SENATORS Mead, Herington, Oelslager, Spada, Jacobson, Austria

To amend sections 2917.31 and 2917.32 and to enact

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section 2917.33 of the Revised Code to increase the

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penalties for inducing panic and making false

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alarms involving a purported, threatened, or actual

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use of a weapon of mass destruction and to prohibit

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unlawful possession or use of a hoax weapon of mass

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destruction.

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

Section 1. That sections 2917.31 and 2917.32 be amended and	8
section 2917.33 of the Revised Code be enacted to read as follows:	9

Sec. 2917.31.  (A) No person shall cause the evacuation of	10
any public place, or otherwise cause serious public inconvenience	11
or alarm, by doing any of the following:	12

(1) Initiating or circulating a report or warning of an	13
alleged or impending fire, explosion, crime, or other catastrophe,	14
knowing that such report or warning is false;	15

(2) Threatening to commit any offense of violence;

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(3) Committing any offense, with reckless disregard of the	17
likelihood that its commission will cause serious public	18
inconvenience or alarm.	19

(B) Division (A)(1) of this section does not apply to any	20
person conducting an authorized fire or emergency drill.	21

(C)(1) Whoever violates this section is guilty of inducing	22
panic.	23

(2) Except as otherwise provided in division (C)(3), (4), or	24
(5), (6), (7), (8), or (9) of this section, inducing panic is a	25
misdemeanor of the first degree.	26

(3) Except as otherwise provided in division (C)(4) or, (5),	27
(6), (7), (8), or (9) of this section, if a violation of this	28
section results in physical harm to any person, inducing panic is	29
a felony of the fourth degree.	30

(4) Except as otherwise provided in division (C)(5), (6),	31
(7), (8), or (9) of this section, if a violation of this section	32
results in economic harm, the penalty shall be determined as	33
follows:	34

(a) If the violation results in economic harm of five	35
hundred dollars or more but less than five thousand dollars and if	36
division (C)(3) of this section does not apply, inducing panic is	37
a felony of the fifth degree.	38

(b) If the violation results in economic harm of five	39
thousand dollars or more but less than one hundred thousand	40
dollars, inducing panic is a felony of the fourth degree.	41

(c) If the violation results in economic harm of one hundred	42
thousand dollars or more, inducing panic is a felony of the third	43
degree.	44

(5)(a) Except as otherwise provided in division (C)(5)(b) or	45
(c)(6), (7), (8), or (9) of this section, if the public place	46
involved in a violation of division (A)(1) of this section is a	47
school, the penalty shall be determined as follows:	48

(a) Except as otherwise provided in division (C)(5)(b) or (c)	49
of this section, inducing panic is a felony of the fourth degree.	50

(b) If the public place involved in a violation of division	51
(A)(1) of this section is a school and if the violation results in	52
physical harm to any person and if division (C)(5)(c)(iii) of this	53
section does not apply, inducing panic is a felony of the third	54
degree.	55

(c) If the public place involved in a violation of division	56
(A)(1) of this section is a school and if the violation results in	57
economic harm, the penalty shall be determined as follows:	58

(i) If the violation results in economic harm of five	59
hundred dollars or more but less than five thousand dollars and if	60
division (C)(5)(b) of this section does not apply, inducing panic	61
is a felony of the fourth degree.	62

(ii) If the violation results in economic harm of five	63
thousand dollars or more but less than one hundred thousand	64
dollars, inducing panic is a felony of the third degree.	65

(iii) If the violation results in economic harm of one	66
hundred thousand dollars or more, inducing panic is a felony of	67
the second degree.	68

(6) If the violation pertains to a purported, threatened, or	69
actual use of a weapon of mass destruction, and except as	70
otherwise provided in division (C)(7), (8), or (9) of this	71
section, inducing panic is a felony of the fourth degree.	72

(7) If the violation pertains to a purported, threatened, or	73
actual use of a weapon of mass destruction, and except as	74
otherwise provided in division (C)(9)(a) or (c) of this section,	75
if a violation of this section results in physical harm to any	76
person, inducing panic is a felony of the third degree.	77

(8) If the violation pertains to a purported, threatened, or	78
actual use of a weapon of mass destruction, and except as	79
otherwise provided in division (C)(9)(a) or (c) of this section,	80
if a violation of this section results in economic harm of one	81
hundred thousand dollars or more, inducing panic is a felony of	82
the third degree.	83

(9)(a) If the public place involved in a violation of	84
division (A)(1) of this section is a school, if the violation	85
pertains to a purported, threatened, or actual use of a weapon of	86
mass destruction, and if the violation results in physical harm to	87
any person, inducing panic is a felony of the second degree.	88

(b) If the public place involved in a violation of division	89
(A)(1) of this section is a school, if the violation pertains to a	90
purported, threatened, or actual use of a weapon of mass	91
destruction, and if the violation results in economic harm of five	92
thousand dollars or more but less than one hundred thousand	93
dollars, and if division (C)(9)(a) of this section does not apply,	94
inducing panic is a felony of the third degree.	95

