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
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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
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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
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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
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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
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2917.32 of the Revised Code are hereby repealed. 234