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CHAPTER 130: GENERAL PROVISIONS
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CHAPTER 132: OFFENSES AGAINST PUBLIC PEACE
CHAPTER 133: SEX OFFENSES
CHAPTER 134: GAMBLING OFFENSES
CHAPTER 135: OFFENSES AGAINST PERSONS
CHAPTER 136: OFFENSES AGAINST JUSTICE AND ADMINISTRATION
CHAPTER 137: WEAPONS CONTROL
CHAPTER 138: DRUG OFFENSES
CHAPTER 139: OFFENSES INVOLVING MINORS
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
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§ 135.02 NEGLIGENT HOMICIDE.
   (A)   No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance, as defined in R.C. § 2923.11.
   (B)   Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(R.C. § 2903.05) Penalty, see § 130.99
Statutory reference:
   Reckless homicide, felony offense, see R.C. § 2903.041
§ 135.03 VEHICULAR HOMICIDE; VEHICULAR MANSLAUGHTER; VEHICULAR ASSAULT.
   (A)   No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:
      (1)   (a)   As the proximate result of committing a violation of R.C. § 4511.19(A) or of a substantially equivalent municipal ordinance;
         (b)   As the proximate result of committing a violation of R.C. § 1547.11(A), or of a substantially equivalent municipal ordinance;
         (c)   As the proximate result of committing a violation of R.C. § 4561.15(A)(3), or of a substantially equivalent municipal ordinance.
      (2)   In one of the following ways:
         (a)   Recklessly;
         (b)   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (D) of this section.
      (3)   In one of the following ways:
         (a)   Negligently;
         (b)   As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (D) of this section.
      (4)   As the proximate result of committing a violation of any provision of any section contained in R.C. Title 45 that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in R.C. Title 45 that is a minor misdemeanor.
   (B)   (1)   Whoever violates division (A)(1) or (A)(2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate state law.
      (2)   (a)   Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         (b)   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
      (3)   (a)   Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under R.C. Chapter 4510 or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under R.C. § 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
         (b)   In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6) or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or a traffic-related murder, felonious assault, or attempted murder offense, a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
   (C)   The court shall impose a mandatory jail term of at least 15 days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
   (D)   Divisions (A)(2)(b) and (A)(3)(b) of this section do not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27. The failure to erect signs of the type described in R.C. § 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
   (E)   (1)   As used in this section:
         CONSTRUCTION ZONE has the same meaning as in R.C. § 5501.27.
         MANDATORY PRISON TERM has the same meaning as in R.C. § 2929.01.
         MOTOR VEHICLE has the same meaning as in R.C. § 4501.01.
         RECKLESS OPERATION OFFENSE means a violation of R.C. § 4511.20 or a municipal ordinance substantially equivalent to R.C. § 4511.20.
         SPEEDING OFFENSE means a violation of R.C. § 4511.21 or a municipal ordinance pertaining to speed.
         TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE means a violation of R.C. § 2903.04 in circumstances in which division (D) of that section applies, a violation of R.C. §§ 2903.06 or 2903.08, or a violation of R.C. §§ 2903.06, 2903.07, or 2903.08 as they existed prior to March 23, 2000.
         TRAFFIC-RELATED MURDER, FELONIOUS ASSAULT, OR ATTEMPTED MURDER OFFENSE means a violation of R.C. § 2903.01 or R.C. § 2903.02 in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of R.C. § 2903.11(A)(2) in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of R.C. § 2923.02 in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
      (2)   For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of this or another state or the United States.
(R.C. § 2903.06)
   (F)   Vehicular assault.
      (1)   No person, while operating or participating in the operation of a motor vehicle or motorcycle, shall cause serious physical harm to another person or another's unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F)(4) of this section.
      (2)   (a)   Except as otherwise provided in this division, vehicular assault committed in violation of division (F)(1) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (F)(1) of this section is a felony to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension imposed under R.C. Chapter 4510 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of division (F)(1) of this section, R.C. § 2903.08, or any traffic-related homicide, manslaughter, or assault offense.
         (b)   In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(4).
      (3)   The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (F)(1) of this section and may impose upon the offender a longer jail term as authorized pursuant to R.C. § 2929.24.
      (4)   Division (F)(1) of this section does not apply in a particular construction zone unless signs of the type described in R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under R.C. § 5501.27.
      (5)   As used in this division (F):
         CONSTRUCTION ZONE. Has the same meaning as in R.C. § 5501.27.
