§ 636.001 DEFINITIONS.

(a) For the purpose of this chapter and any other provision of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) ANOTHER’S UNBORN or OTHER PERSON’S UNBORN. A member of the species homo sapiens who is or was carried in the womb of another during a period that begins with fertilization and that continues unless and until live birth occurs.

(2) UNLAWFUL TERMINATION OF ANOTHER’S PREGNANCY. Causing the death of an unborn member of the species homo sapiens who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.

(b) Notwithstanding division (a) of this section, in no case shall the definitions of the terms ANOTHER’S UNBORN, OTHER PERSON’S UNBORN and UNLAWFUL TERMINATION OF ANOTHER’S PREGNANCY that are set forth in division (a) of this section be applied or construed in any of the following manners:

(1) Except as otherwise provided in division (b)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as any violation of R.C. § 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or a substantially equivalent municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate R.C. § 2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18, or a substantially equivalent municipal ordinance, may be punished as a violation of the section, as applicable.

(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:

A. Her delivery of a stillborn baby;

B. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;

C. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;

D. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human; and

E. Her causing, threatening to cause or attempting to cause, in any other manner, an injury, illness or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.

(R.C. § 2903.09)

§ 636.01 NEGLIGENT HOMICIDE.

(a) No person shall negligently cause the death of another or the unlawful termination of another’s pregnancy by means of a deadly weapon or dangerous ordnance, as defined in R.C. § 2923.11.

(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.

(R.C. § 2903.05)

Statutory reference:

Reckless homicide, felony offense, see R.C. § 2903.041

§ 636.02 ASSAULT.

(a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.

(b) No person shall recklessly cause serious physical harm to another or to another’s unborn.

(c) Whoever violates division (a) or (b) of this section is guilty of assault. Except as provided in R.C. § 2903.13(C), assault is a misdemeanor of the first degree.

(d) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in R.C. § 2941.1423 (victim of the offense was a woman whom the defendant knew was pregnant at the time of the offense) that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in R.C. § 2929.24(F).

(e) A prosecution for a violation of division (a) or (b) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under division (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under division (a) or (b) of this section, the other section of the Ohio Revised Code, the municipal ordinance, or both sections. However, if an offender is convicted of or pleads guilty to a violation of division (a) or (b) of this section and also is convicted of or pleads guilty to a violation of R.C. § 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of division (a) or (b) of this section, the offenses are allied offenses of similar import under R.C. § 2941.25.

(R.C. § 2903.13)

Statutory reference:

Aggravated and felonious assault, see R.C. §§ 2903.11 and 2903.12

Aggravated vehicular assault, felony, see R.C. § 2903.08

Felony assault offenses, see R.C. § 2903.13(C)

Permitting child abuse, felony offense, see R.C. § 2903.15

Persons who may seek relief under anti-stalking protection order; ex parte orders, see R.C. § 2903.214

Protection order as pretrial condition of release, see R.C. § 2903.213

Strangulation, felony offense, see R.C. § 2903.18

Vehicular assault and aggravated vehicular assault, felony offenses, see R.C. § 2903.08

§ 636.03 NEGLIGENT ASSAULT.

(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in R.C. § 2923.11, cause physical harm to another or to another’s unborn.

(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.

(R.C. § 2903.14)

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