CHAPTER 136:  OFFENSES AGAINST JUSTICE AND ADMINISTRATION
Section
   136.01   Definitions
   136.02   Falsification
   136.03   Compounding a crime
   136.04   Failure to report a crime
   136.05   Failure to aid a law enforcement officer
   136.06   Obstructing official business
   136.07   Obstructing justice
   136.08   Resisting arrest
   136.09   Having an unlawful interest in a public contract
   136.10   Soliciting or receiving improper compensation
   136.11   Dereliction of duty
   136.12   Interfering with civil rights
   136.13   Illegal conveyance of prohibited items onto grounds of a detention facility or other specified governmental facilities
   136.14   False report of child abuse or neglect
   136.15   Assaulting police dog or horse, or assistance dog
   136.16   Disclosure of confidential peace officer information
   136.17   Intimidation of crime victim or witness
   136.18   Using sham legal process
   136.19   Making false allegation of peace officer misconduct
   136.20   Misuse of 9-1-1 system
   136.21   Failure to disclose personal information
Cross-reference:
   Contempt of court, see §§ 33.20 et seq.
   Failure to comply with order or signal of a police officer, see § 70.02
Statutory reference:
   Escape from detention, see R.C. § 2921.34
   Harassment by inmates by causing or attempting to cause contact with blood, semen, urine, feces or other bodily substance; knowledge of AIDS, hepatitis or tuberculosis infection; felony offenses, see R.C. § 2921.38
§ 136.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CAMPAIGN COMMITTEE. Has the same meaning as in R.C. § 3517.01.
   CONTRIBUTION. Has the same meaning as in R.C. § 3517.01.
   DETENTION. Arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of R.C. § 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401 or 2945.402; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this state into this state by a private person or entity pursuant to a contract entered into under R.C. § 311.29(E) or R.C. § 5149.03(B). For a person confined in a county jail who participates in a county jail industry program pursuant to R.C. § 5147.30, the term includes time spent at an assigned work site and going to and from the work site.
   DETENTION FACILITY. Any public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or an unruly child in this state or another state or under the laws of the United States.
   LEGISLATIVE CAMPAIGN FUND. Has the same meaning as in R.C. § 3517.01.
   OFFICIAL PROCEEDING. Any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding.
   PARTY OFFICIAL. Any person who holds an elective or appointive post in a political party in the United States or this state, by virtue of which he or she directs, conducts, or participates in directing or conducting party affairs at any level of responsibility.
   POLITICAL ACTION COMMITTEE. Has the same meaning as in R.C. § 3517.01.
   POLITICAL CONTRIBUTING ENTITY. Has the same meaning as in R.C. § 3517.01.
   POLITICAL PARTY. Has the same meaning as in R.C. § 3517.01.
   PROVIDER AGREEMENT. Has the same meaning as in R.C. § 5164.01.
   PUBLIC OFFICIAL. Any elected or appointed officer, employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and includes but is not limited to legislators, judges, and law enforcement officers. The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under R.C. § 187.01.
   PUBLIC SERVANT.
      (1)   Any of the following:
         (a)   Any public official.
         (b)   Any person performing ad hoc a governmental function, including but not limited to a juror, member of a temporary commission, master, arbitrator, advisor, or consultant.
         (c)   A person who is a candidate for public office, whether or not he or she is elected or appointed to the office for which he or she is a candidate. A person is a candidate for purposes of this division if he or she has been nominated according to law for election or appointment to public office, or if he or she has filed a petition or petitions as required by law to have his or her name placed on the ballot in a primary, general, or special election, or if he or she campaigns as a write-in candidate in any primary, general, or special election.
      (2)   The term does not include an employee, officer, or governor-appointed member of the board of directors of the nonprofit corporation formed under R.C. § 187.01.
   VALUABLE THING or VALUABLE BENEFIT. Includes but is not limited to a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986.
(R.C. § 2921.01) (Rev. 2014)
§ 136.02  FALSIFICATION.
   (A)   No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
      (1)   The statement is made in any official proceeding.
      (2)   The statement is made with purpose to incriminate another.
      (3)   The statement is made with purpose to mislead a public official in performing his or her official function.
      (4)   The statement is made with purpose to secure the payment of unemployment compensation; Ohio Works First; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in R.C. § 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.
      (5)   The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.
      (6)   The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
      (7)   The statement is in writing on or in connection with a report or return that is required or authorized by law.
