| (D)(1)(a) Whoever violates this section is guilty of | 32 |
|
felonious
assault. Except as otherwise provided in this division | 33 |
|
or division (D)(1)(b) of this section, felonious
assault is
a | 34 |
|
felony of
the second degree. If the victim of a
violation of | 35 |
division (A) of this section is a peace officer or, an | 36 |
|
investigator of the bureau of criminal identification and | 37 |
|
investigation, or a readily identifiable participant in a | 38 |
|
uniformed police volunteer program, felonious assault
is a
felony | 39 |
|
of the first
degree.
| 40 |
| (b) Regardless of whether the felonious assault is a felony | 41 |
|
of the first or
second degree under division (D)(1)(a) of this | 42 |
|
section, if the offender also is
convicted of or pleads guilty to | 43 |
|
a specification as described in
section 2941.1423 of the Revised | 44 |
|
Code that was included in the
indictment, count in the | 45 |
|
indictment, or information charging the
offense, except as | 46 |
|
otherwise provided in this division or unless a longer prison term | 47 |
|
is required under any other provision of law, the court
shall | 48 |
|
sentence the offender to a mandatory prison term as provided
in | 49 |
|
division (D)(8) of section 2929.14 of the Revised Code. If the | 50 |
victim of the offense is a peace officer or, an investigator
of | 51 |
|
the bureau of criminal identification and investigation, or a | 52 |
|
readily identifiable participant in a uniformed police volunteer | 53 |
|
program,
and if
the victim suffered
serious physical harm as a | 54 |
|
result of
the
commission of the offense, felonious
assault is a | 55 |
|
felony of
the
first degree, and the court, pursuant to division | 56 |
|
(F) of
section
2929.13 of the Revised Code, shall impose as a | 57 |
|
mandatory
prison
term one of the prison terms prescribed for a | 58 |
|
felony of the
first
degree. | 59 |
| (2) In addition to any other sanctions imposed pursuant to | 60 |
|
division (D)(1) of this section for felonious assault committed in | 61 |
|
violation of division (A)(2) of this section, if the deadly weapon | 62 |
|
used in the commission of the violation is a motor vehicle, the | 63 |
|
court shall impose upon the offender a class two suspension of the | 64 |
|
offender's driver's license, commercial driver's license, | 65 |
|
temporary instruction permit, probationary license, or nonresident | 66 |
|
operating privilege as specified in division (A)(2) of section | 67 |
|
4510.02 of the Revised Code. | 68 |
| (4) "Sexual conduct" has the same meaning as in section | 76 |
|
2907.01 of the Revised Code,
except that, as used in this section, | 77 |
|
it does not include the insertion of an
instrument, apparatus, or | 78 |
|
other object that is not a part of the body into the
vaginal or | 79 |
|
anal opening of another, unless the offender knew at the time of | 80 |
|
the
insertion that the instrument, apparatus, or other object | 81 |
|
carried the
offender's bodily fluid. | 82 |
| (7) "Uniformed police volunteer program" means a law | 92 |
|
enforcement
volunteer program that is registered with the | 93 |
|
volunteers in police
service program that is administered by the | 94 |
|
international
association of chiefs of police on behalf of the | 95 |
|
United States
department of justice and that is formed in | 96 |
|
affiliation or
association with, and trained by, a law | 97 |
|
enforcement agency to
observe activities within a neighborhood, | 98 |
|
to report the
volunteers' observations to the law enforcement | 99 |
|
agency, and to
take other actions intended to reduce crime in the | 100 |
|
neighborhood. | 101 |
| (B) Whoever violates this section is guilty of aggravated | 121 |
|
assault. Except as otherwise provided in this division, | 122 |
|
aggravated assault is a felony of the fourth degree. If the victim | 123 |
of the
offense is a peace officer or, an investigator of the | 124 |
|
bureau
of criminal identification and investigation, or a readily | 125 |
|
identifiable participant in a uniformed police volunteer program, | 126 |
|
aggravated assault
is a felony of the third
degree. Regardless of | 127 |
|
whether the offense
is a felony of the third or fourth degree | 128 |
|
under this division, if
the offender also is convicted of or | 129 |
|
pleads guilty to a
specification as described in section | 130 |
|
2941.1423 of the Revised
Code that was included in the | 131 |
|
indictment, count in the indictment,
or information charging the | 132 |
|
offense, except as otherwise provided
in this division, the court | 133 |
|
shall sentence the offender to a
mandatory prison term as | 134 |
|
provided in division (D)(8) of section
2929.14 of the Revised | 135 |
Code. If the victim of the offense is a
peace officer or, an | 136 |
|
investigator of the bureau of criminal