         MANDATORY JAIL TERM. Has the same meaning as in R.C. § 2929.01.
         SPEEDING OFFENSE. Has the same meaning as in R.C. § 2903.06.
         TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE. Has the same meaning as in R.C. § 2903.06.
      (6)   For the purposes of this division (F), when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(R.C. 2903.08(A)(3), (C)(3), (D)(3), (E) - (G)) Penalty, see § 130.99
Statutory reference:
   Trial court to suspend or revoke driver’s license, see R.C. §§ 4507.16 and 4507.163
   Vehicular assault and aggravated vehicular assault, felony offenses, see R.C. § 2903.08
§ 135.04 ASSAULT; NEGLIGENT ASSAULT.
   (A)   Assault.
      (1)   No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
      (2)   No person shall recklessly cause serious physical harm to another or to another's unborn.
      (3)   Whoever violates division (A)(1) or (A)(2) of this section is guilty of assault. Except as provided in R.C. § 2903.13(C), assault is a misdemeanor of the first degree.
      (4)   If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in R.C. § 2941.1423 (victim of the offense was a woman whom the defendant knew was pregnant at the time of the offense) that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in R.C. § 2929.24(F).
      (5)   A prosecution for a violation of division (A)(1) or (A)(2) 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 division (A)(1) or (A)(2) of this section or any other section of the Ohio Revised Code may be prosecuted under division (A)(1) or (A)(2) of 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 division (A)(1) or (A)(2) of this section and also is convicted of or pleads guilty to a violation of R.C. § 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of division (A)(1) or (A)(2) of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.
(R.C. § 2903.13) (‘97 Code, § 131.01)
   (B)   Negligent assault.
      (1)   No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in R.C. § 2923.11, cause physical harm to another or to another's unborn.
      (2)   Whoever violates division (B)(1) of this section is guilty of negligent assault, a misdemeanor of the third degree.
(R.C. § 2903.14) (‘97 Code, § 131.02) Penalty, see § 130.99
Statutory reference:
   Aggravated and felonious assault, see R.C. §§ 2903.11 and 2903.12
   Felony assault offenses, see R.C. § 2903.13(C)
   Permitting child abuse, felony offense, see R.C. § 2903.15
   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
   Strangulation, felony offense, see R.C. § 2903.18
   Vehicular assault and aggravated vehicular assault, felony offenses, see R.C. § 2903.08
§ 135.05 INJURY TO PERSONS BY HUNTERS.
   (A)   No person in the act of hunting, pursuing, taking, or killing a wild animal shall act in a negligent, careless, or reckless manner so as to injure persons.
(R.C. § 1533.171(A))
   (B)   Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(R.C. § 1533.99(C)) Penalty, see § 130.99
Statutory Reference:
   Violation, license revocation, see R.C. § 1533.171(B) – (E)
§ 135.06 MENACING; AGGRAVATED MENACING; MENACING BY STALKING.
   (A)   Menacing.
      (1)   (a)   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.
         (b)   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:
            1.   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.
            2.   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.
      (2)   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:
         (a)   Except as otherwise provided in division (A)(2)(b) of this section, a misdemeanor of the first degree;
         (b)   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.
      (3)   A prosecution for a violation of division (A) 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 division (A) of this section or any other section of the Ohio Revised Code may be prosecuted under division (A) of 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 division (A) 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 division (A) of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.
      (4)   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) (‘97 Code, § 131.04)
   (B)   Aggravated menacing.
      (1)   No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of such other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious 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 (B)(1) of this section is guilty of aggravated menacing. Except as otherwise provided in this division (B)(2), aggravated menacing is a misdemeanor of the first 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, aggravated menacing is a felony to be prosecuted under appropriate state law 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 (B), ORGANIZATION includes an entity that is a governmental employer.
(R.C. § 2903.21) (‘97 Code, § 131.03)
   (C)   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 (C)(1)(a) of this section;
            2.   Urge or incite another to commit a violation of division (C)(1)(a) of this section.
         (c)   No person, with a sexual motivation, shall violate division (C)(1)(a) or (C)(1)(b) of this section.
      (2)   Whoever violates division (C)(1) of this section is guilty of menacing by stalking.
