As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 215 5
1997-1998 6
SENATORS SHEERER-SHOEMAKER-LATELL-BLESSING-HOWARD-HERINGTON 8
10
A B I L L
To amend sections 2903.211 and 2917.21 of the 11
Revised Code to make any repeat offense of 13
menacing by stalking, and any repeat offense of
telephone harassment other than one involving 14
certain threats to cause damage to property, a 15
felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 2903.211 and 2917.21 of the 19
Revised Code be amended to read as follows: 21
Sec. 2903.211. (A) No person by engaging in a pattern of 30
conduct shall knowingly cause another to believe that the 31
offender will cause physical harm to the other person or cause 32
mental distress to the other person. 33
(B) Whoever violates this section is guilty of menacing by 35
stalking, a misdemeanor of the first degree. If the offender 36
previously has been convicted of or pleaded guilty to a violation 37
of this section involving the same person who is the victim of 38
the current offense, menacing by stalking is a felony of the 39
fifth degree. 40
(C) As used in this section: 42
(1) "Pattern of conduct" means two or more actions or 44
incidents closely related in time, whether or not there has been 45
a prior conviction based on any of those actions or incidents. 46
(2) "Mental distress" means any mental illness or 48
condition that involves some temporary substantial incapacity or 49
mental illness or condition that would normally require 50
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psychiatric treatment. 51
Sec. 2917.21. (A) No person shall knowingly make or cause 60
to be made a telephone call, or knowingly permit a telephone call 61
to be made from a telephone under the person's control, to 62
another, if the caller does any of the following: 63
(1) Fails to identify the caller to the recipient of the 65
telephone call and makes the telephone call with purpose to 66
harass, abuse, or annoy any person at the premises to which the 67
telephone call is made, whether or not conversation takes place 68
during the telephone call; 69
(2) Describes, suggests, requests, or proposes that the 71
caller, recipient of the telephone call, or any other person 72
engage in any sexual activity as defined in division (C) of 73
section 2907.01 of the Revised Code, and the recipient of the 74
telephone call, or another person at the premises to which the 75
telephone call is made, has requested, in a previous telephone 76
call or in the immediate telephone call, the caller not to make a 77
telephone call to the recipient of the telephone call or to the 78
premises to which the telephone call is made; 79
(3) During the telephone call, violates section 2903.21 of 81
the Revised Code; 82
(4) Knowingly states to the recipient of the telephone 84
call that the caller intends to cause damage to or destroy public 86
or private property, and the recipient of the telephone call, any 87
member of the family of the recipient of the telephone call, or 88
any other person who resides at the premises to which the 89
telephone call is made owns, leases, resides, or works in, will 90
at the time of the destruction or damaging be near or in, has the 91
responsibility of protecting, or insures the property that will 92
be destroyed or damaged; 93
(5) Knowingly makes the telephone call to the recipient of 95
the telephone call, to another person at the premises to which 96
the telephone call is made, or to the premises to which the 97
telephone call is made, and the recipient of the telephone call, 98
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or another person at the premises to which the telephone call is 99
made, previously has told the caller not to call the premises to 100
which the telephone call is made or not to call any persons at 101
the premises to which the telephone call is made. 102
(B) No person shall make or cause to be made a telephone 104
call, or permit a telephone call to be made from a telephone 105
under the person's control, with purpose to abuse, threaten, 106
annoy, or harass another person. 108
(C)(1) Whoever violates this section is guilty of 110
telephone harassment. 111
(2) A violation of division (A)(1), (2), (3), or (5) or 113
(B) of this section is a misdemeanor of the first degree on a 114
first offense and a felony of the fifth degree on each subsequent 116
offense involving the same person, recipient, or premises. 117
(3) Except as otherwise provided in division (C)(3) of 119
this section, a violation of division (A)(4) of this section is a 120
misdemeanor of the first degree on a first offense and a felony 121
of the fifth degree on each subsequent offense. If a violation 122
of division (A)(4) of this section results in economic harm of 124
five hundred dollars or more but less than five thousand dollars, 125
telephone harassment is a felony of the fifth degree. If a
violation of division (A)(4) of this section results in economic 126
harm of five thousand dollars or more but less than one hundred 127
thousand dollars, telephone harassment is a felony of the fourth 128
degree. If a violation of division (A)(4) of this section 129
results in economic harm of one hundred thousand dollars or more, 130
telephone harassment is a felony of the third degree. 131
(D) As used in this section, "economic harm" means all 133
direct, incidental, and consequential pecuniary harm suffered by 134
a victim as a result of criminal conduct. "Economic harm" 135
includes, but is not limited to, all of the following: 136
(1) All wages, salaries, or other compensation lost as a 138
result of the criminal conduct; 139
(2) The cost of all wages, salaries, or other compensation 141
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paid to employees for time those employees are prevented from 142
working as a result of the criminal conduct; 143
(3) The overhead costs incurred for the time that a 145
business is shut down as a result of the criminal conduct; 146
(4) The loss of value to tangible or intangible property 148
that was damaged as a result of the criminal conduct. 149
(E) Nothing in this section prohibits a person from making 151
a telephone call to a debtor that is in compliance with the "Fair 152
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 153
1692, as amended, or the "Telephone Consumer Protection Act," 105 155
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Section 2. That existing sections 2903.211 and 2917.21 of 157
the Revised Code are hereby repealed. 159