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To amend sections 2917.31 and 2917.32 and to enact | 1 |
section 2917.33 of the Revised Code to increase the | 2 |
penalties for inducing panic and making false | 3 |
alarms involving a purported, threatened, or actual | 4 |
use of a weapon of mass destruction and to prohibit | 5 |
unlawful possession or use of a hoax weapon of mass | 6 |
destruction. | 7 |
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; | 16 |
(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),
| 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)
| 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) | 45 |
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
| 51 |
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
| 56 |
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: | 111 |
(1) "Economic harm" means all direct, incidental, and | 112 |
consequential pecuniary harm suffered by a victim as a result of | 113 |
criminal conduct. "Economic harm" includes, but is not limited | 114 |
to, all of the following: | 115 |
(a) All wages, salaries, or other compensation lost as a | 116 |
result of the criminal conduct; | 117 |
(b) The cost of all wages, salaries, or other compensation | 118 |
paid to employees for time those employees are prevented from | 119 |
working as a result of the criminal conduct; | 120 |
(c) The overhead costs incurred for the time that a business | 121 |
is shut down as a result of the criminal conduct; | 122 |
(d) The loss of value to tangible or intangible property | 123 |
that was damaged as a result of the criminal conduct. | 124 |
(2) "School" means any school operated by a board of | 125 |
education or any school for which the state board of education | 126 |
prescribes minimum standards under section 3301.07 of the Revised | 127 |
Code, whether or not any instruction, extracurricular activities, | 128 |
or training provided by the school is being conducted at the time | 129 |
a violation of this section is committed. | 130 |
(3) "Weapon of mass destruction" means any of the following: | 131 |
(a) Any weapon that is designed or intended to cause death | 132 |
or serious physical harm through the release, dissemination, or | 133 |
impact of toxic or poisonous chemicals, or their precursors; | 134 |
(b) Any weapon involving a disease organism or biological | 135 |
agent; | 136 |
(c) Any weapon that is designed to release radiation or | 137 |
radioactivity at a level dangerous to human life; | 138 |
(d) Any of the following, except to the extent that the item | 139 |
or device in question is expressly excepted from the definition of | 140 |
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and | 141 |
regulations issued under that section: | 142 |
(i) Any explosive, incendiary, or poison gas bomb, grenade, | 143 |
rocket having a propellant charge of more than four ounces, | 144 |
missile having an explosive or incendiary charge of more than | 145 |
one-quarter ounce, mine, or similar device; | 146 |
(ii) Any combination of parts either designed or intended for | 147 |
use in converting any item or device into any item or device | 148 |
described in division (E)(3)(d)(i) of this section and from which | 149 |
an item or device described in that division may be readily | 150 |
assembled. | 151 |
(4) "Biological agent" has the same meaning as in section | 152 |
2917.33 of the Revised Code. | 153 |
Sec. 2917.32. (A) No person shall do any of the following: | 154 |
(1) Initiate or circulate a report or warning of an alleged | 155 |
or impending fire, explosion, crime, or other catastrophe, knowing | 156 |
that the report or warning is false and likely to cause public | 157 |
inconvenience or alarm; | 158 |
(2) Knowingly cause a false alarm of fire or other emergency | 159 |
to be transmitted to or within any organization, public or | 160 |
private, for dealing with emergencies involving a risk of physical | 161 |
harm to persons or property; | 162 |
(3) Report to any law enforcement agency an alleged offense | 163 |
or other incident within its concern, knowing that such offense | 164 |
did not occur. | 165 |
(B) This section does not apply to any person conducting an | 166 |
authorized fire or emergency drill. | 167 |
(C)(1) Whoever violates this section is guilty of making | 168 |
false alarms.
| 169 |
(2) Except
as otherwise provided in
| 170 |
(4), (5), or (6) of this section, making false alarms is a | 171 |
misdemeanor of the first degree.
| 172 |
(3) Except as otherwise provided in division (C)(4) of this | 173 |
section, if a violation of this section results in economic harm | 174 |
of five hundred dollars or more but less than five thousand | 175 |
dollars, making false alarms is a felony
of the fifth degree.
| 176 |
(4) If a violation of this section pertains to a purported, | 177 |
threatened, or actual use of a weapon of mass destruction, making | 178 |
false alarms is a felony of the third degree. | 179 |
(5) If a violation of this section results in economic harm | 180 |
of five thousand dollars or more but less than one hundred | 181 |
thousand dollars and if division (C)(4) of this section does not | 182 |
apply,
making false alarms is a felony of the fourth
degree.