         (a)   Except as otherwise provided in division (C)(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 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 (C)(1)(a), (C)(1)(b) or (C)(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 (C)(1)(b) or (C)(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 (C)(1)(a), (C)(1)(b) or (C)(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 (C)(1)(b) or (C)(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 (C)(1)(a) of this section or a violation of division (C)(1)(c) of this section based on conduct in violation of division (C)(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 (C)(2)(b)6. of this section does not apply in determining the penalty for a violation of division (C)(1)(b) of this section or a violation of division (C)(1)(c) of this section based on conduct in violation of division (C)(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 R.C. § 2903.213 or R.C. § 2903.214, regardless of whether or the person to be protected under the order is the victim of the offense or another person.
            8.   In committing the offense under division (C)(1)(a), (C)(1)(b) or (C)(1)(c) 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 (C)(1)(b) of this section or an offense committed under division (C)(1)(c) of this section based on a violation of division (C)(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)   R.C. § 2919.271 applies in relation to a defendant charged with a violation of this section.
      (4)   As used in division (C) of this section:
         COMPUTER, COMPUTER NETWORK, COMPUTER PROGRAM, COMPUTER SYSTEM, and TELECOMMUNICATIONS DEVICE. Have the same meanings 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. 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 (C)(1)(a) 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 (C)(1)(a) of this section is committed is the other natural parent or is the putative other natural parent.
         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.
         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. Means a person who is living or has lived with the person against whom the act prohibited in division (C)(1)(a) 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.
         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.
         THIRD PERSON. In relation to conduct as described in division (C)(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 (C) 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 (2) of the definition for “mental distress” in this section.
      (6)   (a)   Division (C) 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 (C) of this section.
         (b)   Division (C)(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 (C) of this section except as otherwise provided by law.
         (c)   Division (C)(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 (C) of this section or who knowingly advertises the availability of material of that nature.
(R.C. § 2903.211) Penalty, see § 130.99
Cross-reference:
   Violation of protection orders, see § 135.23
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
§ 135.07 UNLAWFUL RESTRAINT.
   (A)   No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty.
   (B)   No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty.
   (C)   Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
   (D)   As used in this section, SEXUAL MOTIVATION has the same meaning as in R.C. § 2971.01
(R.C. § 2905.03) Penalty, see § 130.99
§ 135.08 [REPEALED]
Editor's note:
   This section was formerly based on R.C. § 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that R.C. § 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).
§ 135.09 COERCION.
   (A)   No person, with purpose to coerce another into taking or refraining from action concerning which he or she has a legal freedom of choice, shall do any of the following:
      (1)   Threaten to commit any offense.
      (2)   Utter or threaten any slander against any person.
      (3)   Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage his or her personal or business repute, or to impair his or her credit.
      (4)   Institute or threaten criminal proceedings against any person.
      (5)   Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
   (B)   Divisions (A)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
      (1)   Offering or agreeing to grant, or granting immunity from prosecution pursuant to R.C. § 2945.44.
      (2)   In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he or she is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence.
      (3)   Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his or her offense.
   (C)   It is an affirmative defense to a charge under division (A)(3), (4), or (5) of this section that the actor's conduct was a reasonable response to the circumstances which occasioned it, and that his or her purpose was limited to:
      (1)   Compelling another to refrain from misconduct or to desist from further misconduct.
      (2)   Preventing or redressing a wrong or injustice.
      (3)   Preventing another from taking action for which the actor reasonably believed the other person to be disqualified.
      (4)   Compelling another to take action which the actor reasonably believed the other person to be under a duty to take.
   (D)   Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
   (E)   As used in this section, THREAT includes a direct threat and a threat by innuendo.
(R.C. § 2905.12) (‘97 Code, § 131.05) Penalty, see § 130.99
§ 135.10 BIGAMY.
   (A)   No married person shall marry another or continue to cohabit with such other person in this municipality.
   (B)   It is an affirmative defense to a charge under this section that the actor's spouse was continuously absent for five years immediately preceding the purported subsequent marriage, and was not known by the actor to be alive within that time.
   (C)   Whoever violates this section is guilty of bigamy, a misdemeanor of the first degree.
(R.C. § 2919.01) Penalty, see § 130.99
§ 135.11 UNLAWFUL ABORTION; ABORTION TRAFFICKING.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABORTION. The purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead fetus or embryo.
(R.C. § 2919.11)
      EMANCIPATED. A minor shall be considered emancipated if the minor has married, entered the armed services of the United States, become employed and self-subsisting, or has otherwise become independent from the care and control of her parent, guardian or custodian.
