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(a) (1) Except as provided in division (a)(2) or (a)(3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
A. For a felony, six years;
B. For a misdemeanor other than a minor misdemeanor, two years;
C. For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of a violation of Ohio R.C. 2903.01 or Ohio R.C. 2903.02.
(3) Except as otherwise provided in divisions (b) to (h) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within 20 years after the offense is committed:
A. A violation of Ohio R.C. 2903.03, 2903.04, 2905.01, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02, a violation of Ohio R.C. 2903.11 or 2903.12 if the victim is a peace officer, a violation of Ohio R.C. 2903.13 that is a felony, or a violation of former Ohio R.C. 2907.12.
B. A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (a)(3)A. of this section.
(b) (1) Except as otherwise provided in division (b)(2) of this section, if the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of fiduciary duty within one year after discovery of the offense either by an aggrieved person or by the aggrieved person's legal representative who is not a party to the offense.
(2) If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution for a violation of Ohio R.C. 2913.49 shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.
(c) (1) If the period of limitation provided in division (a)(1) or (a)(3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:
A. For an offense involving misconduct in office by a public servant at any time while the accused remains a public servant, or within two years thereafter;
B. For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.
(2) As used in this division:
A. The phrase “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of Ohio R.C. 101.71, 101.91, 121.61 or 2921.13, 102.03(F) or (H), 2921.02(A), 2921.43(A) or (B), or 3517.13(F) or (G), that is directly related to an offense involving misconduct in office of a public servant, or a violation of any municipal ordinance substantially equivalent to those Ohio Revised Code sections listed in this division (c)(2)A.
B. “Public servant” has the same meaning as in Ohio R.C. 2921.01.
(d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused’s accountability for it terminates, whichever occurs first.
(e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process unless reasonable diligence is exercised to execute the same.
(f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
(g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this Municipality or conceals the accused’s identity or whereabouts is prima facie evidence of the accused’s purpose to avoid prosecution.
(h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.
(i) The period of limitation for a violation of this Part 6 or Title XXIX of the Ohio Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under 18 years of age or of a mentally retarded, developmentally disabled, or physically impaired child under 21 years of age shall not begin to run until either of the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.
(j) As used in this section, “peace officer” has the same meaning as in Ohio R.C. 2935.01.
(ORC 2901.13) (Ord. 278-73. Passed 12-17-73.)
(a) Except as provided in division (b) of this section, a person is not guilty of an offense unless both of the following apply:
(1) The person’s liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;
(2) The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.
(b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.
(c) Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.
(d) As used in this section:
(1) “Culpability.” Purpose, knowledge, recklessness, or negligence, as defined in Ohio R.C. 2901.22.
(2) “Intoxication.” Includes but is not limited to intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.
(3) “Involuntary acts.” Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor’s volition are involuntary acts.
(4) “Possession.” A voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor’s control of the thing possessed for a sufficient time to have ended possession.
(ORC 2901.21; Ord. 278-73. Passed 12-17-73.)
(a) An organization may be convicted of an offense under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s, or employee’s office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer’s, agent’s, or employee’s office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of such a board’s or person’s office or employment.
(b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.
(c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.
(d) As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(ORC 2901.23; Ord. 278-73. Passed 12-17-73.)
(a) An officer, agent, or employee of an organization, as defined in Ohio R.C. 2901.23, may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply:
(1) In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility;
(2) He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(b) When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf.
(ORC 2901.24; Ord. 278-73. Passed 12-17-73.)
(a) No person for the purpose of obtaining for any person tuition free attendance at a public school or for the purpose of obtaining any other public service, admission or benefit for any person, or to avoid any public duty of obligation of any person, shall knowingly give or assist in giving to any public officer or employee any false or incorrect name, address, family relationship or other false or incorrect information.
(b) Whoever is convicted of or pleads guilty to a violation of this section is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. In addition to any imprisonment or fines, any person convicted of a violation of this section shall be ordered by the court to fully reimburse the school district or other public office for the total dollar amount of the public benefit that was wrongfully obtained by providing such false information to the school or other public office in violation of this section. Each day of a continuing violation shall be considered a separate offense.
