physical harm to persons that he or she 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 any person shall fail to report the death immediately to any physician 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, ambulance service, 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.
(d) No person shall fail to provide, upon request of the person to whom he or she has made a report required by subsection (c) hereof, 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) Burn injuries shall be governed by the following regulations:
(1) As used in this subsection, “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 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 paragraph (e)(2) or (3) hereof 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 this subsection, or anyone participating in a judicial proceeding resulting from the reports, shall be 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 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 pursuant to this subsection.
(f) Subsection (a) or (d) hereof 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, doctor and patient, licensed psychologist or licensed school psychologist and client, clergyman or rabbi or minister or priest and any person communicating information confidentially to him or her for a religious counseling purpose in his or her 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 an ordained clergyman of an organized religious body of a confidential communication made to him or her in his or her capacity as such by a person seeking his or her aid or counsel;
(5) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency or organization certified pursuant to Ohio R.C. 3793.06;
(6) Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Ohio R.C. 2907.02, 2907.05 or 2907.12. As used in this paragraph, “counseling services” includes services provided in an informal setting by a person who, by education or experience, is competent to provide such services.
(g) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(h) Whoever violates subsection (a) or (b) hereof is guilty of failure to report a crime. Violation of subsection (a) hereof is a misdemeanor of the fourth degree. Violation of subsection (b) hereof is a misdemeanor of the second degree.
(i) Whoever violates subsection (c) or (d) hereof is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(j) Whoever negligently violates subsection (e) hereof is guilty of a minor misdemeanor. Whoever knowingly violates subsection (e) hereof is guilty of a misdemeanor of the second degree.
(ORC 2921.22)
(a) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
(b) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(ORC 2921.23)
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