      UNEMANCIPATED. A woman who is unmarried and under 18 years of age who has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.
   (B)   No person shall perform or induce an abortion without the informed consent of the pregnant woman.
   (C)   No person shall knowingly perform or induce an abortion upon a pregnant minor unless one of the following is the case:
      (1)   The attending physician has secured the informed written consent of the minor and one parent, guardian or custodian;
      (2)   The minor is emancipated and the attending physician has received her informed written consent;
      (3)   The minor has been authorized to consent to the abortion by a court order issued pursuant to R.C. § 2919.121(C) and the attending physician has received her informed written consent; or
      (4)    The court has given its consent in accordance with R.C. § 2919.121(C) and the minor is having the abortion willingly.
   (D)   No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under 18 years of age, and unemancipated unless at least one of the circumstances enumerated in R.C. § 2919.12(B) applies.
   (E)   (1)   It is an affirmative defense to a charge under division (D) of this section that the pregnant woman provided the person who performed or induced the abortion with false, misleading, or incorrect information about her age, marital status, or emancipation, about the age of the brother or sister to whom she requested notice to be given as a specified relative instead of one of her parents, her guardian, or her custodian, or about the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given and the person who performed or induced the abortion did not otherwise have reasonable cause to believe the pregnant woman was under 18 years of age, unmarried, or unemancipated, to believe that the age of the brother or sister to whom she requested notice be given as a specified relative instead of one of her parents, her guardian, or her custodian was not 21 years of age, or to believe that the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given was incorrect.
      (2)   It is an affirmative defense to a charge under this section that compliance with the requirements of this section was not possible because an immediate threat of serious risk to the life or physical health of the pregnant woman or pregnant minor from the continuation of her pregnancy created an emergency necessitating the immediate performance or inducement of an abortion.
   (F)   Whoever violates this section is guilty of unlawful abortion. A violation of division (B), (C) or (D) of this section is a misdemeanor of the first degree on the first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
   (G)   Whoever violates this section is liable to the pregnant woman or pregnant minor, and her parents, guardian, or custodian for civil, compensatory and exemplary damages.
(R.C. §§ 2919.12, 2919.121)
   (H)   (1)   Division (C) of this section applies in lieu of division (D) of this section whenever its operation is not enjoined. If division (C) of this section is enjoined, division (D) of this section applies.
      (2)   If a person complies with the requirements of division (D) of this section under the good faith belief that the application or enforcement of division (C) of this section is subject to a restraining order or injunction, good faith compliance shall constitute a complete defense to any civil, criminal or professional disciplinary action brought under division (C) of this section or R.C. § 2919.121.
      (3)   If a person complies with the requirements of division (C) of this section under the good faith belief that it is not subject to a restraining order or injunction, good faith compliance shall constitute a complete defense to any civil, criminal or professional disciplinary action for failure to comply with the requirements of division (D) of this section.
(R.C. § 2919.122)
   (I)   Abortion trafficking.
      (1)   No person shall experiment upon or sell the product of human conception which is aborted. Experiment does not include autopsies pursuant to R.C. §§ 313.13 and 2108.50.
      (2)   Whoever violates division (J) of this section is guilty of abortion trafficking, a misdemeanor of the first degree.
(R.C. § 2919.14) Penalty, see § 130.99
Statutory reference:
   Judicial bypass, see R.C. § 2151.85
   Judicial consent and the right of a minor to consent, see R.C. § 2919.121(C)
   Notice or consent requirements for unmarried minors, see R.C. § 2919.12(B)
§ 135.12 MISREPRESENTATION RELATING TO PROVISION OF CHILD CARE.
   (A)   No child care provider shall knowingly misrepresent any factor or condition that relates to the provision of child care and that substantially affects the health or safety of any child or children in that provider’s facility or receiving child care from that provider to any of the following:
      (1)   A parent, guardian, custodian, or other person responsible for the care of a child in the provider’s facility or receiving child care from the provider;
      (2)   A parent, guardian, custodian, or other person responsible for the care of a child who is considering the provider as a child care provider for the child;
      (3)   A public official responsible for issuing the provider a license or certificate to provide child care;
      (4)   A public official investigating or inquiring about the provision of child care by the provider;
      (5)   A peace officer.
