As Reported by House Criminal Justice 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
GAETH-KEARNS-WATTS-DiDONATO-B. JOHNSON-OELSLAGER-CARNES- 9
McLIN-DRAKE-LATTA-SUHADOLNIK-MUMPER-HAGAN-J. JOHNSON-SCHAFRATH- 10
REPRESENTATIVES CALLENDER-LUCAS-JERSE-TAYLOR-GARCIA- 11
WILLAMOWSKI-GOODMAN-WOMER BENJAMIN-SUTTON 12
_________________________________________________________________ 13
A B I L L
To amend sections 2903.211 and 2917.21 of the 14
Revised Code to make any repeat offense of 16
menacing by stalking, and any repeat offense of
telephone harassment other than one involving 17
certain threats to cause damage to property, a 18
felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 2903.211 and 2917.21 of the 22
Revised Code be amended to read as follows: 24
Sec. 2903.211. (A) No person by engaging in a pattern of 33
conduct shall knowingly cause another to believe that the 34
offender will cause physical harm to the other person or cause 35
mental distress to the other person. 36
(B) Whoever violates this section is guilty of menacing by 38
stalking, a misdemeanor of the first degree. If the offender 39
previously has been convicted of or pleaded guilty to a violation 40
of this section involving the same person who is the victim of 41
the current offense, menacing by stalking is a felony of the 42
fifth degree. 43
(C) As used in this section: 45
(1) "Pattern of conduct" means two or more actions or 47
incidents closely related in time, whether or not there has been 48
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a prior conviction based on any of those actions or incidents. 49
(2) "Mental distress" means any mental illness or 51
condition that involves some temporary substantial incapacity or 52
mental illness or condition that would normally require 53
psychiatric treatment. 54
Sec. 2917.21. (A) No person shall knowingly make or cause 63
to be made a telephone call, or knowingly permit a telephone call 64
to be made from a telephone under the person's control, to 65
another, if the caller does any of the following: 66
(1) Fails to identify the caller to the recipient of the 68
telephone call and makes the telephone call with purpose to 69
harass, abuse, or annoy any person at the premises to which the 70
telephone call is made, whether or not conversation takes place 71
during the telephone call; 72
(2) Describes, suggests, requests, or proposes that the 74
caller, recipient of the telephone call, or any other person 75
engage in any sexual activity as defined in division (C) of 76
section 2907.01 of the Revised Code, and the recipient of the 77
telephone call, or another person at the premises to which the 78
telephone call is made, has requested, in a previous telephone 79
call or in the immediate telephone call, the caller not to make a 80
telephone call to the recipient of the telephone call or to the 81
premises to which the telephone call is made; 82
(3) During the telephone call, violates section 2903.21 of 84
the Revised Code; 85
(4) Knowingly states to the recipient of the telephone 87
call that the caller intends to cause damage to or destroy public 89
or private property, and the recipient of the telephone call, any 90
member of the family of the recipient of the telephone call, or 91
any other person who resides at the premises to which the 92
telephone call is made owns, leases, resides, or works in, will 93
at the time of the destruction or damaging be near or in, has the 94
responsibility of protecting, or insures the property that will 95
be destroyed or damaged; 96
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(5) Knowingly makes the telephone call to the recipient of 98
the telephone call, to another person at the premises to which 99
the telephone call is made, or to the premises to which the 100
telephone call is made, and the recipient of the telephone call, 101
or another person at the premises to which the telephone call is 102
made, previously has told the caller not to call the premises to 103
which the telephone call is made or not to call any persons at 104
the premises to which the telephone call is made. 105
(B) No person shall make or cause to be made a telephone 107
call, or permit a telephone call to be made from a telephone 108
under the person's control, with purpose to abuse, threaten, 109
annoy, or harass another person. 111
(C)(1) Whoever violates this section is guilty of 113
telephone harassment. 114
(2) A violation of division (A)(1), (2), (3), or (5) or 116
(B) of this section is a misdemeanor of the first degree on a 117
first offense and a felony of the fifth degree on each subsequent 119
offense involving the same person, recipient, or premises. 120
(3) Except as otherwise provided in division (C)(3) of 122
this section, a violation of division (A)(4) of this section is a 123
misdemeanor of the first degree on a first offense and a felony 124
of the fifth degree on each subsequent offense. If a violation 125
of division (A)(4) of this section results in economic harm of 127
five hundred dollars or more but less than five thousand dollars, 128
telephone harassment is a felony of the fifth degree. If a
violation of division (A)(4) of this section results in economic 129
harm of five thousand dollars or more but less than one hundred 130
thousand dollars, telephone harassment is a felony of the fourth 131
degree. If a violation of division (A)(4) of this section 132
results in economic harm of one hundred thousand dollars or more, 133
telephone harassment is a felony of the third degree. 134
(D) As used in this section, "economic harm" means all 136
direct, incidental, and consequential pecuniary harm suffered by 137
a victim as a result of criminal conduct. "Economic harm" 138
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includes, but is not limited to, all of the following: 139
(1) All wages, salaries, or other compensation lost as a 141
result of the criminal conduct; 142
(2) The cost of all wages, salaries, or other compensation 144
paid to employees for time those employees are prevented from 145
working as a result of the criminal conduct; 146
(3) The overhead costs incurred for the time that a 148
business is shut down as a result of the criminal conduct; 149
(4) The loss of value to tangible or intangible property 151
that was damaged as a result of the criminal conduct. 152
(E) Nothing in this section prohibits a person from making 154
a telephone call to a debtor that is in compliance with the "Fair 155
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 156
1692, as amended, or the "Telephone Consumer Protection Act," 105 158
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Section 2. That existing sections 2903.211 and 2917.21 of 160
the Revised Code are hereby repealed. 162