| 183 |
(6) If a violation of this section results in economic harm | 184 |
of one hundred thousand dollars or more, making false alarms is a | 185 |
felony of the third degree. | 186 |
(D)(1) It is not a defense to a charge under this section | 187 |
that pertains to a purported or threatened use of a weapon of mass | 188 |
destruction that the offender did not possess or have the ability | 189 |
to use a weapon of mass destruction or that what was represented | 190 |
to be a weapon of mass destruction was not a weapon of mass | 191 |
destruction. | 192 |
(2) Any act that is a violation of this section and any | 193 |
other section of the Revised Code may be prosecuted under this | 194 |
section, the other section, or both sections. | 195 |
(E) As used in this section, "economic harm"
| 196 |
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of mass destruction" have the same meanings as in section 2917.31 | 209 |
of the Revised Code. | 210 |
Sec. 2917.33. (A) No person, without privilege to do so, | 211 |
shall manufacture, possess, sell, deliver, display, use, threaten | 212 |
to use, attempt to use, conspire to use, or make readily | 213 |
accessible to others a hoax weapon of mass destruction with the | 214 |
intent to deceive or otherwise mislead one or more persons into | 215 |
believing that the hoax weapon of mass destruction will cause | 216 |
terror, bodily harm, or property damage. | 217 |
(B) This section does not apply to any member or employee of | 218 |
the armed forces of the United States, a governmental agency of | 219 |
this state, another state, or the United States, or a private | 220 |
entity, to whom all of the following apply: | 221 |
(1) The member or employee otherwise is engaged in lawful | 222 |
activity within the scope of the member's or employee's duties or | 223 |
employment. | 224 |
(2) The member or employee otherwise is duly authorized or | 225 |
licensed to manufacture, possess, sell, deliver, display, or | 226 |
otherwise engage in activity as described in division (A) of this | 227 |
section. | 228 |
(3) The member or employee is in compliance with applicable | 229 |
federal and state law. | 230 |
(C) Whoever violates this section is guilty of unlawful | 231 |
possession or use of a hoax weapon of mass destruction, a felony | 232 |
of the fourth degree. | 233 |
(D) Any act that is a violation of this section and any | 234 |
other section of the Revised Code may be prosecuted under this | 235 |
section, the other section, or both sections. | 236 |
(E) As used in this section: | 237 |
(1) "Hoax weapon of mass destruction" means any device or | 238 |
object that by its design, construction, content, or | 239 |
characteristics appears to be, appears to constitute, or appears | 240 |
to contain, or is represented as being, constituting, or | 241 |
containing, a weapon of mass destruction and to which either of | 242 |
the following applies: | 243 |
(a) It is, in fact, an inoperative facsimile, imitation, | 244 |
counterfeit, or representation of a weapon of mass destruction | 245 |
that does not meet the definition of a weapon of mass destruction. | 246 |
(b) It does not actually contain or constitute a weapon, | 247 |
biological agent, toxin, vector, or delivery system. | 248 |
(2) "Biological agent" means any microorganism, virus, | 249 |
infectious substance, or biological product that may be engineered | 250 |
through biotechnology, or any naturally occurring or bioengineered | 251 |
component of any microorganism, virus, infectious substance, or | 252 |
biological product that may be engineered through biotechnology, | 253 |
capable of causing any of the following: | 254 |
(a) Death, disease, or other biological malfunction in a | 255 |
human, an animal, a plant, or another living organism; | 256 |
(b) Deterioration of food, water, equipment, supplies, or | 257 |
material of any kind; | 258 |
(c) Deleterious alteration of the environment. | 259 |
(3) "Toxin" means the toxic material of plants, animals, | 260 |
microorganisms, viruses, fungi, or infectious substances or a | 261 |
recombinant molecule, whatever its origin or method of | 262 |
reproduction, including, but not limited to, any of the following: | 263 |
(a) Any poisonous substance or biological product that may | 264 |
be engineered through biotechnology and that is produced by a | 265 |
living organism; | 266 |
(b) Any poisonous isomer or biological product, homolog, or | 267 |
derivative of any substance or product described in division | 268 |
(D)(3)(a) of this section. | 269 |
(4) "Delivery system" means any of the following: | 270 |
(a) Any apparatus, equipment, device, or means of delivery | 271 |
specifically designed to deliver or disseminate a biological | 272 |
agent, toxin, or vector; | 273 |
(b) Any vector. | 274 |
(5) "Vector" means a living organism or molecule, including | 275 |
a recombinant molecule or biological product that may be | 276 |
engineered through biotechnology, capable of carrying a biological | 277 |
agent or toxin to a host. | 278 |
(6) "Weapon of mass destruction" has the same meaning as in | 279 |
section 2917.31 of the Revised Code. | 280 |
Section 2. That existing sections 2917.31 and 2917.32 of the | 281 |
Revised Code are hereby repealed. | 282 |