(a) Prohibited conduct.
(1) A. No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
B. No person, through the use of any electronic method of remotely transferring information, including but not limited to any computer, computer network, computer program or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (a)(1)A. of this section.
C. No person, with a sexual motivation, shall violate division (a)(1)A. or (a)(1)B. of this section.
(2) Whoever violates division (a)(1) of this section is guilty of menacing by stalking.
A. Except as otherwise provided in division (a)(2)B. of this section, menacing by stalking is a misdemeanor of the first degree.
B. Menacing by stalking is a felony, to be prosecuted under appropriate state law, if any of the following applies:
1. The offender previously has been convicted of or pleaded guilty to a violation of 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 (a)(1)A., (a)(1)B. or (a)(1)C. of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (a)(1)B. or (a)(1)C. of this section, a third person induced by the offender's posted message made a threat of physical harm to or against the victim.
3. In committing the offense under division (a)(1)A., (a)(1)B. or (a)(1)C. of this section, the offender trespassed on the land or premises where the victim lives, is employed or attends school, or as a result of an offense committed under division (a)(1)B. or (a)(1)C. of this section, a third person induced by the offender's posted message trespassed on the land or premises where the victim lives, is employed or attends school.
4. The victim of the offense is a minor.
5. The offender has a history of violence towards the victim or any other person or a history of other violent acts towards the victim or any other person.
6. While committing the offense under division (a)(1)A. of this section or a violation of division (a)(1)C. of this section based on conduct in violation of division (a)(1)A. of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (a)(2)B.6. of this section does not apply in determining the penalty for a violation of division (a)(1)B. of this section or a violation of division (a)(1)C. of this section based on conduct in violation of division (a)(1)B. of this section.
7. At the time of the commission of the offense, the offender was the subject of a protection order issued under R.C. § 2903.213 or § 2903.214, regardless of whether or not the person to be protected under the order is the victim of the offense or another person.
8. In committing the offense under division (a)(1)A., (a)(1)B. or (a)(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 (a)(1)B. of this section or an offense committed under division (a)(1)C. of this section based on a violation of division (a)(1)B. of this section, a third person induced by the offender's posted message caused serious physical harm to that premises, that real property or any personal property on that premises.
9. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious harm, or other evidence of then-present dangerousness.
10. The victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties.
11. The offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties.
(3) R.C. § 2919.271 applies in relation to a defendant charged with a violation of this section.
(4) For the purpose of division (a) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. "Computer," "computer network," "computer program," "computer system," and "telecommunications device." Have the same meanings as in R.C. § 2913.01.
B. "Emergency facility person." The singular of "emergency facility personnel" as defined in R.C. § 2909.04.
C. "Emergency medical services person." The singular of "emergency medical services personnel" as defined in R.C. § 2133.21.
D. "Mental distress." 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.
E. "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. 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 or receipt of information or data through the use of 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".
F. "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.
G. "Public official." Has the same meaning as in R.C. § 2921.01.
H. "Sexual motivation." Has the same meaning as in R.C. § 2971.01.
I. "Third person." In relation to conduct as described in division (a)(1)B. of this section, an individual who is neither the offender nor the victim of the conduct.
(5) The prosecution does not need to prove in a prosecution under division (a) of this section that a person requested or received psychiatric treatment, psychological treatment or other mental health services in order to show that the person was caused mental distress as described in division (a)(4)D.2. of this section.
(6) A. Division (a) of this section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is or will be sent in violation of division (a) of this section.
B. Division (a)(6)A. of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is or will be sent in violation of division (a) of this section except as otherwise provided by law.
C. Division (a)(6)A. of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of division (a) of this section or who knowingly advertises the availability of material of that nature.
(R.C. § 2903.211)
(b) Protection order. Consult R.C. § 2903.213 for current provisions regarding protection orders, consent agreements, anti-stalking protection orders and orders issued by a court of another state.
(c) Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state.
(1) No person shall recklessly violate the terms of any of the following:
A. A protection order issued or consent agreement approved pursuant to R.C. § 2919.26 or § 3113.31;
B. A protection order issued pursuant to R.C. § 2151.34, 2903.213 or 2903.214;
C. A protection order issued by a court of another state.
(2) A. Whoever violates division (c) of this section is guilty of violating a protection order.
B. Except as otherwise provided in division (c)(2)C. or (c)(2)D. of this section, violating a protection order is a misdemeanor of the first degree.
C. If the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for a protection order issued pursuant to R.C. § 2151.34, 2903.213 or 2903.214, two or more violations of R.C. § 2903.21, 2903.211, 2903.22 or 2911.211, or a substantially equivalent state law or municipal ordinance, that involved the same person who is the subject of the protection order or consent agreement, or one or more violations of this section or a substantially equivalent state law or municipal ordinance, violating a protection order is a felony to be prosecuted under appropriate state law.
D. If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony to be prosecuted under appropriate state law.
E. If the protection order violated by the offender was an order issued pursuant to R.C. § 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent and subject to the maximum amount allowable and the rules promulgated by the Attorney General under R.C. § 2903.214, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to R.C. § 2743.191. The total amount paid from the Reparations Fund created pursuant to R.C. § 2743.191 for electronic monitoring under R.C. §§ 2151.34, 2903.214 and 2919.27 shall not exceed $300,000 per year.
(3) It is an affirmative defense to a charge under division (c)(1)C. of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. § 2265(b) for a protection order that must be accorded full faith a credit by a court of this state or that it is not entitled to full faith and credit under 18 U.S.C. § 2265(c).
(4) As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. The term does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.
(R.C. § 2919.27)