(a) Prohibited Conduct.
(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 (a)(1)A. of this section;
2. Urge or incite another to commit a violation of division (a)(1)A. of this section.
C. No person, with a sexual motivation, shall violate division (a)(1)A. or (a)(1)B. of this section.
(2) Whoever violates division (a)(1) of this section is guilty of menacing by stalking.
A. Except as otherwise provided in division (a)(2)B. of this section, 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 Ohio R.C. 2903.211 or a violation of Ohio R.C. 2911.211, or a substantially equivalent municipal ordinance to either of these offenses.
2. In committing the offense under division (a)(1)A., (a)(1)B. or (a)(1)C. of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (a)(1)B. or (a)(1)C. of this section, 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 (a)(1)A., (a)(1)B. or (a)(1)C. of this section, 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 (a)(1)B. or (a)(1)C. of this section, 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 (a)(1)A. of this section or a violation of division (a)(1)C. of this section based on conduct in violation of division (a)(1)A. of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (a)(2)B.6. of this section does not apply in determining the penalty for a violation of division (a)(1)B. of this section or a violation of division (a)(1)C. of this section based on conduct in violation of division (a)(1)B. of this section.
7. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or Ohio 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 (a)(1)A. or (a)(1)B. of this section, 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 (a)(1)B. of this section, 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) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section.
(4) As used in division (a) of this section:
A. “Computer,” “computer network,” “computer program,” “computer system,” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01.
B. “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04
C. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.
D. “Family or household member” means 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 (a)(1) of this section 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;
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 (a)(1) of this section is committed is the other natural parent or is the putative other natural parent.
E. “Mental distress” means any of the following:
1. Any mental illness or condition that involves some temporary substantial incapacity;
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.
F. “Organization.” Includes an entity that is a governmental employer.
G. “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, 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.”
H. “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in division (a)(1) of this section 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.
I. “Post a message” means 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.
J. “Public official” has the same meaning as in Ohio R.C. 2921.01.
K. “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01.
L. “Third person” means, in relation to conduct as described in division (a)(1)B. of this section, 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 division (a) of this section that a person requested or received psychiatric treatment, psychological treatment, or other mental heal services in order to show that the person was caused mental distress as described in division (a)(4)D.2. of this section.
(6) A. Division (a) of this section 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. 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 division (a) of this section.
B. Division (a)(6)A. of this section 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 division (a) of this section except as otherwise provided by law.
C. Division (a)(6)A. of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of division (a) of this section or who knowingly advertises the availability of material of that nature.
(ORC 2903.211)
(b) Protection Order. Consult Ohio R.C. 2903.213 for current provisions regarding protection orders, consent agreements, anti-stalking protection orders and orders issued by a court of another state.
(c) Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state.
(1) No person shall recklessly violate the terms of any of the following:
A. A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or Ohio R.C. 3113.31;
B. A protection order issued pursuant to Ohio R.C. 2903.213 or Ohio R.C. 2903.214;
C. A protection order issued by a court of another state.
(2) A. Whoever violates division (c) of this section is guilty of violating a protection order.
B. Except as otherwise provided in division (c)(2)C. or D. of this section, violating a protection order is a misdemeanor of the first degree.
C. Violating a protection order is a felony to be prosecuted under appropriate state law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:
1. A violation of a protection order issued or consent agreement approved pursuant to R.C. § 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31, or any substantially equivalent state law or municipal ordinance;
2. Two or more violations of R.C. § 2903.21, 2903.211, 2903.22, or 2911.211, or any substantially equivalent state law or municipal ordinance, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement;
3. One or more violations of this section, or any substantially equivalent state law or municipal ordinance.
D. If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony to be prosecuted under appropriate State law.
E. If the protection order violated by the offender was an order issued pursuant to R.C. § 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device shall be paid out of funds from the reparations fund created pursuant to R.C. § 2743.191.
(3) It is an affirmative defense to a charge under division (c)(1)C. of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith a credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).
(4) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.
(5) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. The term does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.
(ORC 2919.27) (Ord. 53-03. Passed 3-3-03.)