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(a) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime, or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following:
(1) Harbor or conceal the other person or child.
(2) Provide the other person or child with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension.
(3) Warn the other person or child of impending discovery or apprehension.
(4) Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning him or her to testify or supply evidence.
(5) Communicate false information to any person.
(6) Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child.
(b) A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of division (a) of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed. The crime or act the person or child aided committed shall be used under division (c) of this section in determining the penalty for violation of division (a) of this section, regardless of whether the person or child aided ultimately is apprehended for, is charge with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed.
(c) Whoever violates this section is guilty of obstructing justice.
(1) If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult.
(2) If the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, or if the crime or act committed by the person or child aided is an act of terrorism, obstructing justice is a felony to be prosecuted under appropriate State law.
(d) As used in this section:
(1) “Act of terrorism” has the same meaning as in Ohio R.C. 2909.21.
(2) “Adult” and “child” have the same meaning as in Ohio R.C. 2151.011.
(3) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02.
(ORC 2921.32) (Ord. 95-96. Passed 7-15-96.)
(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself, herself or another.
(b) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
(c) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon; or
(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.
(d) Whoever violates this section is guilty of resisting arrest. A violation of division (a) of this section is a misdemeanor of the second degree. A violation of division (b) of this section is a misdemeanor of the first degree. A violation of division (c) of this section is a felony to be prosecuted under appropriate State law.
(e) As used in this section, “deadly weapon” has the same meaning as in Ohio R.C. 2923.11.
(ORC 2921.33) (Ord. 95-96. Passed 7-15-96.)
(a) No public official shall knowingly do any of the following:
(1) Authorize or employ the authority of the public official’s office to secure authorization of any public contract in which the public official, a member of the public official’s family, or any of business associates has an interest.
(2) Authorize or employ the authority or influence of the public official’s office to secure the investment of public funds in any share, bond, mortgage, or other security with respect to which the public official, a member of the public official’s family, or any of the public official’s business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.
(3) During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission, or board of which the public official was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which the public official is connected.
(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when required by law, and that involves more than one hundred fifty dollars ($150.00).
(b) In the absence of bribery or a purpose to defraud, a public official, member of the public official’s family, or any of the public official’s business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
(1) The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested.
(2) The shares owned or controlled by that person do not exceed 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 5% of the total indebtedness of the corporation or other organization.
(3) That person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving that person’s exact status in connection with the corporation or other organization.
(c) This section does not apply to a public contract in which a public official, member of the public official’s family, or one of the public official’s business associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved.
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official’s becoming associated with the political subdivision or governmental agency or instrumentality involved.
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions.
(4) The entire transaction is conducted at arm’s length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public monies if the public employee otherwise qualifies for the program and does not use the authority or influence of the public official’s office or employment to secure benefits from the program and if the monies are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.
(e) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law. Violation of division (a)(3), (4), or (5) of this section is a misdemeanor of the first degree.
(f) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for a chief legal officer of a municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a township law director appointed under Ohio R.C. 504.15 to appoint assistants and employees in accordance with Ohio R.C. 504.151 and 2921.421.
(g) Any public contract in which a public official, a member of the public official’s family or any of the public official’s business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official’s family or any of the public official’s business associates has an interest, is an underwriter or receives any brokerage, origination or servicing fees and that was entered into in violation of this section is void and unenforceable.
(h) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Chief legal officer” has the same meaning as in Ohio R.C. 733.621.
(2) “Public contract” means any of the following:
A. The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the State or any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.
B. A contract for the design, construction, alteration, repair, or maintenance of any public property.
(ORC 2921.42)
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