(Ord. 45-10. Passed 3-15-10.)
(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 unemployment compensation; Ohio Works First; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits; economic development assistance as defined in Ohio R.C. 9.66; 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 another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return that 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 the 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.
(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 account, form, record, stamp, label or other writing that is required by law.
(12) The statement is made in connection with the purchase of a firearm, as defined in Ohio R.C. 2923.11, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.
(14) The statement is made in an application filed with a county sheriff pursuant to Ohio R.C. 2923.125 in order to obtain or renew a license to carry a concealed handgun or is made in an affidavit submitted to a county sheriff to obtain a temporary emergency license to carry a concealed handgun under Ohio R.C. 2923.1213.
(15) The statement is required under Ohio R.C. 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.
(b) No person, in connection with the purchase of a firearm as defined in Ohio R.C. 2923.11, shall knowingly furnish to the seller of the firearm a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
(c) No person, in an attempt to obtain a license to carry a concealed handgun under Ohio R.C. 2923.125, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person's competence in handling a handgun as described in Ohio R.C. 2923.125(B)(3).
(d) It is no defense to a charge under division (a)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
(e) If 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.
(f) (1) Whoever violates division (a)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), or (15) of this section is guilty of falsification, a misdemeanor of the first degree.
(2) Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars ($1,000) or more, falsification in a theft offense is a felony to be prosecuted under appropriate State law.
(3) Whoever violates division (a)(12) or (b) of this section is guilty of falsification to purchase a firearm, a felony to be prosecuted under appropriate State law.
(4) Whoever violates division (a)(15) or (c) of this section is guilty of falsification to obtain a concealed handgun license, a felony to be prosecuted under appropriate State law.
(Ord. 176-98. Passed 6-15-98.)
(a) No person shall knowingly make or cause another person to make a false report under Ohio R.C. 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in Ohio R.C. 2151.031 or a neglected child as defined in Ohio R.C. 2151.03.
(b) Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(ORC 2921.14; Ord. 196-91. Passed 7-15-91.)
(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:
(1) The pending prosecution involved is for a violation of Ohio R.C. 2913.02, 2913.11, 2913.21(B)(2), or 2913.47, or a substantially equivalent municipal ordinance, of which the actor under this section was the victim.
(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 that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.
(c) When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, the abandonment or agreement in no way binds the State to abandoning the prosecution.
(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
(ORC 2921.21; Ord. 51-96. Passed 2-20-96.)
(a) (1) Except as provided in division (a)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.
(2) No person, knowing that a violation of Ohio R.C. 2913.04(B) has been or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.
(b) Except for conditions that are within the scope of division (e) of this section, no person who is a physician, limited practitioner, nurse, or other person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound that the person treated or observed, or any serious physical harm to other persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
(c) No person who discovers a body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician whom the person knows to be treating the deceased for a condition from which death at that 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 a report required by division (c) of this section was made, 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) (1) As used in this section, “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 division (e)(2) or (3) of this section 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 division (e) of this section or anyone participating in a judicial proceeding resulting from the reports is 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 division (e) of this section.
(f) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence as defined in Ohio R.C. 3113.31 shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
(2) Notwithstanding Ohio R.C. 4731.22, the physician-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted pursuant to division (f)(1), and the information may be admitted as evidence in accordance with the Rules of Evidence.
(g) Division (a) or (d) of this section 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, member of the clergy or rabbi or minister or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister or priest for a religious counseling purpose in the professional character of the member of the clergy, rabbi, minister or priest, 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 a member of the ordained clergy 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 or 2907.05, or to victims of felonious sexual penetration in violation of former Ohio R.C. 2907.12. As used in this division, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide such services.
(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a)(1) of this section is a misdemeanor of the fourth degree. Violation of division (a)(2) or (b) of this section is a misdemeanor of the second degree.
(j) Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(k) (1) Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree.
(Ord. 176-98. Passed 6-15-98.)
(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 the 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; Ord. 278-73. Passed 12-17-73.)
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