   (B)   For the purposes of this section, “any factor or condition that relates to the provision of child care” includes, but is not limited to, the following:
      (1)   The person or persons who will provide child care to the child of the parent, guardian, custodian, or other person responsible for the care of the child, or to the children in general;
      (2)   The qualifications to provide child care of the child care provider, of a person employed by the provider, or of a person who provides child care as a volunteer;
      (3)   The number of children to whom child care is provided at one time or the number of children receiving child care in the child care facility at one time;
      (4)   The conditions or safety features of the child care facility;
      (5)   The area of the child care facility in which child care is provided.
   (C)   Whoever violates division (A) of this section is guilty of misrepresentation by a child care provider, a misdemeanor of the first degree.
(R.C. § 2919.224) Penalty, see § 130.99
§ 135.13 NONSUPPORT OF DEPENDENTS.
   (A)   No person shall abandon, or fail to provide adequate support to:
      (1)   The person’s spouse, as required by law;
      (2)   The person’s child who is under age 18, or the persons’s child with a mental or physical disability who is under age 21;
      (3)   The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.
   (B)   (1)   No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person:
         (a)   Is legally obligated to support; or
         (b)   Was legally obligated to support, and an amount for support:
            1.   Was due and owing prior to the date the person’s duty to pay current support terminated; and
            2.   Remains unpaid.
      (2)   The period of limitation under R.C. § 2901.13 applicable to division (B)(1)(b) of this section shall begin to run on the date the person’s duty to pay current support terminates.
   (C)   No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in R.C. § 2151.04, or a neglected child, as defined in R.C. § 2151.03.
   (D)   It is an affirmative defense to a charge of failure to provide adequate support under division (A) of this section or a charge of failure to provide support established by a court order under division (B) of this section that the accused was unable to provide adequate support or the established support, but did provide the support that was within his or her ability and means.
   (E)   It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age 18, or had a mental or physical disability and was under age 21.
   (F)   It is not a defense to a charge under division (B) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.
   (G)   (1)   Except as otherwise provided in this division, whoever violates division (A) or (B) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A)(2) or (B) of this section or a substantially equivalent state law or municipal ordinance, or if the offender has failed to provide support under division (A)(2) or (B) of this section for a total accumulated period of 26 weeks out of 104 consecutive weeks, whether or not the 26 weeks were consecutive, then a violation of division (A)(2) or (B) of this section is a felony to be prosecuted under appropriate state law. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (A)(2) or (B) of this section is a felony to be prosecuted under appropriate state law.
      (2)   If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to R.C. § 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, 3115.401, or former R.C. § 3115.31, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney’s fees of any adverse party other than the state, as determined by the court, that arose in relation to the charge.
      (3)   Whoever violates division (C) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of a violation of division (C) of this section is a separate offense.
(R.C. § 2919.21) Penalty, see § 130.99
§ 135.14 ENDANGERING CHILDREN.
   (A)   No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under 18 years of age or a child with a mental or physical disability under 21 years of age, shall create a substantial risk to the health or safety of the child by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
   (B)   No person shall do any of the following to a child under 18 years of age or a child with a mental or physical disability under 21 years of age:
      (1)   Abuse the child.
      (2)   Torture or cruelly abuse the child.
      (3)   Administer corporal punishment or other physical disciplinary measure, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
      (4)   Repeatedly administer unwarranted disciplinary measures to a child when there is a substantial risk that such conduct, if continued, will seriously impair or retard the child's mental health or development.
      (5)   Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented matter.
   (C)   (1)   No person shall operate a vehicle, as defined by R.C. § 4511.01, within the municipality and in violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, when one or more children under 18 years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of R.C. § 4511.19(A), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of this division. For purposes of R.C. § 4511.191 through 4511.197 and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
      (2)   As used in division (C)(1) of this section:
         CONTROLLED SUBSTANCE has the same meaning as in R.C. § 3719.01.
         VEHICLE has the same meanings as in R.C. § 4511.01.
   (D)   (1)   Division (B)(5) of this section does not apply to any material or performance that is produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursing bona fide studies for research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.
      (2)   Mistake of age is not a defense to a charge under division (B)(5) of this section.
      (3)   In a prosecution under division (B)(5) of this section, the trier of fact may infer that an actor, model, or participant in the material or performance involved is a juvenile if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the actor, model, or participant as a juvenile.
      (4)   As used in this division and division (B)(5) of this section:
         MATERIAL, PERFORMANCE, OBSCENE, and SEXUAL ACTIVITY have the same meanings as in R.C. § 2907.01.
