As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                              Am. H. B. No. 182  5            

      1997-1998                                                    6            


REPRESENTATIVES CORE-WESTON-BRITTON-OGG-REID-PADGETT-BRADY-BENDER-  8            

 WOMER BENJAMIN-JERSE-TERWILLEGER-ROMAN-GARDNER-MOTTLEY-BATEMAN-   9            

 BOYD-CORBIN-HAINES-GARCIA-O'BRIEN-BRADING-TAYLOR-OLMAN-COLONNA-   10           

               FORD-SCHURING-PRENTISS-MYERS-SUTTON                 11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 2917.21, 2917.31, and 2917.32 of    15           

                the Revised Code to enhance the penalties for      16           

                telephone harassment, inducing panic,  and making  17           

                false alarms.                                      18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 2917.21, 2917.31, and 2917.32 of   21           

the Revised Code be amended to read as follows:                    22           

      Sec. 2917.21.  (A)  No person shall knowingly make or cause  31           

to be made a telephone call, or knowingly permit a telephone call  32           

to be made from a telephone under the person's control, to         33           

another, if the caller does any of the following:                  34           

      (1)  Fails to identify the caller to the recipient of the    36           

telephone call and makes the telephone call with purpose to        37           

harass, abuse, or annoy any person at the premises to which the    38           

telephone call is made, whether or not conversation takes place    39           

during the telephone call;                                         40           

      (2)  Describes, suggests, requests, or proposes that the     42           

caller, recipient of the telephone call, or any other person       43           

engage in, any sexual activity as defined in division (C) of       44           

section 2907.01 of the Revised Code, and the recipient of the      45           

telephone call, or another person at the premises to which the     46           

telephone call is made, has requested, in a previous telephone     47           

call or in the immediate telephone call, the caller not to make a  48           

                                                          2      

                                                                 
telephone call to the recipient of the telephone call or to the    49           

premises to which the telephone call is made;                      50           

      (3)  During the telephone call, violates section 2903.21 of  52           

the Revised Code;                                                  53           

      (4)  Knowingly states to the recipient of the telephone      55           

call that the caller intends to cause damage to or destroy public  57           

or private property, and the recipient of the telephone call, any  58           

member of the family of the recipient of the telephone call, or    59           

any other person who resides at the premises to which the          60           

telephone call is made owns, leases, resides, or works in, will    61           

at the time of the destruction or damaging be near or in, has the  62           

responsibility of protecting, or insures the property that will    63           

be destroyed or damaged;                                           64           

      (5)  Knowingly makes the telephone call to the recipient of  66           

the telephone call, to another person at the premises to which     67           

the telephone call is made, or to the premises to which the        68           

telephone call is made, and the recipient of the telephone call,   69           

or another person at the premises to which the telephone call is   70           

made, previously has told the caller not to call the premises to   71           

which the telephone call is made or not to call any persons at     72           

the premises to which the telephone call is made.                  73           

      (B)  No person shall make or cause to be made a telephone    75           

call, or permit a telephone call to be made from a telephone       76           

under the person's control, with purpose to abuse, threaten,       77           

annoy, or harass another person.                                   79           

      (C)(1)  Whoever violates this section is guilty of           81           

telephone harassment,.                                             82           

      (2)  A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR     85           

(B) OF THIS SECTION IS a misdemeanor of the first degree on a                   

first offense and a felony of the fifth degree on each subsequent  87           

offense involving the same person, recipient, or premises.         88           

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF      90           

THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A  91           

MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY    92           

                                                          3      

                                                                 
OF THE FIFTH DEGREE ON EACH SUBSEQUENT OFFENSE.  IF A VIOLATION    93           

OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF     95           

FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,  96           

TELEPHONE HARASSMENT IS A FELONY OF THE FIFTH DEGREE.  IF A                     

VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC   97           

HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED    98           

THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FOURTH   99           

DEGREE.  IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION         100          

RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE,  101          

TELEPHONE HARASSMENT IS A FELONY OF THE THIRD DEGREE.              102          

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      104          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   105          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         106          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             107          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    109          

RESULT OF THE CRIMINAL CONDUCT;                                    110          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  112          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      113          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       114          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         116          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         117          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    119          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              120          

      Sec. 2917.31.  (A)  No person shall cause the evacuation of  129          

any public place, or otherwise cause serious public inconvenience  130          

or alarm, by doing any of the following:                           131          

      (1)  Initiating or circulating a report or warning of an     133          

alleged or impending fire, explosion, crime, or other              134          

catastrophe, knowing that such report or warning is false;         135          

      (2)  Threatening to commit any offense of violence;          137          

      (3)  Committing any offense, with reckless disregard of the  139          

likelihood that its commission will cause serious public           140          

inconvenience or alarm.                                            141          

      (B)  Division (A)(1) of this section does not apply to any   143          

                                                          4      

                                                                 
person conducting an authorized fire or emergency drill.           144          

      (C)  Whoever violates this section is guilty of inducing     146          

panic,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, INDUCING   148          

PANIC IS a misdemeanor of the first degree.  If A violation of     149          

this section results in physical harm to any person, inducing      150          

panic is a felony of the fourth degree.  IF A VIOLATION OF THIS    151          

SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE   152          

BUT LESS THAN FIVE THOUSAND DOLLARS, INDUCING PANIC IS A FELONY    153          

OF THE FIFTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN      154          

ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE   155          

HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE                     

FOURTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC   156          

HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A  157          

FELONY OF THE THIRD DEGREE.                                                     

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      159          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   160          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         161          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             162          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    164          

RESULT OF THE CRIMINAL CONDUCT;                                    165          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  167          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      168          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       169          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         171          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         172          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    174          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              175          

      Sec. 2917.32.  (A)  No person shall do either ANY of the     184          

following:                                                         185          

      (1)  Initiate or circulate a report or warning of an         187          

alleged or impending fire, explosion, crime, or other              188          

catastrophe, knowing that the report or warning is false and       189          

likely to cause public inconvenience or alarm;                     190          

      (2)  Knowingly cause a false alarm of fire or other          192          

                                                          5      

                                                                 
emergency to be transmitted to or within any organization, public  193          

or private, for dealing with emergencies involving a risk of       194          

physical harm to persons or property;                              195          

      (3)  Report to any law enforcement agency an alleged         197          

offense or other incident within its concern, knowing that such    198          

offense did not occur.                                             199          

      (B)  This section does not apply to any person conducting    201          

an authorized fire or emergency drill.                             202          

      (C)  Whoever violates this section is guilty of making       204          

false alarms,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,     206          

MAKING FALSE ALARMS IS a misdemeanor of the first degree.  IF A    207          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE                      

HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,       208          

MAKING FALSE ALARMS IS A FELONY OF THE FIFTH DEGREE.  IF A         209          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE         210          

THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND                     

DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE.     211          

IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE     212          

HUNDRED THOUSAND DOLLARS OR MORE, MAKING FALSE ALARMS IS A FELONY  213          

OF THE THIRD DEGREE.                                                            

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      215          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   216          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         217          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             218          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    220          

RESULT OF THE CRIMINAL CONDUCT;                                    221          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  223          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      224          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       225          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         227          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         228          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    230          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              231          

      Section 2.  That existing sections 2917.21, 2917.31, and     233          

                                                          6      

                                                                 
2917.32 of the Revised Code are hereby repealed.                   234