      (8)   The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to his or her detriment.
      (9)   The statement is made with purpose to commit or facilitate the commission of a theft offense.
      (10)   The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including but not limited to an application, petition, complaint, or other pleading, or an inventory, account, or report.
      (11)   The statement is made on an account, form, record, stamp, label or other writing that is required by law.
      (12)   The statement is made in connection with the purchase of a firearm, as defined in R.C. § 2923.11, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
      (13)   The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the Secretary of State, a county recorder, or the clerk of a court of record.
      (14)   The statement is made in an application filed with a county sheriff pursuant to R.C. § 2923.125 in order to obtain or renew a concealed handgun license or is made in an affidavit submitted to a county sheriff to obtain a concealed handgun license on a temporary emergency basis under R.C. § 2923.1213.
      (15)   The statement is required under R.C. § 5743.71 in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.
   (B)   No person, in connection with the purchase of a firearm as defined in R.C. § 2923.11, shall knowingly furnish to the seller of the firearm a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.
   (C)   No person, in an attempt to obtain a concealed handgun license under R.C. § 2923.125, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person’s competence in handling a handgun as described in division (B)(3) of that section.
   (D)   It is no defense to a charge under division (A)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
   (E)   If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
   (F)   (1)   Whoever violates division (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), (A)(6), (A)(7), (A)(8), (A)(10), (A)(11), (A)(13) or (A)(15) of this section is guilty of falsification. Except as otherwise provided in this division, falsification is a misdemeanor of the first degree.
      (2)   Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is $1,000 or more, falsification in a theft offense is a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (A)(12) or (B) of this section is guilty of falsification to purchase a firearm, a felony to be prosecuted under appropriate state law.
      (4)   Whoever violates division (A)(14) or (C) of this section is guilty of falsification to obtain a concealed handgun license, a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (A) of this section in removal proceedings under R.C. § 319.26, 321.37, 507.13 or 733.78 is guilty of falsification regarding a removal proceeding, a felony to be prosecuted under appropriate state law.
(R.C. § 2921.13) (Rev. 2016)
   (G)   (1)   No person who has knowingly failed to maintain proof of financial responsibility in accordance with R.C. § 4509.101 shall produce any document or present to a peace officer an electronic wireless communications device that is displaying any text or images with the purpose to mislead a peace officer upon the request of a peace officer for proof of financial responsibility made in accordance with R.C. § 4509.101(D)(2).
      (2)   Whoever violates this division (G) is guilty of falsification, a misdemeanor of the first degree.
(R.C. § 4509.102) (Rev. 2016)
Statutory reference:
   Civil liability for violations of this section, see R.C. § 2921.13(G)
§ 136.03  COMPOUNDING A CRIME.
   (A)   No person shall knowingly demand, accept, or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
   (B)   It is an affirmative defense to a charge under this section when both of the following apply:
      (1)   The pending prosecution involved is for a violation of R.C. § 2913.02, 2913.11, 2913.21(B)(2), or 2913.47, or a substantially equivalent municipal ordinance, of which the actor under this section was the victim.
      (2)   The thing of value demanded, accepted, or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount that the actor reasonably believed due him or her as restitution for the loss caused him or her by the offense.
   (C)   When a prosecuting witness abandons or agrees to abandon a prosecution under division (B) of this section, the abandonment or agreement in no way binds the state to abandoning the prosecution.
   (D)   Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree.
(R.C. § 2921.21) (Rev. 1999)
§ 136.04  FAILURE TO REPORT A CRIME.
   (A)   (1)   Except as provided in division (A)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.
      (2)   No person, knowing that a violation of R.C. § 2913.04(B) has been or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.
   (B)   Except for conditions that are within the scope of division (E) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
   (C)   No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained. For purposes of this division, “advanced practice registered nurse” does not include a certified registered nurse anesthetist.
   (D)   No person shall fail to provide upon request of the person to whom a report required by division (C) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his or her knowledge that may have a bearing on the investigation of the death.
   (E)   (1)   As used in this section, BURN INJURY means any of the following:
         (a)   Second or third degree burns;
         (b)   Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
         (c)   Any burn injury or wound that may result in death.
         (d)   Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by R.C. § 3743.01.
      (2)   No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
      (3)   No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
      (4)   No person who is required to report any burn injury under division (E)(2) or (E)(3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the State Fire Marshal. The report shall be made on a form provided by the State Fire Marshal.
