As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 161 5
1997-1998 6
REPRESENTATIVES HOTTINGER-JACOBSON-TAYLOR-SCHULER-HAINES-BRADING- 8
CORBIN-O'BRIEN-GARCIA-PRINGLE-MOTTLEY-HOOD-MAIER 9
11
A B I L L
To amend section 2921.32 of the Revised Code to 13
expand the offense of obstructing justice to 14
include aiding a child who commits a delinquent 15
act. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2921.32 of the Revised Code be 19
amended to read as follows: 20
Sec. 2921.32. (A) No person, with purpose to hinder the 29
discovery, apprehension, prosecution, conviction, or punishment 30
of another for crime, or to assist another to benefit from the 31
commission of a crime, AND NO PERSON, WITH PURPOSE TO HINDER THE 32
DISCOVERY, APPREHENSION, PROSECUTION, ADJUDICATION AS A 33
DELINQUENT CHILD, OR DISPOSITION OF ANOTHER FOR AN ACT THAT IF 34
COMMITTED BY AN ADULT WOULD BE A CRIME OR TO ASSIST ANOTHER TO 35
BENEFIT FROM THE COMMISSION OF AN ACT THAT IF COMMITTED BY AN 36
ADULT WOULD BE A CRIME, shall do any of the following:
(1) Harbor or conceal the other person; 38
(2) Provide the other person with money, transportation, a 41
weapon, a disguise, or other means of avoiding discovery or
apprehension; 42
(3) Warn the other person of impending discovery or 44
apprehension; 45
(4) Destroy or conceal physical evidence of the crime OR 47
ACT, or induce any person to withhold testimony or information or 48
to elude legal process summoning the person to testify or supply 49
2
evidence; 50
(5) Communicate false information to any person. 52
(B)(1) Whoever violates this section is guilty of 54
obstructing justice.
(2) If the crime committed by the person aided is a 56
misdemeanor OR IF THE ACT COMMITTED BY THE PERSON AIDED WOULD BE 57
A MISDEMEANOR IF COMMITTED BY AN ADULT, obstructing justice is a 58
misdemeanor of the same degree as the crime committed by the 60
person aided OR A MISDEMEANOR OF THE SAME DEGREE THAT THE ACT 61
COMMITTED BY THE PERSON AIDED WOULD BE IF COMMITTED BY AN ADULT. 62
(3) Except as otherwise provided in division (B)(4) of 64
this section, if the crime committed by the person aided is a 65
felony OR IF THE ACT COMMITTED BY THE PERSON AIDED WOULD BE A 66
FELONY IF COMMITTED BY AN ADULT, obstructing justice is a felony 68
of the fifth degree.
(4) If the crime committed by the person aided is 70
aggravated murder, murder, or a felony of the first or second 71
degree OR IF THE ACT COMMITTED BY THE PERSON AIDED WOULD BE ONE 72
OF THOSE OFFENSES IF COMMITTED BY AN ADULT and if the offender OR 73
DELINQUENT CHILD knows or has reason to believe that the crime 74
committed by the person aided is one of those offenses OR THAT 75
THE ACT COMMITTED BY THE PERSON AIDED WOULD BE ONE OF THOSE 76
OFFENSES IF COMMITTED BY AN ADULT, obstructing justice is a
felony of the third degree. 77
(C) AS USED IN THIS SECTION: 79
(1) "ADULT" AND "CHILD" HAVE THE SAME MEANINGS AS IN 81
SECTION 2151.011 OF THE REVISED CODE. 82
(2) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN SECTION 84
2151.02 OF THE REVISED CODE.
Section 2. That existing section 2921.32 of the Revised 86
Code is hereby repealed. 87