CHAPTER 132:  OFFENSES AGAINST PUBLIC PEACE
Section
   132.01   Riot
   132.02   Failure to disperse
   132.03   Justifiable use of force to suppress riot
   132.04   Disorderly conduct
   132.05   Disturbing a lawful meeting
   132.06   Misconduct at an emergency
   132.07   Telecommunications harassment
   132.08   Inducing panic
   132.09   Making false alarms
   132.10   Inciting to violence
   132.11   Unlawful display of law enforcement emblem
   132.12   Impersonating a peace officer
   132.13   Safety of crowds attending live entertainment performances
   132.14   Misconduct involving a public transportation system
Cross-reference:
   Personating an officer (fraud offense), see § 131.28
Statutory reference:
   Misuse of “Block Parent” or “McGruff House” symbol, see R.C. § 2917.46
§ 132.01  RIOT.
   (A)   No person shall participate with four or more others in a course of disorderly conduct in violation of R.C. § 2917.11 or a substantially equivalent municipal ordinance:
      (1)   With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
      (2)   With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government;
      (3)   With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at the institution.
   (B)   No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.
   (C)   Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
(R.C. § 2917.03) (Rev. 1999)
   (D)   For the purposes of prosecuting violations of this section, the prosecution is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation this section prior to or while committing those acts.
(R.C. § 2917.031) (Rev. 2005)
Statutory reference:
   Aggravated riot, felony provisions, see R.C. § 2917.02
§ 132.02  FAILURE TO DISPERSE.
   (A)   Where five or more persons are participating in a course of disorderly conduct in violation of R.C. § 2917.11 or a substantially equivalent municipal ordinance, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and the other persons to disperse. No person shall knowingly fail to obey the order.
   (B)   Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
   (C)   (1)   Whoever violates this section is guilty of failure to disperse.
      (2)   Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.
      (3)   Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(R.C. § 2917.04) (Rev. 2005)
§ 132.03  JUSTIFIABLE USE OF FORCE TO SUPPRESS RIOT.
   A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:
   (A)   Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;
   (B)   Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.
(R.C. § 2917.05)
§ 132.04  DISORDERLY CONDUCT.
   (A)   No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:
      (1)   Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
      (2)   Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
      (3)   Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
      (4)   Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
      (5)   Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
   (B)   No person while voluntarily intoxicated shall do either of the following:
      (1)   In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if he or she were not intoxicated, should know is likely to have such effect on others;
      (2)   Engage in conduct or create a condition that presents a risk of physical harm to himself, herself or another, or to the property of another.
   (C)   Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse is not a violation of division (B) of this section.
   (D)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (B) of this section.
   (E)   Whoever violates this section is guilty of disorderly conduct.
      (1)   Except as otherwise provided in division (E)(2) of this section, disorderly conduct is a minor misdemeanor.
      (2)   Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
         (a)   The offender persists in disorderly conduct after reasonable warning or request to desist.
         (b)   The offense is committed in the vicinity of a school or in a school safety zone.
         (c)   The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
         (d)   The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
   (F)   As used in this section:
      COMMITTED IN THE VICINITY OF A SCHOOL. Has the same meaning as in R.C. § 2925.01.
      EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.
      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.
(R.C. § 2917.11) (Rev. 2002)
§ 132.05  DISTURBING A LAWFUL MEETING.
   (A)   No person, with purpose to prevent or disrupt a lawful meeting, procession, or gathering, shall do either of the following:
      (1)   Do any act which obstructs or interferes with the due conduct of the meeting, procession, or gathering.
      (2)   Make any utterance, gesture, or display which outrages the sensibilities of the group.
   (B)   Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
(R.C. § 2917.12)
§ 132.06  MISCONDUCT AT AN EMERGENCY.
   (A)   No person shall knowingly do any of the following:
      (1)   Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;
      (2)   Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;
      (3)   Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.
   (B)   Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.
   (C)   Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.
   (D)   As used in this section:
      EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.
      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.
(R.C. § 2917.13) (Rev. 2005)
§ 132.07  TELECOMMUNICATIONS HARASSMENT.
   (A)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
      (1)   Makes the telecommunication with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
      (2)   Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
      (3)   During the telecommunication, violates R.C. § 2903.21 or a substantially equivalent municipal ordinance;
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
      (6)   Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient;
      (7)   Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;
      (8)   Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document, or other communication that prevents that person from using the person’s telephone service or electronic communication device;
      (9)   Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;
      (10)   Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;
      (11)   Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.
   (B)   (1)   No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person.
      (2)   No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.
   (C)   (1)   Whoever violates this section is guilty of telecommunications harassment.
      (2)   A violation of division (A)(1), (A)(2), (A)(3), (A)(5), (A)(6), (A)(7), (A)(8), (A)(9), (A)(10), or (A)(11) or (B) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division (C)(3), a violation of division (A)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate state law. If a violation of division (A)(4) of this section results in economic harm of $1,000 or more, telecommunications harassment is a felony to be prosecuted under appropriate state law.
   (D)   No cause of action may be asserted in any court of this municipality against any provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or against any officer, employee, or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.
   (E)   (1)   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 the person believes is, or will be sent, in violation of this section.
