As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session H. B. No. 238 5
1997-1998 6
REPRESENTATIVES COUGHLIN-VAN VYVEN-THOMPSON-SCHURING-NETZLEY- 8
THOMAS-CORBIN-TAYLOR-PRINGLE-WILLIAMS-BENDER-GARCIA- 9
TIBERI-TERWILLEGER-O'BRIEN-SUTTON-LUCAS-CALLENDER-MASON 10
12
A B I L L
To amend section 2919.25 of the Revised Code to 14
specify additional circumstances in which the 15
offense of domestic violence is a felony of the 16
fifth degree. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2919.25 of the Revised Code be 21
amended to read as follows: 22
Sec. 2919.25. (A) No person shall knowingly cause or 31
attempt to cause physical harm to a family or household member. 32
(B) No person shall recklessly cause serious physical harm 34
to a family or household member. 35
(C) No person, by threat of force, shall knowingly cause a 37
family or household member to believe that the offender will 38
cause imminent physical harm to the family or household member. 39
(D) Whoever violates this section is guilty of domestic 41
violence. A EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 42
violation of division (C) of this section is a misdemeanor of the 43
fourth degree. A, AND A violation of division (A) or (B) of this 45
section is a misdemeanor of the first degree. If the offender
previously has been convicted of domestic violence or, OF A 46
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 47
TO DOMESTIC VIOLENCE, OF a violation of section 2903.11, 2903.12, 48
2903.13, 2903.14, 2903.21, 2903.211, or 2903.22, 2911.211, OR 50
2919.22 of the Revised Code involving a person who was a family 51
2
or household member at the time of the violation, OR OF A 52
VIOLATION OF A MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY SIMILAR 53
TO ONE OF THOSE SECTIONS INVOLVING A PERSON WHO WAS A FAMILY OR 54
HOUSEHOLD MEMBER AT THE TIME OF THE VIOLATION, a violation of 55
division (A) or (B) of this section is a felony of the fifth 57
degree, and a violation of division (C) of this section is a
misdemeanor of the third degree. 58
(E) As used in this section and sections 2919.251 and 60
2919.26 of the Revised Code: 61
(1) "Family or household member" means any of the 63
following: 64
(a) Any of the following who is residing or has resided 66
with the offender:
(i) A spouse, a person living as a spouse, or a former 68
spouse of the offender; 69
(ii) A parent or a child of the offender, or another 71
person related by consanguinity or affinity to the offender; 72
(iii) A parent or a child of a spouse, person living as a 74
spouse, or former spouse of the offender, or another person 75
related by consanguinity or affinity to a spouse, person living 76
as a spouse, or former spouse of the offender. 77
(b) The natural parent of any child of whom the offender 79
is the other natural parent. 80
(2) "Person living as a spouse" means a person who is 82
living or has lived with the offender in a common law marital 83
relationship, who otherwise is cohabiting with the offender, or 84
who otherwise has cohabited with the offender within one year 85
prior to the date of the alleged commission of the act in 86
question.
Section 2. That existing section 2919.25 of the Revised 88
Code is hereby repealed. 89