      (5)   Anyone participating in the making of reports under division (E) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding R.C. § 4731.22, the physician-patient relationship or advanced practice registered nurse-patient relationship is not a ground for excluding evidence regarding a person’s burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under division (E) of this section.
   (F)   (1)   Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in R.C. § 3113.31, shall note that knowledge or belief and the basis for it in the patient’s or client’s records.
      (2)   Notwithstanding R.C. § 4731.22, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
   (G)   Division (A) or (D) of this section does not require disclosure of information, when any of the following applies:
      (1)   The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
      (2)   The information would tend to incriminate a member of the actor’s immediate family.
      (3)   Disclosure of the information would amount to revealing a news source, privileged under R.C. § 2739.04 or 2739.12.
      (4)   Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to him or her in his or her capacity as such by a person seeking his or her aid or counsel.
      (5)   Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to R.C. § 5119.36.
      (6)   Disclosure would amount to revealing information acquired by the actor in the course of his or her duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of R.C. § 2907.02 or 2907.05, or to victims of felonious sexual penetration in violation of former R.C. § 2907.12. As used in this division, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide such services.
   (H)   No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
   (I)   Whoever violates division (A) or (B) of this section is guilty of failure to report a crime. Violation of division (A)(1) of this section is a misdemeanor of the fourth degree. Violation of division (A)(2) or (B) of this section is a misdemeanor of the second degree.
   (J)   Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
   (K)   (1)   Whoever negligently violates division (E) of this section is guilty of a minor misdemeanor.
      (2)   Whoever knowingly violates division (E) of this section is guilty of a misdemeanor of the second degree.
   (L)   As used in this section, NURSE includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.
(R.C. § 2921.22) (Rev. 2019)
§ 136.05  FAILURE TO AID A LAW ENFORCEMENT OFFICER.
   (A)   No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when the aid can be given without a substantial risk of physical harm to the person giving it.
   (B)   Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(R.C. § 2921.23)
§ 136.06  OBSTRUCTING OFFICIAL BUSINESS.
   (A)   No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.
   (B)   Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.31) (Rev. 2000)
§ 136.07  OBSTRUCTING JUSTICE.
   (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:
      ACT OF TERRORISM. Has the same meaning as in R.C. § 2909.21.
      ADULT. Has the same meaning as in R.C. § 2151.011.
      CHILD. Has the same meaning as in R.C. § 2151.011.
      DELINQUENT CHILD. Has the same meaning as in R.C. § 2152.02.
(R.C. § 2921.32) (Rev. 2003)
§ 136.08  RESISTING ARREST.
   (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 R.C. § 2923.11.
(R.C. § 2921.33) (Rev. 1999)
Statutory reference:
    Unlawful taking of deadly weapon from a law enforcement officer, felony offense, see R.C. § 2911.01
§ 136.09  HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.
   (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 the public official’s 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 $150.
   (B)   In the absence of bribery or a purpose to defraud, a public official, member of a public official’s family, or any of a 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 a public official’s family, or one of a 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 employee’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 (A)(2) of this section is a felony to be prosecuted under appropriate state law. Violation of division (A)(3), (A)(4), or (A)(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 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 R.C. §§ 733.621 and 2921.421, or for a township law director appointed under R.C. § 504.15 to appoint assistants and employees in accordance with 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)   As used in this section:
      CHIEF LEGAL OFFICER. Has the same meaning as in R.C. § 733.621.
      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.
(R.C. § 2921.42) (Rev. 2008)
Statutory reference:
   Assistants and employees of Prosecutors, Law Directors, and Solicitors, see R.C. § 2921.421
§ 136.10  SOLICITING OR RECEIVING IMPROPER COMPENSATION.
   (A)   No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
      (1)   Any compensation, other than as allowed by R.C. § 102.03(G), (H), (I), or other provisions of law, to perform the public servant’s official duties, to perform any other act or service in the public servant’s public capacity, for the general performance of the duties of the public servant’s public office or public employment, or as a supplement to the public servant’s public compensation.
      (2)   Additional or greater fees or costs than are allowed by law to perform the public servant’s official duties.
   (B)   No public servant for the public servant’s own personal or business use and no person for the person’s own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (C)   No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:
      (1)   Appointing or securing, maintaining, or renewing the appointment of any person to any public office, employment, or agency.