      (2)   Division (E)(1) 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 this section except as otherwise provided by law.
      (3)   Division (E)(1) 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 this section or who knowingly advertises the availability of material of that nature.
      (4)   A provider or user of an interactive computer service, as defined in 47 U.S.C. § 230, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in 47 U.S.C. § 230, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in 47 U.S.C. § 230. Nothing in this division shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.
   (F)   Divisions (A)(5) to (A)(11) and (B)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing, or disseminating information for the general public within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity.
   (G)   As used in divisions (A) through (D) of this section:
      CABLE OPERATOR. Has the same meaning as in R.C. § 1332.21.
      CALLER. Means the person described in division (A) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control.
      ECONOMIC HARM. Means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes but is not limited to all of the following:
         (a)   All wages, salaries or other compensation lost as a result of the criminal conduct;
         (b)   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
         (c)   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
         (d)   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      FAMILY OR HOUSEHOLD MEMBER. Means any of the following:
         (a)   Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed:
            1.   A spouse, a person living as a spouse, or a former spouse of the recipient;
            2.   A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
            3.   A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.
         (b)   The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed is the other natural parent or is the putative other natural parent.
      PERSON LIVING AS A SPOUSE. Means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.
      SEXUAL ACTIVITY. Has the same meaning as in R.C. § 2907.01.
      TELECOMMUNICATION. Has the same meaning as in R.C. § 2913.01.
      TELECOMMUNICATIONS DEVICE. Has the same meaning as in R.C. § 2913.01.
   (H)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the “Fair Debt Collection Practices Act,” 15 U.S.C. § 1692, as amended, or the “Telephone Consumer Protection Act,” 47 U.S.C. § 227, as amended.
(R.C. § 2917.21) (Rev. 2017)
§ 132.08  INDUCING PANIC.
   (A)   No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
      (1)   Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false.
      (2)   Threatening to commit any offense of violence.
      (3)   Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
   (B)   Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
   (C)   (1)   Whoever violates this section is guilty of inducing panic.
      (2)   Except as otherwise provided in division (C)(3), inducing panic is a misdemeanor of the first degree.
      (3)   If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (A)(1) is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.
   (D)   (1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
      (2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or this code may be prosecuted under this section, the other section, or both sections.
   (E)   As used in this section:
      BIOLOGICAL AGENT. Has the same meaning as in R.C. § 2917.33.
      ECONOMIC HARM. Means any of the following:
         (a)   All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. “Economic harm” as described in this division includes but is not limited to all of the following:
            1.   All wages, salaries or other compensation lost as a result of the criminal conduct;
            2.   The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
            3.   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;
            4.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
         (b)   All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or R.C. § 2917.32, or any substantially equivalent municipal ordinance, including but not limited to all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.
      EMERGENCY MEDICAL SERVICES PERSONNEL. Has the same meaning as in R.C. § 2133.21.
      INSTITUTION OF HIGHER EDUCATION. Means any of the following:
         (a)   A state university or college as defined in R.C. § 3345.12(A)(1), community college, state community college, university branch, or technical college;
         (b)   A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio Board of Regents pursuant to R.C. Chapter 1713;
         (c)   A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools pursuant to R.C. Chapter 3332.
      SCHOOL. Means any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.
      WEAPON OF MASS DESTRUCTION. Means any of the following:
         (a)   Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors;
         (b)   Any weapon involving a disease organism or biological agent;
         (c)   Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;
         (d)   Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4) and regulations issued under that section:
            1.   Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;
            2.   Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (d)1. of this definition and from which an item or device described in that division may be readily assembled.
(R.C. § 2917.31) (Rev. 2012)
§ 132.09  MAKING FALSE ALARMS.
   (A)   No person shall do any of the following:
      (1)   Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm.
      (2)   Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property.
      (3)   Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that the offense did not occur.
   (B)   This section does not apply to any person conducting an authorized fire or emergency drill.
   (C)   Whoever violates this section is guilty of making false alarms. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of $1,000 or more, making false alarms is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony to be prosecuted under appropriate state law.
   (D)   (1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
      (2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or this code may be prosecuted under this section, the other section, or both sections.
   (E)   As used in this section, ECONOMIC HARM and WEAPON OF MASS DESTRUCTION have the same meaning as in R.C. § 2917.31.
(R.C. § 2917.32) (Rev. 2012)
§ 132.10  INCITING TO VIOLENCE.
   (A)   No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:
      (1)   The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.
      (2)   The conduct proximately results in the commission of any offense of violence.
   (B)   Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate state law.
(R.C. § 2917.01)
§ 132.11  UNLAWFUL DISPLAY OF LAW ENFORCEMENT EMBLEM.
   (A)   No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
   (B)   Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(R.C. § 2913.441)
§ 132.12  IMPERSONATING A PEACE OFFICER.
   (A)   As used in this section:
      FEDERAL LAW ENFORCEMENT OFFICER. Means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
      IMPERSONATE. Means to act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
      INVESTIGATOR OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION. Has the same meaning as in R.C. § 2903.11.
