REPRESENTATIVES White, Clancy, Husted, Setzer, Carmichael, Collier, Faber, Grendell, Hughes, Latta, Metzger, McGregor, Olman, Reidelbach, Roman, Salerno, Schmidt, Schaffer, G. Smith, Williams, Wolpert, Boccieri, Britton, Carano, Cirelli, Distel, Ford, Otterman, Rhine, Seaver, Sferra, Wilson

To amend sections 2917.31 and 2917.32 of the Revised

1

Code to increase the penalties for the offenses of

2

inducing panic and making false alarms if the act

3

that is the basis of the particular offense

4

pertains to a purported, threatened, or actual use

5

of a weapon of mass destruction.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2917.31 and 2917.32 of the Revised	7
Code be amended to read as follows:	8

Sec. 2917.31.  (A) No person shall cause the evacuation of	9
any public place, or otherwise cause serious public inconvenience	10
or alarm, by doing any of the following:	11

(1) Initiating or circulating a report or warning of an	12
alleged or impending fire, explosion, crime, or other catastrophe,	13
knowing that such report or warning is false;	14

(2) Threatening to commit any offense of violence;

15

(3) Committing any offense, with reckless disregard of the	16
likelihood that its commission will cause serious public	17
inconvenience or alarm.	18

(B) Division (A)(1) of this section does not apply to any	19
person conducting an authorized fire or emergency drill.	20

(C)(1) Whoever violates this section is guilty of inducing	21
panic.	22

(2) Except as otherwise provided in division (C)(3), (4), or	23
(5), or (6) of this section, inducing panic is a misdemeanor of	24
the first degree.	25

(3) Except as otherwise provided in division (C)(4), (5), or	26
(6) of this section, if the violation pertains to a purported,	27
threatened, or actual use of a weapon of mass destruction,	28
inducing panic is a felony of the fifth degree.	29

(4)(a) Except as otherwise provided in division (C)(4) or	30
(b), (5), or (6) of this section, if a violation of this section	31
results in physical harm to any person, inducing panic is a felony	32
of the fourth degree.	33

(4)(b) Except as provided in division (C)(6) of this	34
section, if a violation of this section results in physical harm	35
to any person and if the violation pertains to a purported,	36
threatened, or actual use of a weapon of mass destruction,	37
inducing panic is a felony of the third degree.	38

(5) Except as otherwise provided in division (C)(5)(6) of	39
this section, if a violation of this section results in economic	40
harm, the penalty shall be determined as follows:	41

(a) If the violation results in economic harm of five	42
hundred dollars or more but less than five thousand dollars and if	43
neither division (C)(3)(4)(a) nor division (C)(4)(b) of this	44
section does not applyapplies, inducing panic is a felony of the	45
fifth degree.	46

(b) If the violation results in economic harm of five	47
thousand dollars or more but less than one hundred thousand	48
dollars and if division (C)(4)(b) of this section does not apply,	49
inducing panic is a felony of the fourth degree.	50

(c) If the violation results in economic harm of one hundred	51
thousand dollars or more, inducing panic is a felony of the third	52
degree.	53

(5)(6)(a) Except as otherwise provided in division	54
(C)(5)(6)(b) or, (c), or (d) of this section, if the public place	55
involved in a violation of division (A)(1) of this section is a	56
school and if division (C)(4)(b) of this section does not apply,	57
inducing panic is a felony of the fourth degree.	58

(b) IfExcept as otherwise provided in division (C)(6)(c) of	59
this section, if the public place involved in a violation of	60
division (A)(1) of this section is a school and if the violation	61
results in physical harm to any person, inducing panic is a felony	62
of the third degree.	63

(c) If the public place involved in a violation of division	64
(A)(1) of this section is a school, if the violation results in	65
physical harm to any person, and if the violation pertains to a	66
purported or threatened use of a weapon of mass destruction,	67
inducing panic is a felony of the second degree.	68

(d) If the public place involved in a violation of division	69
(A)(1) of this section is a school and if the violation results in	70
economic harm, the penalty shall be determined as follows:	71

(i) If the violation results in economic harm of five	72
hundred dollars or more but less than five thousand dollars and if	73
neither division (C)(4)(b), nor division (C)(5)(6)(b), nor	74
division (C)(6)(c) of this section does not applyapplies,	75
inducing panic is a felony of the fourth degree.	76

(ii) If the violation results in economic harm of five	77
thousand dollars or more but less than one hundred thousand	78
dollars, inducing panic is a felony of the third degree.	79

(iii) If the violation results in economic harm of one	80
hundred thousand dollars or more, inducing panic is a felony of	81
the second degree.	82

(D) As used in this section:

83

(1) "Economic harm" means all direct, incidental, and	84
consequential pecuniary harm suffered by a victim as a result of	85
criminal conduct. "Economic harm" includes, but is not limited	86
to, all of the following:	87

(a) All wages, salaries, or other compensation lost as a	88
result of the criminal conduct;	89

(b) The cost of all wages, salaries, or other compensation	90
paid to employees for time those employees are prevented from	91
working as a result of the criminal conduct;	92

(c) The overhead costs incurred for the time that a business	93
is shut down as a result of the criminal conduct;	94

(d) The loss of value to tangible or intangible property	95
that was damaged as a result of the criminal conduct.	96

(2) "School" means any school operated by a board of	97
education or any school for which the state board of education	98
prescribes minimum standards under section 3301.07 of the Revised	99
Code, whether or not any instruction, extracurricular activities,	100
or training provided by the school is being conducted at the time	101
a violation of this section is committed.	102

