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
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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
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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
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(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
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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
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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