As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 161 5
1997-1998 6
REPRESENTATIVES HOTTINGER-JACOBSON-TAYLOR-SCHULER-HAINES-BRADING- 8
CORBIN-O'BRIEN-GARCIA-PRINGLE-MOTTLEY-HOOD-MAIER-LUCAS-MASON- 9
BATCHELDER-CAREY-GRENDELL-REID-VERICH-MYERS-TERWILLEGER-OLMAN- 10
CLANCY-ROMAN-AMSTUTZ-WILLIAMS-OPFER-BENDER-MOTTL-VESPER- 11
MILLER-BUCHY-STAPLETON-BRADY-HOUSEHOLDER-YOUNG-THOMAS-SALERNO- 12
SENATORS BLESSING-B. JOHNSON-HOWARD-OELSLAGER 13
15
A B I L L
To amend section 2921.32 of the Revised Code to 17
expand the offense of obstructing justice to 18
include aiding a child who commits a delinquent 19
act. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2921.32 of the Revised Code be 23
amended to read as follows: 24
Sec. 2921.32. (A) No person, with purpose to hinder the 33
discovery, apprehension, prosecution, conviction, or punishment 34
of another for crime, or to assist another to benefit from the 35
commission of a crime, AND NO PERSON, WITH PURPOSE TO HINDER THE 36
DISCOVERY, APPREHENSION, PROSECUTION, ADJUDICATION AS A 37
DELINQUENT CHILD, OR DISPOSITION OF A CHILD FOR AN ACT THAT IF 38
COMMITTED BY AN ADULT WOULD BE A CRIME OR TO ASSIST A CHILD TO 39
BENEFIT FROM THE COMMISSION OF AN ACT THAT IF COMMITTED BY AN 40
ADULT WOULD BE A CRIME, shall do any of the following:
(1) Harbor or conceal the other person OR CHILD; 42
(2) Provide the other person OR CHILD with money, 44
transportation, a weapon, a disguise, or other means of avoiding 45
discovery or apprehension; 46
(3) Warn the other person OR CHILD of impending discovery 48
2
or apprehension; 49
(4) Destroy or conceal physical evidence of the crime OR 51
ACT, or induce any person to withhold testimony or information or 52
to elude legal process summoning the person to testify or supply 53
evidence; 54
(5) Communicate false information to any person. 56
(B)(1) Whoever violates this section is guilty of 58
obstructing justice.
(2) If the crime committed by the person aided is a 60
misdemeanor OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE A 61
MISDEMEANOR IF COMMITTED BY AN ADULT, obstructing justice is a 62
misdemeanor of the same degree as the crime committed by the 64
person aided OR A MISDEMEANOR OF THE SAME DEGREE THAT THE ACT 65
COMMITTED BY THE CHILD AIDED WOULD BE IF COMMITTED BY AN ADULT. 66
(3) Except as otherwise provided in division (B)(4) of 68
this section, if the crime committed by the person aided is a 69
felony OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE A 70
FELONY IF COMMITTED BY AN ADULT, obstructing justice is a felony 72
of the fifth degree.
(4) If the crime committed by the person aided is 74
aggravated murder, murder, or a felony of the first or second 75
degree OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE ONE OF 76
THOSE OFFENSES IF COMMITTED BY AN ADULT and if the offender knows 77
or has reason to believe that the crime committed by the person 78
aided is one of those offenses OR THAT THE ACT COMMITTED BY THE 79
CHILD AIDED WOULD BE ONE OF THOSE OFFENSES IF COMMITTED BY AN 80
ADULT, obstructing justice is a felony of the third degree. 81
(C) AS USED IN THIS SECTION: 83
(1) "ADULT" AND "CHILD" HAVE THE SAME MEANINGS AS IN 85
SECTION 2151.011 OF THE REVISED CODE. 86
(2) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN SECTION 88
2151.02 OF THE REVISED CODE.
Section 2. That existing section 2921.32 of the Revised 90
Code is hereby repealed. 91