(c) If the public place involved in a violation of division	96
(A)(1) of this section is a school, if the violation pertains to a	97
purported, threatened, or actual use of a weapon of mass	98
destruction, and if the violation results in economic harm of one	99
hundred thousand dollars or more, inducing panic is a felony of	100
the second degree.	101

(D)(1) It is not a defense to a charge under this section	102
that pertains to a purported or threatened use of a weapon of mass	103
destruction that the offender did not possess or have the ability	104
to use a weapon of mass destruction or that what was represented	105
to be a weapon of mass destruction was not a weapon of mass	106
destruction.	107

(2) Any act that is a violation of this section and any	108
other section of the Revised Code may be prosecuted under this	109
section, the other section, or both sections.	110

(E) As used in this section:

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(1) "Economic harm" means allany of the following:

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(a) All direct, incidental, and consequential pecuniary harm	113
suffered by a victim as a result of criminal conduct. "Economic	114
harm" as described in this division includes, but is not limited	115
to, all of the following:	116

(a)(i) All wages, salaries, or other compensation lost as a	117
result of the criminal conduct;	118

(b)(ii) The cost of all wages, salaries, or other	119
compensation paid to employees for time those employees are	120
prevented from working as a result of the criminal conduct;	121

(c)(iii) The overhead costs incurred for the time that a	122
business is shut down as a result of the criminal conduct;	123

(d)(iv) The loss of value to tangible or intangible property	124
that was damaged as a result of the criminal conduct.	125

(b) All costs incurred by the state or any political	126
subdivision as a result of, or in making any response to, the	127
criminal conduct that constituted the violation of this section or	128
section 2917.32 of the Revised Code, including, but not limited	129
to, all costs so incurred by any law enforcement officers,	130
firefighters, rescue personnel, or emergency medical services	131
personnel of the state or the political subdivision.	132

(2) "School" means any school operated by a board of	133
education or any school for which the state board of education	134
prescribes minimum standards under section 3301.07 of the Revised	135
Code, whether or not any instruction, extracurricular activities,	136
or training provided by the school is being conducted at the time	137
a violation of this section is committed.	138

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

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(a) Any weapon that is designed or intended to cause death	140
or serious physical harm through the release, dissemination, or	141
impact of toxic or poisonous chemicals, or their precursors;	142

(b) Any weapon involving a disease organism or biological	143
agent;	144

(c) Any weapon that is designed to release radiation or	145
radioactivity at a level dangerous to human life;	146

(d) Any of the following, except to the extent that the item	147
or device in question is expressly excepted from the definition of	148
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	149
regulations issued under that section:	150

(i) Any explosive, incendiary, or poison gas bomb, grenade,	151
rocket having a propellant charge of more than four ounces,	152
missile having an explosive or incendiary charge of more than	153
one-quarter ounce, mine, or similar device;	154

(ii) Any combination of parts either designed or intended for	155
use in converting any item or device into any item or device	156
described in division (E)(3)(d)(i) of this section and from which	157
an item or device described in that division may be readily	158
assembled.	159

(4) "Biological agent" has the same meaning as in section	160
2917.33 of the Revised Code.	161

(5) "Emergency medical services personnel" has the same	162
meaning as in section 2133.21 of the Revised Code.	163

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

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(1) Initiate or circulate a report or warning of an alleged	165
or impending fire, explosion, crime, or other catastrophe, knowing	166
that the report or warning is false and likely to cause public	167
inconvenience or alarm;	168

(2) Knowingly cause a false alarm of fire or other emergency	169
to be transmitted to or within any organization, public or	170
private, for dealing with emergencies involving a risk of physical	171
harm to persons or property;	172

(3) Report to any law enforcement agency an alleged offense	173
or other incident within its concern, knowing that such offense	174
did not occur.	175

(B) This section does not apply to any person conducting an	176
authorized fire or emergency drill.	177

(C)(1) Whoever violates this section is guilty of making	178
false alarms. Except	179

(2) Except as otherwise provided in this division (C)(3),	180
(4), (5), or (6) of this section, making false alarms is a	181
misdemeanor of the first degree. If	182

(3) Except as otherwise provided in division (C)(4) of this	183
section, if a violation of this section results in economic harm	184
of five hundred dollars or more but less than five thousand	185
dollars, making false alarms is a felony of the fifth degree. If	186

(4) If a violation of this section pertains to a purported,	187
threatened, or actual use of a weapon of mass destruction, making	188
false alarms is a felony of the third degree.	189

(5) If a violation of this section results in economic harm	190
of five thousand dollars or more but less than one hundred	191
thousand dollars and if division (C)(4) of this section does not	192
apply, making false alarms is a felony of the fourth degree. If	193

