SENATORS Austria, Amstutz, Jacobson, Spada, Harris, Mumper, Randy Gardner, Prentiss, Miller, DiDonato, Fedor

To amend section 2903.211 of the Revised Code to

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expand menacing by stalking to prohibit the

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posting of a computer-related message with intent

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to urge or incite a person to illegally stalk

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another, to specifically include electronic

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communication and telecommunication as a pattern

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of conduct under the crime, and to clarify the

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nature of the mental distress that constitutes an

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element of the crime.

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

Section 1. That section 2903.211 of the Revised Code be	10
amended to read as follows:	11

Sec. 2903.211.  (A)(1) No person by engaging in a pattern of	12
conduct shall knowingly cause another person to believe that the	13
offender will cause physical harm to the other person or cause	14
mental distress to the other person.	15

(2) No person, through the use of any computer, computer	16
network, computer program, or computer system, shall post a	17
message with purpose to urge or incite another to commit a	18
violation of division (A)(1) of this section.	19

(B) Whoever violates this section is guilty of menacing by	20
stalking.	21

(1) Except as otherwise provided in divisions (B)(2) and (3)	22
of this section, menacing by stalking is a misdemeanor of the	23
first degree.	24

(2) Menacing by stalking is a felony of the fourth degree if	25
any of the following applies:	26

(a) The offender previously has been convicted of or pleaded	27
guilty to a violation of this section or a violation of section	28
2911.211 of the Revised Code.	29

(b) In committing the offense under division (A)(1) or (2) of	30
this section, the offender made a threat of physical harm to or	31
against the victim, or as a result of an offense committed under	32
division (A)(2) of this section, a third person induced by the	33
offender's posted message made a threat of physical harm to or	34
against the victim.	35

(c) In committing the offense under division (A)(1) or (2) of	36
this section, the offender trespassed on the land or premises	37
where the victim lives, is employed, or attends school, or as a	38
result of an offense committed under division (A)(2) of this	39
section, a third person induced by the offender's posted message	40
trespassed on the land or premises where the victim lives, is	41
employed, or attends school.	42

(d) The victim of the offense is a minor.

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(e) The offender has a history of violence toward the victim	44
or any other person or a history of other violent acts toward the	45
victim or any other person.	46

(f) While committing the offense under division (A)(1) of	47
this section, the offender had a deadly weapon on or about the	48
offender's person or under the offender's control. Division	49
(B)(2)(f) of this section does not apply in determining the	50
penalty for a violation of division (A)(2) of this section.	51

(g) At the time of the commission of the offense, the	52
offender was the subject of a protection order issued under	53
section 2903.213 or 2903.214 of the Revised Code, regardless of	54
whether the person to be protected under the order is the victim	55
of the offense or another person.	56

(h) In committing the offense under division (A)(1) or (2) of	57
this section, the offender caused serious physical harm to the	58
premises at which the victim resides, to the real property on	59
which that premises is located, or to any personal property	60
located on that premises, or as a result of an offense committed	61
under division (A)(2) of this section, a third person induced by	62
the offender's posted message caused serious physical harm to that	63
premises, that real property, or any personal property on that	64
premises.	65

(i) Prior to committing the offense, the offender had been	66
determined to represent a substantial risk of physical harm to	67
others as manifested by evidence of then-recent homicidal or other	68
violent behavior, evidence of then-recent threats that placed	69
another in reasonable fear of violent behavior and serious	70
physical harm, or other evidence of then-present dangerousness.	71

(3) If the victim of the offense is an officer or employee of	72
a public children services agency or a private child placing	73
agency and the offense relates to the officer's or employee's	74
performance or anticipated performance of official	75
responsibilities or duties, menacing by stalking is either a	76
felony of the fifth degree or, if the offender previously has been	77
convicted of or pleaded guilty to an offense of violence, the	78
victim of that prior offense was an officer or employee of a	79
public children services agency or private child placing agency,	80
and that prior offense related to the officer's or employee's	81
performance or anticipated performance of official	82
responsibilities or duties, a felony of the fourth degree.	83

(C) Section 2919.271 of the Revised Code applies in relation	84
to a defendant charged with a violation of this section.	85

(D) As used in this section:

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(1) "Pattern of conduct" means two or more actions or	87
incidents closely related in time, whether or not there has been a	88
prior conviction based on any of those actions or incidents.	89
Actions or incidents that prevent, obstruct, or delay the	90
performance by a public official, firefighter, rescuer, emergency	91
medical services person, or emergency facility person of any	92
authorized act within the public official's, firefighter's,	93
rescuer's, emergency medical services person's, or emergency	94
facility person's official capacity, or the posting of messages	95
through the use of a computer, computer network, computer program,	96
computer system, or telecommunications device, may constitute a	97
"pattern of conduct."	98

(2) "Mental distress" means any of the following:

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(a) Any mental illness or condition that involves some	100
temporary substantial incapacity or;	101

(b) Any mental illness or condition that would normally	102
require psychiatric treatment, whether or not any person requested	103
or received psychiatric treatment.	104

(3) "Emergency medical services person" is the singular of	105
"emergency medical services personnel" as defined in section	106
2133.21 of the Revised Code.	107

(4) "Emergency facility person" is the singular of "emergency	108
facility personnel" as defined in section 2909.04 of the Revised	109
Code.	110

(5) "Public official" has the same meaning as in section	111
2921.01 of the Revised Code.	112

(6) "Computer," "computer network," "computer program,"	113
"computer system," and "telecommunications device" have the same	114
meanings as in section 2913.01 of the Revised Code.	115

(7) "Post a message" means transferring, sending, posting,	116
publishing, disseminating, or otherwise communicating, or	117
attempting to transfer, send, post, publish, disseminate, or	118
otherwise communicate, any message or information, whether	119
truthful or untruthful, about an individual, and whether done	120
under one's own name, under the name of another, or while	121
impersonating another.	122

(8) "Third person" means, in relation to conduct as described	123
in division (A)(2) of this section, an individual who is neither	124
the offender nor the victim of the conduct.	125

(E) The state does not need to prove in a prosecution under	126
this section that a person requested or received psychiatric	127
treatment in order to show that the person was caused mental	128
distress as described in division (D)(2)(b) of this section.	129

Section 2. That existing section 2903.211 of the Revised Code	130
is hereby repealed.	131