(A) (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) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies:
(a) The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder.
(b) The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder.
(B) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, 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 or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following:
(1) Except as otherwise provided in division (B)(2) of this section, a misdemeanor of the first degree;
(2) 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 or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law.
(C) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of R.C. § 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.
(D) As used in this section:
CO-WORKER. Has the same meanings as in R.C. § 2903.13.
EMERGENCY SERVICE RESPONDER. Has the same meanings as in R.C. § 2903.13.
FAMILY OR HOUSEHOLD MEMBER. Have the same meanings as in R.C. § 2903.13.
ORGANIZATION. Includes an entity that is a governmental employer.
(R.C. § 2903.22) ('80 Code, § 135.06) Penalty, see § 130.99
Cross-reference:
Violation of protection orders, see § 135.23