      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion, or other material aspects of employment.
   (D)   Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
   (E)   A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment, or position of trust in this state for a period of seven years from the date of conviction.
   (F)   Divisions (A), (B), and (C) of this section do not prohibit any person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions.
(R.C. § 2921.43) (Rev. 2006)
§ 136.11  DERELICTION OF DUTY.
   (A)   No law enforcement officer shall negligently do any of the following:
      (1)   Fail to serve a lawful warrant without delay.
      (2)   Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.
   (B)   No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
   (C)   No officer, having charge of a detention facility, shall negligently do any of the following:
      (1)   Allow the detention facility to become littered or unsanitary.
      (2)   Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention.
      (3)   Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
      (4)   Allow a prisoner to escape.
      (5)   Fail to observe any lawful and reasonable regulation for the management of the detention facility.
   (D)   No public official shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Legislative Authority for the use in any one year of the department, agency, or institution with which the public official is connected.
   (E)   No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant’s office, or recklessly do any act expressly forbidden by law with respect to the public servant’s office.
   (F)   Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
   (G)   Except as otherwise provided by law, a public servant who is a county treasurer; county auditor; township fiscal officer; city auditor; city treasurer; village fiscal officer; village clerk-treasurer; village clerk; in the case of a municipal corporation having a charter that designates an officer who, by virtue of the charter, has duties and functions similar to those of the city or village officers referred to in this section, the officer so designated by the charter; school district treasurer; fiscal officer of a community school established under R.C. Chapter 3314; treasurer of a science, technology, engineering, and mathematics school established under R.C. Chapter 3326; or fiscal officer of a college- preparatory boarding school established under R.C. Chapter 3328 and is convicted of or pleads guilty to dereliction of duty is disqualified from holding any public office, employment, or position of trust in this state for four years following the date of conviction or of entry of the plea, and is not entitled to hold any public office until any repayment or restitution required by the court is satisfied.
   (H)   As used in this section, PUBLIC SERVANT includes the following:
      (1)   An officer or employee of a contractor as defined in R.C. § 9.08;
      (2)   A fiscal officer employed by the operator of a community school established under R.C. Chapter 3314 or by the operator of a college-preparatory boarding school established under R.C. Chapter 3328.
(R.C. § 2921.44) (Rev. 2016)
§ 136.12  INTERFERING WITH CIVIL RIGHTS.
   (A)   No public servant, under color of his or her office, employment, or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right.
   (B)   Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(R.C. § 2921.45)
§ 136.13  ILLEGAL CONVEYANCE OF PROHIBITED ITEMS ONTO GROUNDS OF A DETENTION FACILITY OR OTHER SPECIFIED GOVERNMENTAL FACILITY.
   (A)   No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution, office building, or other place that is under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services, or the Department of Rehabilitation and Correction, any of the following items:
      (1)   Any deadly weapon or dangerous ordnance, as defined in R.C. § 2923.11, or any part of or ammunition for use in such deadly weapon or dangerous ordnance.
      (2)   Any drug of abuse, as defined in R.C. § 3719.011.
      (3)   Any intoxicating liquor, as defined in R.C. § 4301.01.
   (B)   Division (A) of this section does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution, office building, or other place under the control of the Department of Mental Health and Addiction Services, the Department of Developmental Disabilities, the Department of Youth Services, or the Department of Rehabilitation and Correction, with written authorization of the person in charge of the detention facility or the institution, office building, or other place and in accordance with the written rules of the detention facility or the institution, office building, or other place.
   (C)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, to a prisoner who is temporarily released from confinement for a work assignment, or to any patient in an institution under the control of the Department of Mental Health and Addiction Services or the Department of Developmental Disabilities, any item listed in division (A).
   (D)   No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment.
   (E)   No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility, to a child confined in a youth services facility, or to a prisoner who is temporarily released from confinement for a work assignment a cellular telephone, two-way radio, or other electronic communications device.
   (F)   (1)   It is an affirmative defense to a charge under division (A)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor’s person, and if the weapon or dangerous ordnance was a firearm, that it was unloaded and was being carried in a closed package, box or case or in a compartment that can be reached only by leaving the vehicle.
      (2)   It is an affirmative defense to a charge under division (C) of this section that the actor was not otherwise prohibited by law from delivering the item to the confined person, the child, the prisoner, or the patient and that either of the following applies:
         (a)   The actor was permitted by the written rules of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
         (b)   The actor was given written authorization by the person in charge of the detention facility or the institution, office building, or other place to deliver the item to the confined person or the patient.
