As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 215 5
1997-1998 6
SENATORS SHEERER-SHOEMAKER-LATELL-BLESSING-HOWARD-HERINGTON- 8
GAETH-KEARNS-WATTS-DiDONATO-B. JOHNSON-OELSLAGER-CARNES- 9
McLIN-DRAKE-LATTA-SUHADOLNIK-MUMPER-HAGAN-J. JOHNSON-SCHAFRATH 10
12
A B I L L
To amend sections 2903.211 and 2917.21 of the 13
Revised Code to make any repeat offense of 15
menacing by stalking, and any repeat offense of
telephone harassment other than one involving 16
certain threats to cause damage to property, a 17
felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2903.211 and 2917.21 of the 21
Revised Code be amended to read as follows: 23
Sec. 2903.211. (A) No person by engaging in a pattern of 32
conduct shall knowingly cause another to believe that the 33
offender will cause physical harm to the other person or cause 34
mental distress to the other person. 35
(B) Whoever violates this section is guilty of menacing by 37
stalking, a misdemeanor of the first degree. If the offender 38
previously has been convicted of or pleaded guilty to a violation 39
of this section involving the same person who is the victim of 40
the current offense, menacing by stalking is a felony of the 41
fifth degree. 42
(C) As used in this section: 44
(1) "Pattern of conduct" means two or more actions or 46
incidents closely related in time, whether or not there has been 47
a prior conviction based on any of those actions or incidents. 48
(2) "Mental distress" means any mental illness or 50
2
condition that involves some temporary substantial incapacity or 51
mental illness or condition that would normally require 52
psychiatric treatment. 53
Sec. 2917.21. (A) No person shall knowingly make or cause 62
to be made a telephone call, or knowingly permit a telephone call 63
to be made from a telephone under the person's control, to 64
another, if the caller does any of the following: 65
(1) Fails to identify the caller to the recipient of the 67
telephone call and makes the telephone call with purpose to 68
harass, abuse, or annoy any person at the premises to which the 69
telephone call is made, whether or not conversation takes place 70
during the telephone call; 71
(2) Describes, suggests, requests, or proposes that the 73
caller, recipient of the telephone call, or any other person 74
engage in any sexual activity as defined in division (C) of 75
section 2907.01 of the Revised Code, and the recipient of the 76
telephone call, or another person at the premises to which the 77
telephone call is made, has requested, in a previous telephone 78
call or in the immediate telephone call, the caller not to make a 79
telephone call to the recipient of the telephone call or to the 80
premises to which the telephone call is made; 81
(3) During the telephone call, violates section 2903.21 of 83
the Revised Code; 84
(4) Knowingly states to the recipient of the telephone 86
call that the caller intends to cause damage to or destroy public 88
or private property, and the recipient of the telephone call, any 89
member of the family of the recipient of the telephone call, or 90
any other person who resides at the premises to which the 91
telephone call is made owns, leases, resides, or works in, will 92
at the time of the destruction or damaging be near or in, has the 93
responsibility of protecting, or insures the property that will 94
be destroyed or damaged; 95
(5) Knowingly makes the telephone call to the recipient of 97
the telephone call, to another person at the premises to which 98
3
the telephone call is made, or to the premises to which the 99
telephone call is made, and the recipient of the telephone call, 100
or another person at the premises to which the telephone call is 101
made, previously has told the caller not to call the premises to 102
which the telephone call is made or not to call any persons at 103
the premises to which the telephone call is made. 104
(B) No person shall make or cause to be made a telephone 106
call, or permit a telephone call to be made from a telephone 107
under the person's control, with purpose to abuse, threaten, 108
annoy, or harass another person. 110
(C)(1) Whoever violates this section is guilty of 112
telephone harassment. 113
(2) A violation of division (A)(1), (2), (3), or (5) or 115
(B) of this section is a misdemeanor of the first degree on a 116
first offense and a felony of the fifth degree on each subsequent 118
offense involving the same person, recipient, or premises. 119
(3) Except as otherwise provided in division (C)(3) of 121
this section, a violation of division (A)(4) of this section is a 122
misdemeanor of the first degree on a first offense and a felony 123
of the fifth degree on each subsequent offense. If a violation 124
of division (A)(4) of this section results in economic harm of 126
five hundred dollars or more but less than five thousand dollars, 127
telephone harassment is a felony of the fifth degree. If a
violation of division (A)(4) of this section results in economic 128
harm of five thousand dollars or more but less than one hundred 129
thousand dollars, telephone harassment is a felony of the fourth 130
degree. If a violation of division (A)(4) of this section 131
results in economic harm of one hundred thousand dollars or more, 132
telephone harassment is a felony of the third degree. 133
(D) As used in this section, "economic harm" means all 135
direct, incidental, and consequential pecuniary harm suffered by 136
a victim as a result of criminal conduct. "Economic harm" 137
includes, but is not limited to, all of the following: 138
(1) All wages, salaries, or other compensation lost as a 140
4
result of the criminal conduct; 141
(2) The cost of all wages, salaries, or other compensation 143
paid to employees for time those employees are prevented from 144
working as a result of the criminal conduct; 145
(3) The overhead costs incurred for the time that a 147
business is shut down as a result of the criminal conduct; 148
(4) The loss of value to tangible or intangible property 150
that was damaged as a result of the criminal conduct. 151
(E) Nothing in this section prohibits a person from making 153
a telephone call to a debtor that is in compliance with the "Fair 154
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 155
1692, as amended, or the "Telephone Consumer Protection Act," 105 157
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Section 2. That existing sections 2903.211 and 2917.21 of 159
the Revised Code are hereby repealed. 161