§ 130.01 (2901.01, 2921.01, 2935.36) DEFINITIONS.

   For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

   (A)   CONTRABAND. Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. CONTRABAND includes, but is not limited to, all of the following:

      (1)   Any controlled substance, as defined in R.C. § 3719.01, or any device or paraphernalia related thereto;

      (2)   Any unlawful gambling device or paraphernalia;

      (3)   Any dangerous ordnance or obscene material.

(R.C. § 2901.01) (Rev. eff. with 2008 S-9)

   (B)   DANGEROUS OFFENDER. A person who has committed an offense, whose history, character, and condition reveal a substantial risk that the person will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences. (R.C. § 2935.36) (Rev. eff. with 2000 S-1)

   (C)   DEADLY FORCE. Any force which carries a substantial risk that it will proximately result in the death of any person. (R.C. § 2901.01)

   (D)   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 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. For a person confined in a county jail who participates in a county jail industry program pursuant to R.C. § 5147.30, DETENTION includes time spent at an assigned work site and going to and from the work site.

(R.C. § 2921.01) (Rev. eff. with 2001 S-2)

   (E)   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 unruly child in this state or another state or under the laws of the United States. (R.C. § 2921.01) (Rev. eff. with 1999 S-8)

   (F)   FORCE. Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(R.C. § 2901.01)

   (G)   LAW ENFORCEMENT OFFICER. Any of the following:

      (1)    A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D), or state highway patrol trooper;

      (2)   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 the limits of the statutory duty and authority;

      (3)   A mayor, in the mayor’s capacity as chief conservator of the peace within the mayor’s municipal corporation;

      (4)   A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of such member's appointment or commission;

      (5)   A person lawfully called pursuant to R.C. § 311.07 to aid a sheriff in keeping the peace for the purposes and during the time when such person is called;

      (6)   A person appointed by the mayor pursuant to R.C. § 737.10 as a special patrolling officer during riot or emergency, for the purposes and during the time when such person is appointed;

      (7)   A member of the organized militia of the state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or to protect against domestic violence;

      (8)   A prosecuting attorney, assistant prosecuting attorney, secret service officer, or the municipal prosecutor.

      (9)    A veteran's home police officer appointed under R.C. § 5907.02.

      (10)   A member of a police force employed by a regional transit authority under R.C. § 306.35(Y).

      (11)   A special police officer employed by a port authority under R.C. § 4582.04 or 4582.28.

      (12)    The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to R.C. § 101.311(E)(1) and an assistant house of representatives sergeant at arms.

      (13)   The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;

      (14)   A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. § 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. parts 1542 and 1544, as amended.

(R.C. § 2901.01) (Rev. eff. with 2013 S-14)

   (H)   NOT GUILTY BY REASON OF INSANITY. A person is NOT GUILTY BY REASON OF INSANITY relative to a charge of an offense only if the person proves, in the manner specified in R.C. § 2901.05, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person’s acts. (R.C. § 2901.01) (Rev. eff. with 2000 S-1)

   (I)   OFFENSE OF VIOLENCE. Any of the following:

      (1)   A violation of §§ 131.02, 131.04, 131.05, 133.01, and 135.02 and any of the sections listed under the definition for the term as provided in R.C. § 2901.01;

      (2)   A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section listed in division (I)(1);

      (3)    An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;

      (4)   A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3);

      (5)   A violation of division (C) of R.C. § 959.131. (R.C. § 2901.01)

   (J)   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. (R.C. § 2921.01)

   (K)   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 the person directs, conducts, or participates in directing or conducting party affairs at any level of responsibility. (R.C. § 2921.01) (Rev. eff. with 2000 S-1)

   (L)   PERSON.

      (1)   (a)   Subject to division (2) of this definition, as used in any section contained in Title XIII of this code that sets forth a criminal offense, PERSON includes all of the following:

            1.   An individual, corporation, business trust, estate, trust, partnership and association.

            2.   An unborn human who is viable.

         (b)   As used in any section contained in Title XIII of this code that does not set forth a criminal offense, PERSON includes an individual, corporation, business trust, estate, partnership and association.

         (c)   As used in division (1)(a)2. of this definition, UNBORN HUMAN means an individual organism of the species Homo sapiens from fertilization until live birth. VIABLE means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.

      (2)   Notwithstanding division (1)(a) of this definition, in no case shall the portion of the definition of the term PERSON that is set forth in division (1)(a)2. of this definition be applied or construed in any section contained in Title XIII of this code that sets forth a criminal offense in any of the following manners:

          (a)   Except as otherwise provided in division (2)(a) of this definition, 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 through 2903.08, 2903.11 through 2903.14, 2903.21 or 2903.22, 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 may be punished as a violation of such section, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with R.C. § 2919.12.