(3) A violation of this section "pertains to a purported,	103
threatened, or actual use of a weapon of mass destruction" if any	104
of the following applies:	105

(a) Regarding a violation of division (A)(1) of this	106
section, the alleged or impending fire, explosion, crime, or other	107
catastrophe identified or mentioned in the report or warning that	108
is initiated or circulated in committing the violation purportedly	109
involved, involves, or will involve a weapon of mass destruction;	110

(b) Regarding a violation of division (A)(2) of this	111
section, the offense of violence that is threatened in committing	112
the violation purportedly will involve a weapon of mass	113
destruction;	114

(c) Regarding a violation of division (A)(3) of this	115
section, the offense that is committed in committing the violation	116
involved a weapon of mass destruction.	117

(4) "Weapon of mass destruction" means any of the following:

118

(a) Any weapon that is designed or intended to cause death	119
or serious physical harm through the release, dissemination, or	120
impact of toxic or poisonous chemicals, or their precursors;	121

(b) Any weapon involving a disease organism;

122

(c) Any weapon that is designed to release radiation or	123
radioactivity at a level dangerous to human life;	124

(d) Any of the following, except to the extent that the item	125
or device in question is expressly excepted from the definition of	126
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	127
regulations issued under that section:	128

(i) Any explosive, incendiary, or poison gas bomb, grenade,	129
rocket having a propellant charge of more than four ounces,	130
missile having an explosive or incendiary charge of more than	131
one-quarter ounce, mine, or similar device;	132

(ii) Any type of weapon, other than a shotgun or a shotgun	133
shell that the United States secretary of the treasury finds	134
pursuant to 18 U.S.C. 921(a)(4)(B) generally is recognized as	135
particularly suitable for sporting purposes, by whatever name	136
known, that will, or that may be readily converted to, expel a	137
projectile by the action of an explosive or other propellant and	138
that has any barrel with a bore of more than one-half inch in	139
diameter;	140

(iii) Any combination of parts either designed or intended	141
for use in converting any item or device into any item or device	142
described in division (D)(4)(d)(i) or (ii) of this section and	143
from which an item or device described in either of those	144
divisions may be readily assembled.	145

Sec. 2917.32.  (A) No person shall do any of the following:

146

(1) Initiate or circulate a report or warning of an alleged	147
or impending fire, explosion, crime, or other catastrophe, knowing	148
that the report or warning is false and likely to cause public	149
inconvenience or alarm;	150

(2) Knowingly cause a false alarm of fire or other emergency	151
to be transmitted to or within any organization, public or	152
private, for dealing with emergencies involving a risk of physical	153
harm to persons or property;	154

(3) Report to any law enforcement agency an alleged offense	155
or other incident within its concern, knowing that such offense	156
did not occur.	157

(B) This section does not apply to any person conducting an	158
authorized fire or emergency drill.	159

(C)(1) Whoever violates this section is guilty of making	160
false alarms. Except	161

(2) Except as otherwise provided in this division (C)(3),	162
(4), (5), or (6) of this section, making false alarms is a	163
misdemeanor of the first degree. If	164

(3) Except as otherwise provided in division (C)(5) or (6)	165
of this section, if a violation of this section pertains to a	166
purported, threatened, or actual use of a weapon of mass	167
destruction, inducing panic is a felony of the fifth degree.	168

(4) If a violation of this section results in economic harm	169
of five hundred dollars or more but less than five thousand	170
dollars, making false alarms is a felony of the fifth degree. If	171

(5) If a violation of this section results in economic harm	172
of five thousand dollars or more but less than one hundred	173
thousand dollars, making false alarms is a felony of the fourth	174
degree. If	175

(6) If a violation of this section results in economic harm	176
of one hundred thousand dollars or more, making false alarms is a	177
felony of the third degree.	178

(D) As used in this section, "economic:

179

(1) "Economic harm" means all direct, incidental, and	180
consequential pecuniary harm suffered by a victim as a result of	181
criminal conduct. "Economic harm" includes, but is not limited	182
to, all of the following:	183

(1) All wages, salaries, or other compensation lost as a	184
result of the criminal conduct;	185

(2) The cost of all wages, salaries, or other compensation	186
paid to employees for time those employees are prevented from	187
working as a result of the criminal conduct;	188

(3) The overhead costs incurred for the time that a business	189
is shut down as a result of the criminal conduct;	190

(4) The loss of value to tangible or intangible property	191
that was damaged as a result of the criminal conductand "weapon	192
of mass destruction" have the same meanings as in section 2917.31	193
of the Revised Code.	194

(2) A violation of this section "pertains to a purported,	195
threatened, or actual use of a weapon of mass destruction" if any	196
of the following applies:	197

(a) Regarding a violation of division (A)(1) of this	198
section, the alleged or impending fire, explosion, crime, or other	199
catastrophe identified or mentioned in the report or warning that	200
is initiated or circulated in committing the violation purportedly	201
involved, involves, or will involve a weapon of mass destruction;	202

(b) Regarding a violation of division (A)(2) of this	203
section, the false alarm of fire or other emergency that is	204
knowingly caused to be transmitted in committing the violation	205
purportedly involved or involves a weapon of mass destruction;	206

(c) Regarding a violation of division (A)(3) of this	207
section, the alleged offense or other incident that is reported in	208
committing the violation purportedly involved or involves a weapon	209
of mass destruction.	210

Section 2. That existing sections 2917.31 and 2917.32 of the	211
Revised Code are hereby repealed.	212