identification and | 137 |
|
investigation, or a readily identifiable participant in a | 138 |
|
uniformed police volunteer program, and if the
victim suffered | 139 |
|
serious physical
harm as a result of the commission of the | 140 |
|
offense, aggravated
assault is a felony of the third degree, and | 141 |
|
the court,
pursuant
to division (F) of section 2929.13 of the | 142 |
|
Revised
Code, shall
impose as a mandatory prison term one of the | 143 |
|
prison terms
prescribed for a felony of the third degree. | 144 |
| (C) Whoever violates this section is guilty of assault, and | 159 |
|
the court shall sentence the offender as provided in this division | 160 |
|
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 161 |
|
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or | 162 |
|
(5) of
this section, assault is a
misdemeanor of the first
degree. | 163 |
| (1) Except as otherwise provided in this division, if the | 164 |
|
offense is committed by a caretaker against a
functionally | 165 |
|
impaired person under the caretaker's care, assault is
a felony
of | 166 |
|
the fourth degree. If the offense is committed by a caretaker | 167 |
|
against a functionally impaired person under the caretaker's care, | 168 |
|
if the
offender previously has been convicted of or pleaded guilty | 169 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 170 |
|
the
Revised Code, and if in relation to the previous conviction | 171 |
|
the
offender was a caretaker and the victim was a functionally | 172 |
|
impaired person under the offender's care, assault is a felony of | 173 |
|
the third degree. | 174 |
| (a) The offense occurs in or on the grounds of a state | 177 |
|
correctional institution or an institution of the department of | 178 |
|
youth services, the victim of the offense is an employee of the | 179 |
|
department of rehabilitation and correction, the department of | 180 |
|
youth services, or a probation department or is on the premises
of | 181 |
|
the particular institution for business purposes or as a
visitor, | 182 |
|
and the offense is committed by a person incarcerated in
the state | 183 |
|
correctional institution, by a person institutionalized in
the | 184 |
|
department of youth services institution pursuant to a
commitment | 185 |
|
to the department of youth services, by a
parolee,
by an offender | 186 |
|
under transitional
control, under
a community
control sanction, or | 187 |
|
on an escorted visit, by a person under
post-release control,
or | 188 |
|
by an
offender under any other type of
supervision by a government | 189 |
|
agency. | 190 |
| (b) The offense occurs in or on the grounds of a local | 191 |
|
correctional facility, the victim of the offense is an employee
of | 192 |
|
the local correctional facility or a probation department or
is on | 193 |
|
the premises of the facility for business purposes or as a | 194 |
|
visitor, and the offense is committed by a person who is under | 195 |
|
custody in the facility subsequent to the person's arrest for any | 196 |
|
crime or
delinquent act, subsequent to the person's being charged | 197 |
|
with or
convicted
of any crime, or subsequent to the person's | 198 |
|
being alleged to be or
adjudicated a delinquent child. | 199 |
| (c) The offense occurs off the grounds of a state | 200 |
|
correctional institution and off the grounds of an institution of | 201 |
|
the department of youth services, the victim of the offense is an | 202 |
|
employee of the department of rehabilitation and correction, the | 203 |
|
department of youth services, or a probation department, the | 204 |
|
offense occurs during the employee's official work hours and
while | 205 |
|
the employee is engaged in official work responsibilities, and
the | 206 |
|
offense is committed by a person incarcerated in a state | 207 |
|
correctional institution or institutionalized in the department
of | 208 |
|
youth services who temporarily is outside of the institution
for | 209 |
|
any purpose, by a
parolee,
by an offender under
transitional | 210 |
|
control, under a
community control sanction, or on an
escorted | 211 |
|
visit, by a person under
post-release control, or by an
offender | 212 |
|
under any other type of supervision by
a government
agency. | 213 |
| (d) The offense occurs off the grounds of a local | 214 |
|
correctional facility, the victim of the offense is an employee
of | 215 |
|
the local correctional facility or a probation department, the | 216 |
|
offense occurs during the employee's official work hours and
while | 217 |
|
the employee is engaged in official work responsibilities, and
the | 218 |
|
offense is committed by a person who is under custody in the | 219 |
|
facility subsequent to the person's arrest for any crime or | 220 |
|
delinquent
