(A) Menacing.
(1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.
(2) Whoever violates division (A)(1) above is guilty of menacing. Except as otherwise provided in this division (A)(2), menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, menacing is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, a felony to be prosecuted under appropriate state law.
(3) As used in this division (A), ORGANIZATION includes an entity that is a governmental employer.
(R.C. § 2903.22)
(B) Menacing by stalking.
(1) (a) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs.
(b) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device, shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
1. Violate division (B)(1)(a) above; and
2. Urge or incite another to commit a violation of division (B)(1)(a) above.
(c) No person, with a sexual motivation, shall violate division (B)(1)(a) or (B)(1)(b) above.
(2) Whoever violates division (B)(1) above is guilty of menacing by stalking.
(a) Except as otherwise provided in division (B)(2)(b) below, menacing by stalking is a misdemeanor of the first degree.
(b) Menacing by stalking is a felony, to be prosecuted under appropriate state law, if any of the following applies.
1. The offender previously has been convicted of or pleaded guilty to a violation of R.C. § 2903.211 or a violation of R.C. § 2911.211, or a substantially equivalent municipal ordinance to either of these offenses.
2. In committing the offense under division (B)(1)(a), (B)(1)(b) or (B)(1)(c) above, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (B)(1)(b) or (B)(1)(c) above, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim.
3. In committing the offense under division (B)(1)(a), (B)(1)(b) or (B)(1)(c) above, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under division (B)(1)(b) or (B)(1)(c) above, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed or attends school.
4. The victim of the offense is a minor.
5. The offender has a history of violence towards the victim or any other person or a history of other violent acts towards the victim or any other person.
6. While committing the offense under division (B)(1)(a) above or a violation of division (B)(1)(c) above based on conduct in violation of division (B)(1)(a) above, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. This division (B)(2)(b)6. does not apply in determining the penalty for a violation of division (B)(1)(b) above or a violation of division (B)(1)(c) above based on conduct in violation of division (B)(1)(b) above.
7. At the time of the commission of the offense, the offender was the subject of a protection order issued under R.C. § 2903.213 or R.C. § 2903.214, regardless of whether or not the person to be protected under the order is the victim of the offense or another person.
8. In committing the offense under division (B)(1)(a), (B)(1)(b) or (B)(1)(c) above, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located or to any personal property located on that premises, or as a result of an offense committed under division (B)(1)(b) above or an offense committed under division (B)(1)(c) above based on a violation of division (B)(1)(b) above, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property or any personal property on that premises.
9. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious harm, or other evidence of then-present dangerousness.
10. The victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
11. The offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties.
(3) R.C. § 2919.271 applies in relation to a defendant charged with a violation of this section.
(4) As used in this division (B):
COMPUTER. Has the same meaning as in R.C. § 2913.01.
COMPUTER NETWORK. Has the same meaning as in R.C. § 2913.01.
COMPUTER PROGRAM. Has the same meaning as in R.C. § 2913.01.
COMPUTER SYSTEM. Has the same meaning as in R.C. § 2913.01.
EMERGENCY FACILITY PERSON. Is the singular of EMERGENCY FACILITY PERSONNEL, as defined in R.C. § 2909.04.
EMERGENCY MEDICAL SERVICES PERSON. Is the singular of EMERGENCY MEDICAL SERVICES PERSONNEL, as defined in R.C. § 2133.21.
FAMILY OR HOUSEHOLD MEMBER. Any of the following:
1. Any of the following who is residing or has resided with the person against whom the act prohibited in division (B)(1)(a) above is committed:
a. A spouse, a person living as a spouse or a former spouse of the person;
b. A parent, a foster parent or a child of the person or another person related by consanguinity or affinity to the person; and
c. A parent or a child of a spouse, person living as a spouse or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the person.
2. The natural parent of any child of whom the person against whom the act prohibited in division (B)(1)(a) above is committed is the other natural parent or is the putative other natural parent.
MENTAL DISTRESS. Any of the following:
1. Any mental illness or condition that involves some temporary substantial incapacity; and/or
2. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment or other mental health services.
ORGANIZATION. Includes an entity that is a governmental employer.
PATTERN OF CONDUCT. 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, or 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, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct or delay the performance by a public official, firefighter, rescuer, emergency medical services person or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s or emergency facility person’s official capacity or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system or telecommunications device, may constitute a “pattern of conduct”.
PERSON LIVING AS A SPOUSE. A person who is living or has lived with the person against whom the act prohibited in division (B)(1)(a) above is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question.
POST A MESSAGE. Transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communicate, any message or information, whether truthful or untruthful, about an individual and whether done under one’s own name, under the name of another or while impersonating another.
PUBLIC OFFICIAL. Has the same meaning as in R.C. § 2921.01.
SEXUAL MOTIVATION. Has the same meaning as in R.C. § 2971.01.
TELECOMMUNICATIONS DEVICE. Has the same meaning as in R.C. § 2913.01.
THIRD PERSON. Means, in relation to conduct as described in division (B)(1)(b) above, an individual who is neither the offender nor the victim of the conduct.
(5) The prosecution does not need to prove in a prosecution under this division (B) that a person requested or received psychiatric treatment, psychological treatment or other mental health services in order to show that the person was caused mental distress as described in division (2) of the definition for MENTAL DISTRESS in this section.
(6) (a) 1. This division (B) does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
2. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is or will be sent in violation of this division (B).
(b) Division (B)(6)(a) above does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is or will be sent in violation of this division (B) except as otherwise provided by law.
(c) Division (B)(6)(a) above does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this division (B) or who knowingly advertises the availability of material of that nature.
(R.C. § 2903.211) (Prior Code, § 9.02.04)
Cross-reference:
Violation of protection orders, see § 135.20
Statutory reference:
Authority of corporations to seek protection orders in certain circumstances, see R.C. § 2903.215
Conditions of bail for violators, see R.C. § 2903.212
Persons who may seek relief under anti-stalking protection order; ex parte orders, see R.C. § 2903.214
Protection order as pretrial condition of release, see R.C. § 2903.213