         (b)   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:

            1.   Her delivery of a stillborn baby.

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

            3.   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.

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

            5.   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. § 2901.01) (Rev. eff. with 2019 S-21)

   (M)   PHYSICAL HARM TO PERSONS. Any injury, illness, or other physiological impairment, regardless of its gravity or duration. (R.C. § 2901.01)

   (N)   PHYSICAL HARM TO PROPERTY. Any tangible or intangible damage to property which, in any degree, results in loss to its value or interferes with its use or enjoyment. PHYSICAL HARM TO PROPERTY does not include wear and tear occasioned by normal use. (R.C. § 2901.01) (Rev. eff. with 2000 S-1)

   (O)   PRIVILEGE. An immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship or growing out of necessity. (R.C. § 2901.01)

   (P)   PROPERTY.

      (1)   Any property, real or personal, tangible or intangible, and any interest or license in that property. PROPERTY includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent. “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.

      (2)   As used in this definition, TRADE SECRET has the same meaning as in R.C. § 1333.61, and TELECOMMUNICATIONS SERVICE and INFORMATION SERVICE have the same meanings as in R.C. § 2913.01.

      (3)   As used in this definition and in the definition of CONTRABAND in this section, CABLE TELEVISION SERVICE, COMPUTER, COMPUTER NETWORK, COMPUTER SOFTWARE, COMPUTER SYSTEM, DATA, and TELECOMMUNICATIONS DEVICE have the same meanings as in R.C. § 2913.01.

(R.C. § 2901.01) (Rev. eff. with 2000 S-1)

   (Q)   PUBLIC OFFICIAL. Any elected or appointed officer or employee or agent of the state or the municipality 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.

(R.C. § 2921.01) (Rev. eff. with 2012 S-13)

   (R)   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.

(R.C. § 2921.01) (Rev. eff. with 2012 S-13)

   (S)   REPEAT OFFENDER. A person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that the person will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following applies:

      (1)   Having been convicted of one or more offenses of violence, and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense of violence;

      (2)   Having been convicted of one or more sexually oriented offenses, as defined in R.C. § 2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent sexually oriented offense;

      (3)   Having been convicted of one or more theft offenses, as defined in § 132.01 and R.C. § 2913.01 and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent theft offense;

      (4)   Having been convicted of one or more felony drug abuse offenses as defined in R.C. § 2925.01, and having been imprisoned pursuant to sentence for one or more of those felony drug abuse offenses, the person commits a subsequent felony drug abuse offense;

      (5)   Having been convicted of 2 or more felonies, and having been imprisoned pursuant to sentence for one or more felonies, the person commits a subsequent offense;

      (6)   Having been convicted of 3 or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense.

(R.C. § 2935.36) (Rev. eff. with 2000 S-1)

   (T)   RISK. A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist. (R.C. § 2901.01)

   (U)   SERIOUS PHYSICAL HARM TO PERSONS. Any of the following:

      (1)   Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

      (2)   Any physical harm which carries a substantial risk of death;

      (3)   Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;

      (4)   Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious disfigurement;

      (5)   Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain. (R.C. § 2901.01)

   (V)   SERIOUS PHYSICAL HARM TO PROPERTY. Any physical harm to property which does either of the following:

      (1)   Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;

      (2)   Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time. (R.C. § 2901.01)

   (W)   SUBSTANTIAL RISK. A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist. (R.C. § 2901.01)

   (X)   SCHOOL, SCHOOL BUILDING, and SCHOOL PREMISES. Have the same meanings as in R.C. § 2925.01. (R.C. § 2901.01) (Rev. eff. with 2001 S-2)

   (Y)   SCHOOL ACTIVITY. Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07. (R.C. § 2901.01) (Rev. eff. with 2024 S-27)

   (Z)   SCHOOL BUS. Has the same meaning as in R.C. § 4511.01. (R.C. § 2901.01) (Rev. eff. with 2001 S-2)

   (AA) SCHOOL SAFETY ZONE. Consists of a school, school building, school premises, school activity, and school bus. (R.C. § 2901.01) (Rev. eff. with 2001 S-2)

(Ord. 79-1973, passed 12-19-73; Am. Ord. 11-1981, passed 3-4-81; Am. Ord. 59-1991, passed 9-4-91)