   (G)   (1)   Whoever violates division (A)(1) of this section or commits a violation of division (C) of this section involving any item listed in division (A)(1) of this section is guilty of illegal conveyance of weapons onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (A)(2) of this section or commits a violation of division (C) of this section involving any drug of abuse is guilty of illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility, a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (A)(3) of this section or commits a violation of division (C) of this section involving any intoxicating liquor is guilty of illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility, a misdemeanor of the second degree.
      (4)   Whoever violates division (D) of this section is guilty of illegal conveyance of cash onto the grounds of a detention facility, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (D) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of cash onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (E) of this section is guilty of illegal conveyance of a communications device onto the grounds of a specified governmental facility, a misdemeanor of the first degree. If the offender previously has been convicted or pleaded guilty to a violation of division (E) of this section or a substantially equivalent state law or municipal ordinance, illegal conveyance of a communications device onto the grounds of a detention facility is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.36) (Rev. 2014)
   (H)   The person in charge of a detention facility shall, on the grounds of the detention facility, have the same power as a peace officer, as defined in R.C. § 2935.01, to arrest a person who violates this section.
(R.C. § 2921.37)
Cross-reference:
   Possession of an object indistinguishable from a firearm in a school safety zone, see § 137.11
   Possession of deadly weapon while under detention, see § 137.12
Statutory reference:
   Conveyance or possession of deadly weapons or dangerous ordnance on school premises, felony offense, see R.C. § 2923.122
   Conveyance, possession, or control of deadly weapon or dangerous ordinance in a courthouse, felony offense, see R.C. § 2923.123
   Possession of deadly weapon while under detention, felony offense, see R.C. § 2923.131
§ 136.14  FALSE REPORT OF CHILD ABUSE OR NEGLECT.
   (A)   No person shall knowingly make or cause another person to make a false report under R.C. § 2151.421(B) alleging that any person has committed an act or omission that resulted in a child being an abused child as defined in R.C. § 2151.031 or a neglected child as defined in R.C. § 2151.03.
   (B)   Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
(R.C. § 2921.14)
§ 136.15  ASSAULTING POLICE DOG OR HORSE, OR ASSISTANCE DOG.
   (A)   No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
      (1)   The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.
      (2)   The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
   (B)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike a police dog or horse;
      (2)   Throw an object or substance at a police dog or horse;
      (3)   Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
         (a)   Inhibits or restricts the law enforcement officer’s control of the police dog or horse;
         (b)   Deprives the law enforcement officer of control of the police dog or horse;
         (c)   Releases the police dog or horse from its area of control;
         (d)   Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
         (e)   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.
   (C)   No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
      (1)   The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
      (2)   The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.
   (D)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike an assistance dog;
      (2)   Throw an object or substance at an assistance dog;
      (3)   Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
         (a)   Inhibits or restricts the assisted or served person’s control of the dog;
         (b)   Deprives the assisted or served person of control of the dog;
         (c)   Releases the dog from its area of control;
         (d)   Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
         (e)   Inhibits or restricts the ability of the dog to assist the assisted or served person;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.
   (E)   (1)   Whoever violates division (A) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate state law.
      (2)   Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. If the violation results in serous physical harm to the police dog or horse or results in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, assaulting an assistance dog is a felony to be prosecuted under appropriate state law.
      (4)   Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog but does not result in the death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, harassing an assistance dog is a felony to be prosecuted under appropriate state law.
      (5)   In addition to any other sanctions or penalty imposed for the offense under this section, R.C. Chapter 2929 or any other provision of the Ohio Revised Code or this code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:
         (a)   Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of division (A) or (B) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of division (C) or (D) of this section;
         (b)   The cost of any damaged equipment that results from the violation;
         (c)   If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;
         (d)   If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
   (F)   This section does not apply to a licensed veterinarian whose conduct is in accordance with R.C. Chapter 4741.
   (G)   This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.
   (H)   As used in this section:
      ASSISTANCE DOG. Has the same meaning as in R.C. § 955.011.
      BLIND. Has the same meaning as in R.C. § 955.011.
      MOBILITY IMPAIRED PERSON. Has the same meaning as in R.C. § 955.011.
      PHYSICAL HARM. Means any injury, illness, or other psychological impairment, regardless of its gravity or duration.
