| (1) Except as otherwise provided in this division, if the | 14 |
|
offense is committed by a caretaker against a
functionally | 15 |
|
impaired person under the caretaker's care, assault is
a felony
of | 16 |
|
the fourth degree. If the offense is committed by a caretaker | 17 |
|
against a functionally impaired person under the caretaker's care, | 18 |
|
if the
offender previously has been convicted of or pleaded guilty | 19 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 20 |
|
the
Revised Code, and if in relation to the previous conviction | 21 |
|
the
offender was a caretaker and the victim was a functionally | 22 |
|
impaired person under the offender's care, assault is a felony of | 23 |
|
the third degree. | 24 |
| (a) The offense occurs in or on the grounds of a state | 27 |
|
correctional institution or an institution of the department of | 28 |
|
youth services, the victim of the offense is an employee of the | 29 |
|
department of rehabilitation and correction, the department of | 30 |
|
youth services, or a probation department or is on the premises
of | 31 |
|
the particular institution for business purposes or as a
visitor, | 32 |
|
and the offense is committed by a person incarcerated in
the state | 33 |
|
correctional institution, by a person institutionalized in
the | 34 |
|
department of youth services institution pursuant to a
commitment | 35 |
|
to the department of youth services, by a
parolee,
by an offender | 36 |
| under transitional
control, under
a community
control sanction, or | 37 |
| on an escorted visit, by a person under
post-release control,
or | 38 |
| by an
offender under any other type of
supervision by a government | 39 |
| agency. | 40 |
| (b) The offense occurs in or on the grounds of a local | 41 |
|
correctional facility, the victim of the offense is an employee
of | 42 |
|
the local correctional facility or a probation department or
is on | 43 |
|
the premises of the facility for business purposes or as a | 44 |
|
visitor, and the offense is committed by a person who is under | 45 |
|
custody in the facility subsequent to the person's arrest for any | 46 |
|
crime or
delinquent act, subsequent to the person's being charged | 47 |
|
with or
convicted
of any crime, or subsequent to the person's | 48 |
|
being alleged to be or
adjudicated a delinquent child. | 49 |
| (c) The offense occurs off the grounds of a state | 50 |
|
correctional institution and off the grounds of an institution of | 51 |
|
the department of youth services, the victim of the offense is an | 52 |
|
employee of the department of rehabilitation and correction, the | 53 |
|
department of youth services, or a probation department, the | 54 |
|
offense occurs during the employee's official work hours and
while | 55 |
|
the employee is engaged in official work responsibilities, and
the | 56 |
|
offense is committed by a person incarcerated in a state | 57 |
|
correctional institution or institutionalized in the department
of | 58 |
|
youth services who temporarily is outside of the institution
for | 59 |
|
any purpose, by a
parolee,
by an offender under
transitional | 60 |
| control, under a
community control sanction, or on an
escorted | 61 |
| visit, by a person under
post-release control, or by an
offender | 62 |
| under any other type of supervision by
a government
agency. | 63 |
| (d) The offense occurs off the grounds of a local | 64 |
|
correctional facility, the victim of the offense is an employee
of | 65 |
|
the local correctional facility or a probation department, the | 66 |
|
offense occurs during the employee's official work hours and
while | 67 |
|
the employee is engaged in official work responsibilities, and
the | 68 |
|
offense is committed by a person who is under custody in the | 69 |
|
facility subsequent to the person's arrest for any crime or | 70 |
|
delinquent
act, subsequent to the person being charged with or | 71 |
|
convicted of any
crime, or subsequent to the person being alleged | 72 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 73 |
|
outside of the facility
for any purpose or by a
parolee, by an | 74 |
| offender under
transitional control, under a
community
control | 75 |
| sanction, or on an escorted visit, by a person
under post-release | 76 |
|
control, or by an offender under any other type
of supervision by | 77 |
| a government
agency. | 78 |
| (e) The victim of the offense is a school teacher or | 79 |
|
administrator or a
school bus operator, and the offense occurs in | 80 |
|
a school, on school premises,
in a school
building, on a school | 81 |
|
bus, or while the victim is outside of school premises
or a school | 82 |
|
bus and is engaged in duties or official
responsibilities | 83 |
|
associated with the victim's employment or position
as a school | 84 |
|
teacher or
administrator or a school bus operator, including, but | 85 |
|
not limited to,
driving, accompanying, or chaperoning students at | 86 |
|
or on class or field trips,
athletic events, or other school | 87 |
|
extracurricular activities or functions
outside of school | 88 |
|
premises. | 89 |
| (4) If the victim of the offense is a peace officer or an | 97 |
| investigator of the bureau of criminal identification and | 98 |
| investigation and if
the victim
suffered serious physical harm as | 99 |
| a result of the
commission of the offense,
assault is a felony of | 100 |
| the fourth
degree, and the court, pursuant to division
(F) of | 101 |
| section 2929.13
of the Revised Code, shall
impose as a mandatory | 102 |
| prison term one
of the prison terms prescribed for a
felony of the | 103 |
| fourth degree
that is at least twelve months in duration. | 104 |
| (5) If the victim of the offense is an officer or employee
of | 105 |
| a public
children services agency or a private child placing | 106 |
|
agency and the offense
relates to the officer's or employee's | 107 |
|
performance or anticipated performance
of official | 108 |
|
responsibilities or duties, assault is either a felony of the | 109 |
|
fifth degree
or, if the offender previously has been convicted of | 110 |
|
or pleaded guilty
to an offense of violence, the victim of that | 111 |
|
prior offense was an officer or
employee of a public children | 112 |
|
services agency or private child placing agency,
and that prior | 113 |
|
offense related to the officer's or employee's performance or | 114 |
|
anticipated performance of official responsibilities or duties, a | 115 |
|
felony of
the fourth degree. | 116 |
| (4) "Local correctional facility" means a county, | 124 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 125 |
|
jail or workhouse, a minimum security
jail established under | 126 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 127 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 128 |
|
facility used for the
custody of persons arrested for any crime or | 129 |
|
delinquent act,
persons charged with or convicted of any crime, or | 130 |
|
persons
alleged to be or adjudicated a delinquent child. | 131 |
| (B) Whoever violates this section is guilty of aggravated | 161 |
|
menacing. Except as otherwise provided in this division, | 162 |
|
aggravated menacing is a misdemeanor of the first degree. If the | 163 |
|
victim of the offense is an officer or employee of a public | 164 |
|
children services agency or a private child placing agency and the | 165 |
|
offense
relates to the officer's or employee's performance or | 166 |
|
anticipated performance
of official responsibilities or duties, | 167 |
|
aggravated menacing is a felony of the
fifth degree
or, if the | 168 |
|
offender previously has been convicted of or pleaded guilty
to an | 169 |
|
offense of violence, the victim of that prior offense was an | 170 |
|
officer or
employee of a public children services agency or | 171 |
|
private child placing agency,
and that prior offense related to | 172 |
|
the officer's or employee's performance or
anticipated performance | 173 |
|
of official responsibilities or duties, a felony of
the fourth | 174 |
|
degree. If the offense occurs in a courthouse or another building | 175 |
| or structure in which a courtroom is located, aggravated menacing | 176 |
| is a felony of the fifth degree. | 177 |