Loading...
(a) No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
(1) Any compensation, other than as allowed by Ohio R.C. 102.03(G), (H), (I), or other provisions of law, to perform the public servant's official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation.
(2) Additional or greater fees or costs than are allowed by law to perform the public servant's official duties.
(b) No public servant for the public servant's own personal or business use and no person for the person's own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
(c) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:
(1) Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
(2) Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
(d) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
(e) A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this State for a period of seven years from the date of conviction.
(f) Divisions (a), (b), and (c) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.
(ORC 2921.43)
(a) No law enforcement officer shall negligently do any of the following:
(1) Fail to serve a lawful warrant without delay.
(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer's power to do so alone or with available assistance.
(b) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
(c) No officer, having charge of a detention facility, shall negligently do any of the following:
(1) Allow the detention facility to become littered or unsanitary.
(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention.
(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
(4) Allow a prisoner to escape.
(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.
(d) No public official shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.
(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.
(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
(g) Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under R.C. Chapter 3326; or fiscal officer of a college-preparatory boarding school established under R.C. Chapter 3328 and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
(h) As used in this section, “public servant” includes the following:
(1) An officer or employee of a contractor as defined in R.C. § 9.08;
(2) A fiscal officer employed by the operator of a community school established under R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under R.C. Chapter 3328.
(ORC 2921.44)
(a) No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(R.C. § 2921.45)
Statutory reference:
Restraining or confining pregnant children or pregnant women, see R.C. § 2152.75(B) and R.C. § 2901.10
(EDITOR'S NOTE: Section 606.21 was repealed as part of the 1986 updating and revision of these Codified Ordinances.)
(a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.
(b) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.
(c) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense, shall be convicted of an attempt to commit the same offense in violation of this section.
(d) It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.
(f) As used in this section:
(1) “Drug abuse offense” has the same meaning as in Ohio R.C. 2925.01.
(2) “Motor vehicle” has the same meaning as in Ohio R.C. 4501.01.
(ORC 2923.02)
(a) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:
(1) Solicit or procure another to commit the offense;
(2) Aid or abet another in committing the offense;
(3) Conspire with another to commit the offense in violation of Ohio R.C. 2923.01;
(4) Cause an innocent or irresponsible person to commit the offense.
(b) It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.
(c) No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Ohio R.C. 2923.02 or a substantially equivalent municipal ordinance.
(d) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with Ohio R.C. 2923.03(D).
(e) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(f) Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
(a) For the purpose of this section, the following definitions shall apply.
(1) “Archival institution.” Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(2) “Audiovisual recording function “ and “facility.” Have the same meaning as in Ohio R.C. 2913.07.
(3) “Museum.” Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
(4) “Pretrial diversion program.” A rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
(b) A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
(c) Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
(1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
(2) With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
(d) An officer, agent, or employee of a library, museum, or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
(1) To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
(2) To cause an arrest to be made by a peace officer;
(3) To obtain a warrant of arrest;
(4) To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
(e) The owner or lessee of a facility in which a motion picture is being shown, or the owner's or lessee's employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of Ohio R.C. 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
(f) The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
(g) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by Ohio R.C. 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(ORC 2935.041)
Loading...