      POLICE DOG OR HORSE. Means a dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
      SERIOUS PHYSICAL HARM. Means any of the following:
         (a)   Any physical harm that carries a substantial risk of death.
         (b)   Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.
         (c)   Any physical harm that causes acute pain of a duration that results in substantial suffering.
(R.C. § 2921.321) (Rev. 2017)
§ 136.16  DISCLOSURE OF CONFIDENTIAL PEACE OFFICER INFORMATION.
   (A)   No officer or employee of a law enforcement agency or court, or of the clerk’s office of any court, shall disclose during the pendency of any criminal case the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case.
   (B)   Division (A) of this section does not prohibit a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee from disclosing the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s own home address, and does not apply to any person who discloses the home address of a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee pursuant to a court-ordered disclosure under division (C) of this section.
   (C)   The court in which any criminal case is pending may order the disclosure of the home address of any peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness or arresting officer in the case, if the court determines after a written request for the disclosure that good cause exists for disclosing the home address of the peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee.
   (D)   Whoever violates division (A) of this section is guilty of disclosure of confidential information, a misdemeanor of the fourth degree.
(R.C. § 2921.24) (Rev. 2008)
   (E)   No judge of a court of record, or Mayor presiding over a Mayor’s Court, shall order a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, or youth services employee who is a witness in a criminal case, to disclose the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s home address during the peace officer’s, parole officer’s, prosecuting attorney’s, assistant prosecuting attorney’s, correctional employee’s, or youth services employee’s examination in the case unless the judge or Mayor determines that the defendant has a right to the disclosure.
   (F)   As used in this section:
      PEACE OFFICER. Has the same meaning as in R.C. § 2935.01.
      CORRECTIONAL EMPLOYEE. Has the same meaning as in R.C. § 149.43.
      YOUTH SERVICES EMPLOYEE. Has the same meaning as in R.C. § 149.43.
(R.C. § 2921.25) (Rev. 2008)
§ 136.17  INTIMIDATION OF CRIME VICTIM OR WITNESS.
   (A)   No person shall knowingly attempt to intimidate or hinder the victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding, and no person shall knowingly attempt to intimidate a witness to a criminal or delinquent act by reason of the person being a witness to that act.
   (B)   No person, knowingly and by force or by unlawful threat of harm to any person or property or by unlawful threat to commit any offense or calumny against any person, shall attempt to influence, intimidate, or hinder any of the following persons:
      (1)   The victim of a crime or delinquent act in the filing or prosecution of criminal charges or a delinquent child action or proceeding;
      (2)   A witness to a criminal or delinquent act by reason of the person being a witness to that act;
      (3)   An attorney by reason of the attorney’s involvement in any criminal or delinquent child action or proceeding.
   (C)   Division (A) of this section does not apply to any person who is attempting to resolve a dispute pertaining to the alleged commission of a criminal offense, either prior to or subsequent to the filing of a complaint, indictment, or information by participating in the arbitration, mediation, compromise, settlement or conciliation of that dispute pursuant to an authorization for arbitration, mediation, compromise, settlement, or conciliation of a dispute of that nature that is conferred by any of the following:
      (1)   A section of the Ohio Revised Code.
      (2)   The Rules of Criminal Procedure, the Rules of Superintendence for Municipal Courts and County Courts, the Rules of Superintendence for Courts of Common Pleas, or another rule adopted by the Ohio Supreme Court in accordance with Ohio Constitution, Article IV, Section 5.
      (3)   A local rule of court, including but not limited to a local rule of court that relates to alternative dispute resolution or other case management programs and that authorizes the referral of disputes pertaining to the alleged commission of certain types of criminal offenses to appropriate and available arbitration, mediation, compromise, settlement or other conciliation programs.
      (4)   The order of a judge of a municipal court, county court, or court of common pleas.
   (D)   Whoever violates this section is guilty of intimidation of an attorney, victim or witness in a criminal case. A violation of division (A) of this section is a misdemeanor of the first degree. A violation of division (B) of this section is a felony to be prosecuted under appropriate state law.
   (E)   As used in this section, WITNESS means any person who has or claims to have knowledge concerning a fact or facts concerning a criminal or delinquent act, whether or not criminal or delinquent child charges are actually filed.
