As Passed by the House                        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-THOMAS-VERICH-HOUSEHOLDER-    11           

  PERZ-THOMPSON-TIBERI-METZGER-HARRIS-BUCHY-MEAD-MOTTL-ROBERTS-    12           

 WILSON-VESPER-DAMSCHRODER-SULZER-VAN VYVEN-LEWIS-CAREY-CLANCY-    13           

    CATES-PRINGLE-GRENDELL-MALLORY-STAPLETON-SALERNO-WINKLER-      14           

                          JOHNSON-MASON                            15           


                                                                   17           

                           A   B I L L                                          

             To amend sections 2917.21, 2917.31, and 2917.32 of    19           

                the Revised Code to enhance the penalties for      20           

                telephone harassment, inducing panic,  and making  21           

                false alarms.                                      22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 2917.21, 2917.31, and 2917.32 of   25           

the Revised Code be amended to read as follows:                    26           

      Sec. 2917.21.  (A)  No person shall knowingly make or cause  35           

to be made a telephone call, or knowingly permit a telephone call  36           

to be made from a telephone under the person's control, to         37           

another, if the caller does any of the following:                  38           

      (1)  Fails to identify the caller to the recipient of the    40           

telephone call and makes the telephone call with purpose to        41           

harass, abuse, or annoy any person at the premises to which the    42           

telephone call is made, whether or not conversation takes place    43           

during the telephone call;                                         44           

      (2)  Describes, suggests, requests, or proposes that the     46           

caller, recipient of the telephone call, or any other person       47           

engage in, any sexual activity as defined in division (C) of       48           

                                                          2      

                                                                 
section 2907.01 of the Revised Code, and the recipient of the      49           

telephone call, or another person at the premises to which the     50           

telephone call is made, has requested, in a previous telephone     51           

call or in the immediate telephone call, the caller not to make a  52           

telephone call to the recipient of the telephone call or to the    53           

premises to which the telephone call is made;                      54           

      (3)  During the telephone call, violates section 2903.21 of  56           

the Revised Code;                                                  57           

      (4)  Knowingly states to the recipient of the telephone      59           

call that the caller intends to cause damage to or destroy public  61           

or private property, and the recipient of the telephone call, any  62           

member of the family of the recipient of the telephone call, or    63           

any other person who resides at the premises to which the          64           

telephone call is made owns, leases, resides, or works in, will    65           

at the time of the destruction or damaging be near or in, has the  66           

responsibility of protecting, or insures the property that will    67           

be destroyed or damaged;                                           68           

      (5)  Knowingly makes the telephone call to the recipient of  70           

the telephone call, to another person at the premises to which     71           

the telephone call is made, or to the premises to which the        72           

telephone call is made, and the recipient of the telephone call,   73           

or another person at the premises to which the telephone call is   74           

made, previously has told the caller not to call the premises to   75           

which the telephone call is made or not to call any persons at     76           

the premises to which the telephone call is made.                  77           

      (B)  No person shall make or cause to be made a telephone    79           

call, or permit a telephone call to be made from a telephone       80           

under the person's control, with purpose to abuse, threaten,       81           

annoy, or harass another person.                                   83           

      (C)(1)  Whoever violates this section is guilty of           85           

telephone harassment,.                                             86           

      (2)  A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR     89           

(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  91           

                                                          3      

                                                                 
offense involving the same person, recipient, or premises.         92           

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF      94           

THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A  95           

MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY    96           

OF THE FIFTH DEGREE ON EACH SUBSEQUENT OFFENSE.  IF A VIOLATION    97           

OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF     99           

FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,  100          

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

VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC   101          

HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED    102          

THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FOURTH   103          

DEGREE.  IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION         104          

RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE,  105          

TELEPHONE HARASSMENT IS A FELONY OF THE THIRD DEGREE.              106          

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      108          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   109          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         110          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             111          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    113          

RESULT OF THE CRIMINAL CONDUCT;                                    114          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  116          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      117          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       118          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         120          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         121          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    123          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              124          

      Sec. 2917.31.  (A)  No person shall cause the evacuation of  133          

any public place, or otherwise cause serious public inconvenience  134          

or alarm, by doing any of the following:                           135          

      (1)  Initiating or circulating a report or warning of an     137          

alleged or impending fire, explosion, crime, or other              138          

catastrophe, knowing that such report or warning is false;         139          

      (2)  Threatening to commit any offense of violence;          141          

                                                          4      

                                                                 
      (3)  Committing any offense, with reckless disregard of the  143          

likelihood that its commission will cause serious public           144          

inconvenience or alarm.                                            145          

      (B)  Division (A)(1) of this section does not apply to any   147          

person conducting an authorized fire or emergency drill.           148          

      (C)  Whoever violates this section is guilty of inducing     150          

panic,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, INDUCING   152          

PANIC IS a misdemeanor of the first degree.  If A violation of     153          

this section results in physical harm to any person, inducing      154          

panic is a felony of the fourth degree.  IF A VIOLATION OF THIS    155          

SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE   156          

BUT LESS THAN FIVE THOUSAND DOLLARS, INDUCING PANIC IS A FELONY    157          

OF THE FIFTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN      158          

ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE   159          

HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE                     

FOURTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC   160          

HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A  161          

FELONY OF THE THIRD DEGREE.                                                     

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      163          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   164          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         165          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             166          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    168          

RESULT OF THE CRIMINAL CONDUCT;                                    169          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  171          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      172          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       173          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         175          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         176          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    178          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              179          

      Sec. 2917.32.  (A)  No person shall do either ANY of the     188          

following:                                                         189          

      (1)  Initiate or circulate a report or warning of an         191          

                                                          5      

                                                                 
alleged or impending fire, explosion, crime, or other              192          

catastrophe, knowing that the report or warning is false and       193          

likely to cause public inconvenience or alarm;                     194          

      (2)  Knowingly cause a false alarm of fire or other          196          

emergency to be transmitted to or within any organization, public  197          

or private, for dealing with emergencies involving a risk of       198          

physical harm to persons or property;                              199          

      (3)  Report to any law enforcement agency an alleged         201          

offense or other incident within its concern, knowing that such    202          

offense did not occur.                                             203          

      (B)  This section does not apply to any person conducting    205          

an authorized fire or emergency drill.                             206          

      (C)  Whoever violates this section is guilty of making       208          

false alarms,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,     210          

MAKING FALSE ALARMS IS a misdemeanor of the first degree.  IF A    211          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE                      

HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,       212          

MAKING FALSE ALARMS IS A FELONY OF THE FIFTH DEGREE.  IF A         213          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE         214          

THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND                     

DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE.     215          

IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE     216          

HUNDRED THOUSAND DOLLARS OR MORE, MAKING FALSE ALARMS IS A FELONY  217          

OF THE THIRD DEGREE.                                                            

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      219          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   220          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         221          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             222          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    224          

RESULT OF THE CRIMINAL CONDUCT;                                    225          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  227          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      228          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       229          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         231          

                                                          6      

                                                                 
BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         232          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    234          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              235          

      Section 2.  That existing sections 2917.21, 2917.31, and     237          

2917.32 of the Revised Code are hereby repealed.                   238