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(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or member of the other person’s immediate family.
(b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree. (Ord. 37-02. Passed 11-4-02.)
(a) Prohibited Conduct.
(1) No person, by engaging in a pattern of conduct, shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) As used in this section:
A. “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, or emergency medical services person of any authorized act within the public official’s, firefighter’s, rescuer’s or emergency medical services person’s official capacity may constitute a “pattern of conduct”.
(Ord. 38-02. Passed 5-6-02.)
B. “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
(ORC 2903.211)
(b) Anti-Stalking Protection Order.
(1) Except when the complaint involves a person who is a family or household member, as defined in Section 537.14(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or Section 537.05, subsection (a) hereof, Section 537.06 or Section 541.055 of this General Offenses Code, the complainant may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Rule 46 of the Ohio Rules of Criminal Procedure. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant may file a motion for a temporary protection order pursuant to Ohio R.C. 2919.26 or Section 537.14(b) of this General Offenses Code.
(2) A motion for an anti-stalking protection order shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:
MOTION FOR ANTI-STALKING PROTECTION ORDER
................ Court
Name and address of court
Municipality of Lakewood, Ohio
v. No...............
................................................
Name of Defendant
(Name of person), the complainant in the above-captioned case, moves the court to issue an anti-stalking protection order containing terms designed to ensure the safety and protection of the complainant in relation to the named defendant, pursuant to its authority to issue such an order under Ohio R.C. 2903.213.
I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any anti-stalking protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint.
.......................................................
Signature of complainant
.......................................................
Address of complainant
(3) As soon as possible after the filing of a motion that requests the issuance of an anti-stalking protection order, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The complainant shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender, the court may issue an anti-stalking protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant.
(4) A. Except when the complaint involves a person who is a family or household member as defined in Section 537.14(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or Section 537.05, subsection (a) hereof, Section 537.06 or Section 541.055 of this General Offenses Code, the court, upon its own motion, may issue an anti-stalking protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender.
B. If the court issues an anti-stalking protection order under this section as an ex parte order, it shall conduct, as soon as possible, after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified or be revoked. The hearing shall be conducted under the standards set forth in paragraph (b)(3) hereof.
(5) An anti-stalking protection order that is issued as a pretrial condition of release under this section:
A. Is in addition to, but shall not be construed as a part of, any bail set under Rule 46 of the Ohio Rules of Criminal Procedure;
B. Is effective only until the disposition of the criminal proceeding arising out of the complaint upon which it is based;
C. Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(6) A person who meets the criteria for bail under Rule 46 of the Ohio Rules of Criminal Procedure and who, if required to do so pursuant to that Rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting an anti-stalking protection order.
(7) A copy of any anti-stalking protection order that is issued under this section shall be issued by the court to the complainant, to the defendant and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered.
(8) All law enforcement agencies shall establish and maintain an index for the anti-stalking protection orders delivered to the agencies pursuant to paragraph (b)(7) hereof. With respect to each order delivered, each agency shall note, on the index, the date and time of the receipt of the order by the agency.
(9) Any officer of a law enforcement agency shall enforce an anti-stalking protection order in accordance with the provisions of the order.
(10) Upon a violation of an anti-stalking protection order, the court may issue another anti-stalking protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
(11) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.
(ORC 2903.213)
(c) Violation of Anti-Stalking Protection Order. No person shall recklessly violate any terms of an anti-stalking protection order issued pursuant to this section or Ohio R.C. 2903.213.
(ORC 2903.214(A))
(d) Penalties.
(1) Whoever violates subsection (a) hereof is guilty of menacing by stalking, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offender previously has not been convicted of or pleaded guilty to a violation of subsection (a) hereof or Ohio R.C. 2903.211 involving the same person who is the victim of the current offense.
(ORC 2903.211(B))
(2) Whoever violates subsection (c) hereof is guilty of a violating an antistalking protection order. If the offender previously has not been convicted of or pleaded guilty to a violation of subsection (c) hereof, or a violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involves the same person who is the subject of the anti-stalking protection order, violating an anti-stalking protection order is a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (c) hereof, or one violation of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involves the same person who is the subject of the anti-stalking protection order, violating an anti- stalking protection order is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (c) hereof, or to two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, that involve the same person who is the subject of the anti-stalking protection order, violating an anti-stalking protection order is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 2903.214.
(ORC 2903.214(B))
(a) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such other person, the other person’s unborn, or a member of the other person’s immediate family.
(b) Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree. (Ord. 38-02. Passed 11-4-02.)
(a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(b) No person shall abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age.
(c) Whoever violates this section is guilty of endangering children, a misdemeanor of the first degree, if the violation of this section does not result in serious physical harm to the child involved, or if the offender has not previously been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child. (ORC 2919.22)
(a) No person, with purpose to coerce another into taking or refraining from action concerning which he has a legal freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or to damage his personal or business repute, or to impair his credit;
(4) Institute or threaten criminal proceedings against any person;
(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
(b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R. C. 2945. 44;
(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;
(3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his offense.
(c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances which occasioned it, and that his purpose was limited to:
(1) Compelling another to refrain from misconduct or to desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the actor reasonably believed such other person to be disqualified;
(4) Compelling another to take action which the actor reasonably believed such other person to be under a duty to take.
(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(e) As used in this section “threat” includes a direct threat and a threat by innuendo.
(ORC 2905.12)
(a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under his control, to another, if the caller/sender does any of the following:
(1) Fails to identify herself/himself 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/sender and a recipient;
(2) Describes, suggests, requests or proposes that the caller/sender, the recipient of the telecommunication, or any other person engage in any 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/sender 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;
(4) Knowingly states to the recipient of the telecommunication that the caller/sender 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 call 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/sender not to make a telecommunication to those premises or to any person 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 his control, with purpose to abuse, threaten, or harass another person.
(c) As used in this section, “telecommunication” and “telecommunications device” shall have the same meaning as in Section 545.01.
(d) Whoever violates this section is guilty of telephone harassment, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section or Ohio R.C. 2917.21. (Ord. 58-06. Passed 10-2-06.)
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