         NUDITY-ORIENTED MATTER means any material or performance that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to the prurient interest.
         SEXUALLY ORIENTED MATTER means any material or performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality.
   (E)   Whoever violates this section is guilty of endangering children.
      (1)   If the offender violates division (A) or (B)(1) of this section, endangering children is one of the following:
         (a)   Except as otherwise provided in division (E)(1)(b),(c) or (d), a misdemeanor of the first degree.
         (b)   If the offender previously has been convicted of an offense under this section or a substantially similar state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (E)(1)(c) or (d) of this section, endangering children is a felony to be prosecuted under appropriate state law.
         (c)   If the violation is a violation of division (A) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
         (d)   If the violation is a violation of division (B)(1) of this section and results in serious physical harm to the child involved, endangering children is a felony to be prosecuted under appropriate state law.
      (2)   If the offender violates division (B)(2), (3), (4) or (5) of this section, endangering children is a felony to be prosecuted under appropriate state law.
      (3)   If the offender violates division (C) of this section, the offender shall be punished as follows:
         (a)   Except as provided in (E)(3)(b) or (c), endangering children in violation of division (C) of this section is a misdemeanor of the first degree.
         (b)   If the violation results in serious physical harm to the child or if the offender previously has been convicted of a violation of this section or a substantially similar state law or municipal ordinance, or of any offense involving neglect, abandonment, or contributing to the delinquency of or physical abuse of a child, except as otherwise provided in division (E)(3)(c) of this section, endangering children in violation of division (C) of this section is a felony to be prosecuted under appropriate state law.
         (c)   If the violation results in serious physical harm to the child and if the offender previously has been convicted of a violation of this section, R.C. §§ 2903.06, 2903.08, 2919.22(C) or former R.C. § 2903.07 as it existed prior to March 23, 2000, or R.C. § 2903.04, in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (C) of this section is a felony to be prosecuted under appropriate state law.
         (d)   In addition to any term of imprisonment, fine, or other sentence, penalty or sanction it imposes upon the offender pursuant to divisions (E)(3)(a), (E)(3)(b) or (E)(3)(c) of this section or pursuant to any other provision of law, and in addition to any suspension of the offender’s driver’s license or commercial driver’s license or permit or nonresident operating privilege under R.C. Chapter 4506, 4509, 4510, or 4511, or any other provision of law, the court also may impose upon the offender a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
         (e)   In addition to any term of imprisonment, fine, or other sentence, penalty or sanction imposed upon the offender pursuant to division (E)(3)(a), (b), (c) or (d) of this section or pursuant to any other provision of law for the violation of division (C) of this section, if as a part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (C) of this section, the offender also shall be sentenced in accordance with R.C. § 4511.99, or a substantially similar municipal ordinance, and also shall be subject to all other sanctions that are required or authorized by any provision of law for that violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance.
   (F)   (1)   If a person violates division (C) of this section and if, at the time of the violation, there were two or more children under 18 years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (C) of this section for each of the children, but the court may sentence the offender for only one of the violations.
      (2)   (a)   If a person is convicted of or pleads guilty to a violation of division (C) of this section but the person is not also convicted of and does not also plead guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (C) of this section, both the following apply:
            1.   For purposes of the provisions of R.C. § 4511.99, or a substantially similar municipal ordinance, that set forth the penalties and sanctions for a violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute a violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance.
            2.   For purposes of the provisions of law that refers to a conviction of or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance, and that is not described in division (E)(2)(a)1. of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall constitute a conviction or plea of guilty to a violation of R.C. § 4511.19(A), or a substantially similar municipal ordinance.
         (b)   If a person is convicted of or pleads guilty to a violation of division (C) of this section and the person also is convicted of or pleads guilty to a separate charge of violating R.C. § 4511.19(A), or a substantially similar municipal ordinance, that was the basis of the charge of the violation of division (C) of this section, the conviction of or plea of guilty to the violation of division (C) of this section shall not constitute, for the purposes of any provision of law that refers to a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially similar municipal ordinance, a conviction of or a plea of guilty to a violation of R.C. § 4511.19(A) or a substantially similar municipal ordinance.
(R.C. § 2919.22(A) - (E), (H)) Penalty, see § 130.99
Statutory reference:
   Community service and license suspension, requirements, see R.C. § 2919.22(F) and (G)
   Permitting child abuse, felony offense, see R.C. § 2903.15
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