(6) If a violation of this section results in economic harm	194
of one hundred thousand dollars or more, making false alarms is a	195
felony of the third degree.	196

(D)(1) It is not a defense to a charge under this section	197
that pertains to a purported or threatened use of a weapon of mass	198
destruction that the offender did not possess or have the ability	199
to use a weapon of mass destruction or that what was represented	200
to be a weapon of mass destruction was not a weapon of mass	201
destruction.	202

(2) Any act that is a violation of this section and any	203
other section of the Revised Code may be prosecuted under this	204
section, the other section, or both sections.	205

(E) As used in this section, "economic harm" means all	206
direct, incidental, and consequential pecuniary harm suffered by a	207
victim as a result of criminal conduct. "Economic harm" includes,	208
but is not limited to, all of the following:	209

(1) All wages, salaries, or other compensation lost as a	210
result of the criminal conduct;	211

(2) The cost of all wages, salaries, or other compensation	212
paid to employees for time those employees are prevented from	213
working as a result of the criminal conduct;	214

(3) The overhead costs incurred for the time that a business	215
is shut down as a result of the criminal conduct;	216

(4) The loss of value to tangible or intangible property	217
that was damaged as a result of the criminal conductand "weapon	218
of mass destruction" have the same meanings as in section 2917.31	219
of the Revised Code.	220

Sec. 2917.33. (A) No person, without privilege to do so,	221
shall manufacture, possess, sell, deliver, display, use, threaten	222
to use, attempt to use, conspire to use, or make readily	223
accessible to others a hoax weapon of mass destruction with the	224
intent to deceive or otherwise mislead one or more persons into	225
believing that the hoax weapon of mass destruction will cause	226
terror, bodily harm, or property damage.	227

(B) This section does not apply to any member or employee of	228
the armed forces of the United States, a governmental agency of	229
this state, another state, or the United States, or a private	230
entity, to whom all of the following apply:	231

(1) The member or employee otherwise is engaged in lawful	232
activity within the scope of the member's or employee's duties or	233
employment.	234

(2) The member or employee otherwise is duly authorized or	235
licensed to manufacture, possess, sell, deliver, display, or	236
otherwise engage in activity as described in division (A) of this	237
section.	238

(3) The member or employee is in compliance with applicable	239
federal and state law.	240

(C) Whoever violates this section is guilty of unlawful	241
possession or use of a hoax weapon of mass destruction, a felony	242
of the fourth degree.	243

(D) Any act that is a violation of this section and any	244
other section of the Revised Code may be prosecuted under this	245
section, the other section, or both sections.	246

(E) As used in this section:

247

(1) "Hoax weapon of mass destruction" means any device or	248
object that by its design, construction, content, or	249
characteristics appears to be, appears to constitute, or appears	250
to contain, or is represented as being, constituting, or	251
containing, a weapon of mass destruction and to which either of	252
the following applies:	253

(a) It is, in fact, an inoperative facsimile, imitation,	254
counterfeit, or representation of a weapon of mass destruction	255
that does not meet the definition of a weapon of mass destruction.	256

(b) It does not actually contain or constitute a weapon,	257
biological agent, toxin, vector, or delivery system.	258

(2) "Biological agent" means any microorganism, virus,	259
infectious substance, or biological product that may be engineered	260
through biotechnology, or any naturally occurring or bioengineered	261
component of any microorganism, virus, infectious substance, or	262
biological product that may be engineered through biotechnology,	263
capable of causing any of the following:	264

(a) Death, disease, or other biological malfunction in a	265
human, an animal, a plant, or another living organism;	266

(b) Deterioration of food, water, equipment, supplies, or	267
material of any kind;	268

(c) Deleterious alteration of the environment.

269

(3) "Toxin" means the toxic material of plants, animals,	270
microorganisms, viruses, fungi, or infectious substances or a	271
recombinant molecule, whatever its origin or method of	272
reproduction, including, but not limited to, any of the following:	273

(a) Any poisonous substance or biological product that may	274
be engineered through biotechnology and that is produced by a	275
living organism;	276

(b) Any poisonous isomer or biological product, homolog, or	277
derivative of any substance or product described in division	278
(D)(3)(a) of this section.	279

(4) "Delivery system" means any of the following:

280

(a) Any apparatus, equipment, device, or means of delivery	281
specifically designed to deliver or disseminate a biological	282
agent, toxin, or vector;	283

(b) Any vector.

284

(5) "Vector" means a living organism or molecule, including	285
a recombinant molecule or biological product that may be	286
engineered through biotechnology, capable of carrying a biological	287
agent or toxin to a host.	288

(6) "Weapon of mass destruction" has the same meaning as in	289
section 2917.31 of the Revised Code.	290

Section 2. That existing sections 2917.31 and 2917.32 of the	291
Revised Code are hereby repealed.	292