act, subsequent to the person being charged with or | 221 |
|
convicted of any
crime, or subsequent to the person being alleged | 222 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 223 |
|
outside of the facility
for any purpose or by a
parolee, by an | 224 |
|
offender under
transitional control, under a
community
control | 225 |
|
sanction, or on an escorted visit, by a person
under post-release | 226 |
|
control, or by an offender under any other type
of supervision by | 227 |
|
a government
agency. | 228 |
| (e) The victim of the offense is a school teacher or | 229 |
|
administrator or a
school bus operator, and the offense occurs in | 230 |
|
a school, on school premises,
in a school
building, on a school | 231 |
|
bus, or while the victim is outside of school premises
or a school | 232 |
|
bus and is engaged in duties or official
responsibilities | 233 |
|
associated with the victim's employment or position
as a school | 234 |
|
teacher or
administrator or a school bus operator, including, but | 235 |
|
not limited to,
driving, accompanying, or chaperoning students at | 236 |
|
or on class or field trips,
athletic events, or other school | 237 |
|
extracurricular activities or functions
outside of school | 238 |
|
premises. | 239 |
| (3) If the victim of the offense is a peace officer or an | 240 |
|
investigator of the bureau of criminal identification and | 241 |
|
investigation, a
firefighter, or a person performing emergency | 242 |
|
medical service,
while in the performance of their official | 243 |
|
duties, or is a readily identifiable participant in a uniformed | 244 |
|
police volunteer program, assault is a
felony of the fourth | 245 |
|
degree. | 246 |
(4) If the victim of the offense is a peace officer or, an | 247 |
|
investigator of the bureau of criminal identification and | 248 |
|
investigation, or a readily identifiable participant in a | 249 |
|
uniformed police volunteer program and if
the victim
suffered | 250 |
|
serious physical harm
as
a result of the
commission of the | 251 |
|
offense,
assault is a felony
of
the fourth
degree, and the | 252 |
|
court, pursuant to division
(F) of
section 2929.13
of the Revised | 253 |
|
Code, shall
impose as a mandatory
prison term one
of the prison | 254 |
|
terms prescribed for a
felony of the
fourth degree
that is at | 255 |
|
least twelve months in duration. | 256 |
| (5) If the victim of the offense is an officer or employee
of | 257 |
|
a public
children services agency or a private child placing | 258 |
|
agency and the offense
relates to the officer's or employee's | 259 |
|
performance or anticipated performance
of official | 260 |
|
responsibilities or duties, assault is either a felony of the | 261 |
|
fifth degree
or, if the offender previously has been convicted of | 262 |
|
or pleaded guilty
to an offense of violence, the victim of that | 263 |
|
prior offense was an officer or
employee of a public children | 264 |
|
services agency or private child placing agency,
and that prior | 265 |
|
offense related to the officer's or employee's performance or | 266 |
|
anticipated performance of official responsibilities or duties, a | 267 |
|
felony of
the fourth degree. | 268 |
| (6) If an offender who is convicted of or pleads guilty to | 269 |
|
assault when it is a misdemeanor also is convicted of or pleads | 270 |
|
guilty to a specification as described in section 2941.1423 of the | 271 |
|
Revised Code that was included in the indictment, count in the | 272 |
|
indictment, or information charging the offense, the court shall | 273 |
|
sentence the offender to a mandatory jail term as provided in | 274 |
|
division (G) of section 2929.24 of the Revised Code. | 275 |
| If an offender who is convicted of or pleads guilty to | 276 |
|
assault when it is a felony also is convicted of or pleads guilty | 277 |
|
to a specification as described in section 2941.1423 of the | 278 |
|
Revised Code that was included in the indictment, count in the | 279 |
|
indictment, or information charging the offense, except as | 280 |
|
otherwise provided in division (C)(4) of this section, the court | 281 |
|
shall
sentence the offender to a mandatory prison term as | 282 |
|
provided in
division (D)(8) of section 2929.14 of the Revised | 283 |
|
Code. | 284 |
| (4) "Local correctional facility" means a county, | 292 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 293 |
|
jail or workhouse, a minimum security
jail established under | 294 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 295 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 296 |
|
facility used for the
custody of persons arrested for any crime or | 297 |
|
delinquent act,
persons charged with or convicted of any crime, or | 298 |
|
persons
alleged to be or adjudicated a delinquent child. | 299 |