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(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
(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
(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
(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
Editor's note:
In November 2023, voters approved Issue 1, enacting Article 1, Section 22 to the Ohio Constitution relating to reproductive rights. To ensure that there are no conflicts with this Constitutional amendment, this section, relating to unlawful abortion, failure to perform viability testing, and abortion trafficking, has been removed from this code.
(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
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