(R.C. § 2921.04) (Rev. 2013)
Statutory reference:
   Retaliation, felony offense, see R.C. § 2921.05
§ 136.18  USING SHAM LEGAL PROCESS.
   (A)   As used in this section:
      LAWFULLY ISSUED. Means adopted, issued, or rendered in accordance with the United States Constitution, the Constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state, and the political subdivisions of a state.
      POLITICAL SUBDIVISIONS. Means municipal corporations, townships, counties, school districts, and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
      SHAM LEGAL PROCESS. Means an instrument that meets all of the following conditions:
         (a)   It is not lawfully issued.
         (b)   It purports to do any of the following:
            1.   To be a summons, subpoena, judgment, or order of a court, a law enforcement officer, or a legislative, executive or administrative body.
            2.   To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of any person or property.
            3.   To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property.
         (c)   It is designed to make another person believe that it is lawfully issued.
      STATE. Means a state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. The term does not include the political subdivisions of the state.
   (B)   No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
      (1)   Knowingly issue, display, deliver, distribute, or otherwise use sham legal process.
      (2)   Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person.
      (3)   Knowingly commit or facilitate the commission of an offense using sham legal process.
      (4)   Knowingly commit a felony by using sham legal process.
   (C)   It is an affirmative defense to a charge under division (B)(1) or (B)(2) of this section that the use of sham legal process was for a lawful purpose.
   (D)   Whoever violates this section is guilty of using sham legal process. A violation of division (B)(1) of this section is a misdemeanor of the fourth degree. A violation of division (B)(2) or (B)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (B)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (B)(3) of this section is a felony to be prosecuted under appropriate state law. A violation of division (B)(4) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.52(A) - (D)) (Rev. 1997)
Statutory reference:
   Civil liability, see R.C. § 2921.52(E)
§ 136.19  MAKING FALSE ALLEGATION OF PEACE OFFICER MISCONDUCT.
   (A)   As used in this section, PEACE OFFICER has the same meaning as in R.C. § 2935.01.
   (B)   No person shall knowingly file a complaint against a peace officer that alleges that the peace officer engaged in misconduct in the performance of the officer’s duties if the person knows that the allegation is false.
   (C)   Whoever violates division (B) of this section is guilty of making a false allegation of peace officer misconduct, a misdemeanor of the first degree.
(R.C. § 2921.15) (Rev. 2001)
§ 136.20  MISUSE OF 9-1-1 SYSTEM.
   (A)   As used in this section, 9-1-1 SYSTEM means a system through which individuals can request emergency service using the telephone number 9-1-1.
(R.C. § 128.01(A)) (Rev. 2014)
   (B)   No person shall knowingly use the telephone number of a 9-1-1 system established under R.C. Chapter 128 to report an emergency if the person knows that no emergency exists.
   (C)   No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.
   (D)   No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the database that serves the public safety answering point of a 9-1-1 system established under R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances:
      (1)   For the purpose of the 9-1-1 system;
      (2)   For the purpose of responding to an emergency call to an emergency service provider;
      (3)   In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
      (4)   In the circumstance of access to a database being given by a telephone company that is a wireless service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a database shall be subject to the jurisdiction of the Steering Committee;
      (5)   In the circumstance of access to a database given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the Steering Committee. The charge, terms and conditions for the disclosure or use of that information for the purpose of access to a database is subject to the jurisdiction of the Steering Committee.
(R.C. § 128.32(E) - (G)) (Rev. 2014)
   (E)   (1)   Whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates division (C) or (D) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(R.C. § 128.99(A), (B)) (Rev. 2014)
§ 136.21  FAILURE TO DISCLOSE PERSONAL INFORMATION.
   (A)   No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
      (1)   The person is committing, has committed, or is about to commit a criminal offense.
      (2)   The person witnessed any of the following:
         (a)   An offense of violence that would constitute a felony under the laws of this state;
         (b)   A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
         (c)   Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (A)(2)(a) or (A)(2)(b) of this section;
         (d)   Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (A)(2)(b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.
   (B)   Whoever violates division (A) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
   (C)   Nothing in division (A) of this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in division (A) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address, or date of birth or for refusing to describe the offense observed.
   (D)   It is not a violation of division (A) of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(R.C. § 2921.29) (Rev. 2007)
   (E)   No person entering an airport, train station, port, or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
   (F)   A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (E) of this section from entering the critical transportation infrastructure site.
(R.C. § 2909.31) (Rev. 2007)