(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 any of the provisions of this section is guilty of assault, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offense is not committed by a caretaker against a functionally impaired person under his or her care and provided the offense is not committed in either of the following circumstances:
(1) The offense occurs in or on the grounds of a State penal or reformatory institution or an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the State penal or reformatory institution, a person institutionalized in the Ohio Department of Youth Services institution pursuant to a commitment to the Ohio Department of Youth Services, or a probationer, furloughee or parolee;
(2) The offense occurs off the grounds of a State penal or reformatory institution and off the grounds of an institution of the Ohio Department of Youth Services, the victim of the offense is an employee of the Ohio Department of Rehabilitation and Correction, the Ohio Department of Youth Services, or a probation department, the offense occurs during the employee's official work hours and while he or she is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State penal or reformatory institution or institutionalized in the Ohio Department of Youth Services institution, who temporarily is outside of the institution for any purpose, or by a probationer, parolee or furloughee.
(Ord. 35-02. Passed 11-4-02.)