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To amend section 2903.211 of the Revised Code to | 1 |
expand menacing by stalking to prohibit the | 2 |
posting of a computer-related message with intent | 3 |
to urge or incite a person to illegally stalk | 4 |
another, to specifically include electronic | 5 |
communication and telecommunication as a pattern | 6 |
of conduct under the crime, and to clarify the | 7 |
nature of the mental distress that constitutes an | 8 |
element of the crime. | 9 |
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 electronic method of | 16 |
remotely transferring information, including, but not limited to, | 17 |
any computer, computer network, computer program, or computer | 18 |
system, shall post a message with purpose to urge or incite | 19 |
another to commit a violation of division (A)(1) of this section. | 20 |
(B) Whoever violates this section is guilty of menacing by | 21 |
stalking. | 22 |
(1) Except as otherwise provided in divisions (B)(2) and (3) | 23 |
of this section, menacing by stalking is a misdemeanor of the | 24 |
first degree. | 25 |
(2) Menacing by stalking is a felony of the fourth degree if | 26 |
any of the following applies: | 27 |
(a) The offender previously has been convicted of or pleaded | 28 |
guilty to a violation of this section or a violation of section | 29 |
2911.211 of the Revised Code. | 30 |
(b) In committing the offense under division (A)(1) or (2) of | 31 |
this section, the offender made a threat of physical harm to or | 32 |
against the victim, or as a result of an offense committed under | 33 |
division (A)(2) of this section, a third person induced by the | 34 |
offender's posted message made a threat of physical harm to or | 35 |
against the victim. | 36 |
(c) In committing the offense under division (A)(1) or (2) of | 37 |
this section, the offender trespassed on the land or premises | 38 |
where the victim lives, is employed, or attends school, or as a | 39 |
result of an offense committed under division (A)(2) of this | 40 |
section, a third person induced by the offender's posted message | 41 |
trespassed on the land or premises where the victim lives, is | 42 |
employed, or attends school. | 43 |
(d) The victim of the offense is a minor. | 44 |
(e) The offender has a history of violence toward the victim | 45 |
or any other person or a history of other violent acts toward the | 46 |
victim or any other person. | 47 |
(f) While committing the offense under division (A)(1) of | 48 |
this section, the offender had a deadly weapon on or about the | 49 |
offender's person or under the offender's control. Division | 50 |
(B)(2)(f) of this section does not apply in determining the | 51 |
penalty for a violation of division (A)(2) of this section. | 52 |
(g) At the time of the commission of the offense, the | 53 |
offender was the subject of a protection order issued under | 54 |
section 2903.213 or 2903.214 of the Revised Code, regardless of | 55 |
whether the person to be protected under the order is the victim | 56 |
of the offense or another person. | 57 |
(h) In committing the offense under division (A)(1) or (2) of | 58 |
this section, the offender caused serious physical harm to the | 59 |
premises at which the victim resides, to the real property on | 60 |
which that premises is located, or to any personal property | 61 |
located on that premises, or as a result of an offense committed | 62 |
under division (A)(2) of this section, a third person induced by | 63 |
the offender's posted message caused serious physical harm to that | 64 |
premises, that real property, or any personal property on that | 65 |
premises. | 66 |
(i) Prior to committing the offense, the offender had been | 67 |
determined to represent a substantial risk of physical harm to | 68 |
others as manifested by evidence of then-recent homicidal or other | 69 |
violent behavior, evidence of then-recent threats that placed | 70 |
another in reasonable fear of violent behavior and serious | 71 |
physical harm, or other evidence of then-present dangerousness. | 72 |
(3) If the victim of the offense is an officer or employee of | 73 |
a public children services agency or a private child placing | 74 |
agency and the offense relates to the officer's or employee's | 75 |
performance or anticipated performance of official | 76 |
responsibilities or duties, menacing by stalking is either a | 77 |
felony of the fifth degree or, if the offender previously has been | 78 |
convicted of or pleaded guilty to an offense of violence, the | 79 |
victim of that prior offense was an officer or employee of a | 80 |
public children services agency or private child placing agency, | 81 |
and that prior offense related to the officer's or employee's | 82 |
performance or anticipated performance of official | 83 |
responsibilities or duties, a felony of the fourth degree. | 84 |
(C) Section 2919.271 of the Revised Code applies in relation | 85 |
