636.09  NONSUPPORT OF DEPENDENTS.
   (a)   No person shall abandon or fail to provide adequate support to:
      (1)   His or her spouse, as required by law;
      (2)   His or her legitimate or illegitimate child under eighteen, or mentally or physically handicapped child under twenty-one;
      (3)   His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support;
      (4)   Any person whom by law or by court order or decree, the offender is legally obliged to support.
 
   (b)   It is an affirmative defense to a charge under this section that the actor was unable to provide adequate support, and provided such support as was within his ability and means.
 
   (c)   It is an affirmative defense to a charge under paragraph (a)(3) hereof that the parent abandoned or failed to support the actor as required by law, while the actor was under age eighteen or was mentally or physically handicapped and under age twenty-one.
 
   (d)   Whoever violates this section is guilty of nonsupport of dependents, a misdemeanor of the first degree.  Punishment shall be as provided in Section 698.02.
(ORC 2929.21)