      PEACE OFFICER. A Sheriff, deputy sheriff, Marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this state; a member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D); a member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; a veterans’ home police officer appointed under R.C. § 5907.02; a special police officer employed by a port authority under R.C. § 4582.04 or 4582.28; an officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a state highway patrol trooper whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the state or any of its political subdivisions.
      PRIVATE POLICE OFFICER. Means any security guard, special police officer, private detective, or other person who is privately employed in a police capacity.
   (B)   No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer.
   (C)   No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
   (D)   No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or the state, or investigator of the Bureau of Criminal Identification and Investigation.
   (E)   No person shall commit a felony while impersonating a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation.
   (F)   It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
   (G)   Whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (C) or (D) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (D) of this section is to commit or facilitate the commission of a felony, a violation of division (D) is a felony to be prosecuted under appropriate state law. Whoever violates division (E) of this section is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 2921.51) (Rev. 2010)
Cross-reference:
   Personating an officer (fraud offense), see § 131.28
§ 132.13  SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.
   (A)   As used in this section:
      CONCERT. Means a musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. The term does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.
      FACILITY. Means any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including but not limited to a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.
      LIVE ENTERTAINMENT PERFORMANCE. Means any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. The term does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.
      PERSON. Includes, in addition to an individual or entity specified in R.C. § 1.59(C), any governmental entity.
      RESTRICTED ENTERTAINMENT AREA. Means any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.
   (B)   (1)   No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:
         (a)   A live entertainment performance that is not exempted under division (D) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;
         (b)   A concert that is not exempted under division (D) of this section and for which more than 3,000 tickets are offered to the public.
      (2)   No person shall advertise any live entertainment performance as described in division (B)(1)(a) of this section or any concert as described in division (B)(1)(b) of this section, unless the advertisement contains the words “Reserved Seats Only.”
   (C)   Unless exempted by division (D)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (E) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.
   (D)   (1)   A live entertainment performance, other than a concert, is exempted from the provisions of divisions (B) and (C) of this section if both of the following apply:
         (a)   The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices.
         (b)   The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.
      (2)   (a)   The officer responsible for public safety in the municipality may, upon application of the sponsor of a concert covered by division (B) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors: the size and design of the facility in which the concert is scheduled; the size, age and anticipated conduct of the crowd expected to attend the concert; and the ability of the sponsor to manage and control the expected crowd. If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.
         (b)   If an official grants an exemption under division (D)(2)(a) of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
      (3)   Notwithstanding division (D)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by R.C. § 3345.04, a state university law enforcement officer appointed pursuant to R.C. §§ 3345.04 and 3345.21 shall do both of the following:
         (a)   Exercise the authority to grant exemptions provided by division (D)(2)(a) of this section in lieu of an official designated in that division;
         (b)   If the officer grants an exemption under division (D)(3)(a) of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
   (E)   (1)   Unless a live entertainment performance is exempted by division (D)(1) of this section, the officer responsible for public safety within the municipality shall designate, for purposes of division (C) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.
      (2)   Notwithstanding division (E)(1) of this section, a state university law enforcement officer appointed pursuant to R.C. §§ 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by R.C. § 3345.04.
   (F)   No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.
   (G)   (1)   This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.
      (2)   This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.
   (H)   This section does not prohibit the Legislative Authority from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.
   (I)   Whoever violates division (B), (C) or (F) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to the individual’s person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.
(R.C. § 2917.40) (Rev. 1999)
§ 132.14  MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
   (A)   As used in this section, PUBLIC TRANSPORTATION SYSTEM means a county transit system operated in accordance with R.C. §§ 306.01 through 306.13, a regional transit authority operated in accordance with R.C. §§ 306.30 through 306.71, or a regional transit commission operated in accordance with R.C. §§ 306.80 through 306.90.
   (B)   No person shall evade the payment of the known fares of a public transportation system.
   (C)   No person shall alter any transfer, pass, ticket or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
   (D)   No person shall do any of the following while in any facility or on any vehicle of a public transportation system:
      (1)   Play sound equipment without the proper use of a private earphone;
      (2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited; or
      (3)   Expectorate upon a person, facility or vehicle.
   (E)   No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.
   (F)   No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct or abuse a public transportation police officer in the performance of the officer’s duties.
   (G)   Whoever violates any of the provisions of this section is guilty of misconduct involving a public transportation system.
      (1)   A violation of division (B), (C), or (F) of this section is a misdemeanor of the fourth degree.
      (2)   A violation of division (D) of this section is a minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a municipal ordinance that is substantially equivalent to any division of this section, a violation of division (D) of this section is a misdemeanor of the fourth degree.
      (3)   A violation of division (E) of this section is a misdemeanor of the third degree.
   (H)   Notwithstanding any other provision of law, 75% of each fine paid to satisfy a sentence imposed for a violation of any of the provisions of this section shall be deposited into the treasury of the County and 25% shall be deposited with the county transit board, regional transit authority or regional transit commission that operates the public transportation system involved in the violation, unless the Board of County Commissioners operates the public transportation system, in which case 100% of each fine shall be deposited into the treasury of the County.
(R.C. § 2917.41) (Rev. 2004)