to a defendant charged with a violation of this section. | 86 |
(D) As used in this section: | 87 |
(1) "Pattern of conduct" means two or more actions or | 88 |
incidents closely related in time, whether or not there has been a | 89 |
prior conviction based on any of those actions or incidents. | 90 |
Actions or incidents that prevent, obstruct, or delay the | 91 |
performance by a public official, firefighter, rescuer, emergency | 92 |
medical services person, or emergency facility person of any | 93 |
authorized act within the public official's, firefighter's, | 94 |
rescuer's, emergency medical services person's, or emergency | 95 |
facility person's official capacity, or the posting of messages or | 96 |
receipt of information or data through the use of an electronic | 97 |
method of remotely transferring information, including, but not | 98 |
limited to, a computer, computer network, computer program, | 99 |
computer system, or telecommunications device, may constitute a | 100 |
"pattern of conduct." | 101 |
(2) "Mental distress" means any of the following: | 102 |
(a) Any mental illness or condition that involves some | 103 |
temporary substantial incapacity
| 104 |
(b) Any mental illness or condition that would normally | 105 |
require psychiatric treatment, psychological treatment, or other | 106 |
mental health services, whether or not any person requested or | 107 |
received psychiatric treatment, psychological treatment, or other | 108 |
mental health services. | 109 |
(3) "Emergency medical services person" is the singular of | 110 |
"emergency medical services personnel" as defined in section | 111 |
2133.21 of the Revised Code. | 112 |
(4) "Emergency facility person" is the singular of "emergency | 113 |
facility personnel" as defined in section 2909.04 of the Revised | 114 |
Code. | 115 |
(5) "Public official" has the same meaning as in section | 116 |
2921.01 of the Revised Code. | 117 |
(6) "Computer," "computer network," "computer program," | 118 |
"computer system," and "telecommunications device" have the same | 119 |
meanings as in section 2913.01 of the Revised Code. | 120 |
(7) "Post a message" means transferring, sending, posting, | 121 |
publishing, disseminating, or otherwise communicating, or | 122 |
attempting to transfer, send, post, publish, disseminate, or | 123 |
otherwise communicate, any message or information, whether | 124 |
truthful or untruthful, about an individual, and whether done | 125 |
under one's own name, under the name of another, or while | 126 |
impersonating another. | 127 |
(8) "Third person" means, in relation to conduct as described | 128 |
in division (A)(2) of this section, an individual who is neither | 129 |
the offender nor the victim of the conduct. | 130 |
(E) The state does not need to prove in a prosecution under | 131 |
this section that a person requested or received psychiatric | 132 |
treatment, psychological treatment, or other mental health | 133 |
services in order to show that the person was caused mental | 134 |
distress as described in division (D)(2)(b) of this section. | 135 |
(F)(1) This section does not apply to a person solely because | 136 |
the person provided access or connection to or from an electronic | 137 |
method of remotely transferring information not under that | 138 |
person's control, including having provided capabilities that are | 139 |
incidental to providing access or connection to or from the | 140 |
electronic method of remotely transferring the information, and | 141 |
that do not include the creation of the content of the material | 142 |
that is the subject of the access or connection. In addition, any | 143 |
person providing access or connection to or from an electronic | 144 |
method of remotely transferring information not under that | 145 |
person's control shall not be liable for any action voluntarily | 146 |
taken in good faith to block the receipt or transmission through | 147 |
its service of any information that it believes is, or will be | 148 |
sent, in violation of this section. | 149 |
(2) Division (F)(1) of this section does not create an | 150 |
affirmative duty for any person providing access or connection to | 151 |
or from an electronic method of remotely transferring information | 152 |
not under that person's control to block the receipt or | 153 |
transmission through its service of any information that it | 154 |
believes is, or will be sent, in violation of this section except | 155 |
as otherwise provided by law. | 156 |
(3) Division (F)(1) of this section does not apply to a | 157 |
person who conspires with a person actively involved in the | 158 |
creation or knowing distribution of material in violation of this | 159 |
section or who knowingly advertises the availability of material | 160 |
of that nature. | 161 |
Section 2. That existing section 2903.211 of the Revised Code | 162 |
is hereby repealed. | 163 |