As Passed by the House 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-JONES-TAYLOR-GARCIA- 11
WILLAMOWSKI-GOODMAN-WOMER BENJAMIN-SUTTON-JERSE- 12
ALLEN-ROBERTS-SULZER-LOGAN-OPFER-MOTTL-BENDER- 13
HARTNETT-MOTTLEY-MEAD-REID-ROMAN-PRINGLE-BOYD- 14
THOMAS-JOHNSON-BRADY-O'BRIEN-PERZ-PATTON- 15
METZGER-GRENDELL-KRUPINSKI-PADGETT- 16
TAVARES-SALERNO-BRITTON-MALLORY 17
_________________________________________________________________ 18
A B I L L
To amend sections 2903.211 and 2917.21 of the 19
Revised Code to make any repeat offense of 21
menacing by stalking, and any repeat offense of
telephone harassment other than one involving 22
certain threats to cause damage to property, a 23
felony of the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2903.211 and 2917.21 of the 27
Revised Code be amended to read as follows: 29
Sec. 2903.211. (A) No person by engaging in a pattern of 38
conduct shall knowingly cause another to believe that the 39
offender will cause physical harm to the other person or cause 40
mental distress to the other person. 41
(B) Whoever violates this section is guilty of menacing by 43
stalking, a misdemeanor of the first degree. If the offender 44
previously has been convicted of or pleaded guilty to a violation 45
of this section involving the same person who is the victim of 46
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the current offense, menacing by stalking is a felony of the 47
fifth degree. 48
(C) As used in this section: 50
(1) "Pattern of conduct" means two or more actions or 52
incidents closely related in time, whether or not there has been 53
a prior conviction based on any of those actions or incidents. 54
(2) "Mental distress" means any mental illness or 56
condition that involves some temporary substantial incapacity or 57
mental illness or condition that would normally require 58
psychiatric treatment. 59
Sec. 2917.21. (A) No person shall knowingly make or cause 68
to be made a telephone call, or knowingly permit a telephone call 69
to be made from a telephone under the person's control, to 70
another, if the caller does any of the following: 71
(1) Fails to identify the caller to the recipient of the 73
telephone call and makes the telephone call with purpose to 74
harass, abuse, or annoy any person at the premises to which the 75
telephone call is made, whether or not conversation takes place 76
during the telephone call; 77
(2) Describes, suggests, requests, or proposes that the 79
caller, recipient of the telephone call, or any other person 80
engage in any sexual activity as defined in division (C) of 81
section 2907.01 of the Revised Code, and the recipient of the 82
telephone call, or another person at the premises to which the 83
telephone call is made, has requested, in a previous telephone 84
call or in the immediate telephone call, the caller not to make a 85
telephone call to the recipient of the telephone call or to the 86
premises to which the telephone call is made; 87
(3) During the telephone call, violates section 2903.21 of 89
the Revised Code; 90
(4) Knowingly states to the recipient of the telephone 92
call that the caller intends to cause damage to or destroy public 94
or private property, and the recipient of the telephone call, any 95
member of the family of the recipient of the telephone call, or 96
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any other person who resides at the premises to which the 97
telephone call is made owns, leases, resides, or works in, will 98
at the time of the destruction or damaging be near or in, has the 99
responsibility of protecting, or insures the property that will 100
be destroyed or damaged; 101
(5) Knowingly makes the telephone call to the recipient of 103
the telephone call, to another person at the premises to which 104
the telephone call is made, or to the premises to which the 105
telephone call is made, and the recipient of the telephone call, 106
or another person at the premises to which the telephone call is 107
made, previously has told the caller not to call the premises to 108
which the telephone call is made or not to call any persons at 109
the premises to which the telephone call is made. 110
(B) No person shall make or cause to be made a telephone 112
call, or permit a telephone call to be made from a telephone 113
under the person's control, with purpose to abuse, threaten, 114
annoy, or harass another person. 116
(C)(1) Whoever violates this section is guilty of 118
telephone harassment. 119
(2) A violation of division (A)(1), (2), (3), or (5) or 121
(B) of this section is a misdemeanor of the first degree on a 122
first offense and a felony of the fifth degree on each subsequent 124
offense involving the same person, recipient, or premises. 125
(3) Except as otherwise provided in division (C)(3) of 127
this section, a violation of division (A)(4) of this section is a 128
misdemeanor of the first degree on a first offense and a felony 129
of the fifth degree on each subsequent offense. If a violation 130
of division (A)(4) of this section results in economic harm of 132
five hundred dollars or more but less than five thousand dollars, 133
telephone harassment is a felony of the fifth degree. If a
violation of division (A)(4) of this section results in economic 134
harm of five thousand dollars or more but less than one hundred 135
thousand dollars, telephone harassment is a felony of the fourth 136
degree. If a violation of division (A)(4) of this section 137
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results in economic harm of one hundred thousand dollars or more, 138
telephone harassment is a felony of the third degree. 139
(D) As used in this section, "economic harm" means all 141
direct, incidental, and consequential pecuniary harm suffered by 142
a victim as a result of criminal conduct. "Economic harm" 143
includes, but is not limited to, all of the following: 144
(1) All wages, salaries, or other compensation lost as a 146
result of the criminal conduct; 147
(2) The cost of all wages, salaries, or other compensation 149
paid to employees for time those employees are prevented from 150
working as a result of the criminal conduct; 151
(3) The overhead costs incurred for the time that a 153
business is shut down as a result of the criminal conduct; 154
(4) The loss of value to tangible or intangible property 156
that was damaged as a result of the criminal conduct. 157
(E) Nothing in this section prohibits a person from making 159
a telephone call to a debtor that is in compliance with the "Fair 160
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 161
1692, as amended, or the "Telephone Consumer Protection Act," 105 163
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Section 2. That existing sections 2903.211 and 2917.21 of 165
the Revised Code are hereby repealed. 167