(C) Whoever violates this section is guilty of assault, and | 13 |
the court shall sentence the offender as provided in this division | 14 |
and divisions (C)(1), (2), (3), (4), (5), and (6), and (7) of this | 15 |
section. Except as otherwise provided in division (C)(1), (2), | 16 |
(3), (4),
or (5), or (6) of this section, assault is a misdemeanor | 17 |
of the first degree. | 18 |
(1) Except as otherwise provided in this division, if the | 19 |
offense is committed by a caretaker against a functionally | 20 |
impaired person under the caretaker's care, assault is a felony of | 21 |
the fourth degree. If the offense is committed by a caretaker | 22 |
against a functionally impaired person under the caretaker's care, | 23 |
if the offender previously has been convicted of or pleaded guilty | 24 |
to a violation of this section or section 2903.11 or 2903.16 of | 25 |
the Revised Code, and if in relation to the previous conviction | 26 |
the offender was a caretaker and the victim was a functionally | 27 |
impaired person under the offender's care, assault is a felony of | 28 |
the third degree. | 29 |
(a) The offense occurs in or on the grounds of a state | 32 |
correctional institution or an institution of the department of | 33 |
youth services, the victim of the offense is an employee of the | 34 |
department of rehabilitation and correction, the department of | 35 |
youth services, or a probation department or is on the premises of | 36 |
the particular institution for business purposes or as a visitor, | 37 |
and the offense is committed by a person incarcerated in the state | 38 |
correctional institution, by a person institutionalized in the | 39 |
department of youth services institution pursuant to a commitment | 40 |
to the department of youth services, by a parolee, by an offender | 41 |
under transitional control, under a community control sanction, or | 42 |
on an escorted visit, by a person under post-release control, or | 43 |
by an offender under any other type of supervision by a government | 44 |
agency. | 45 |
(b) The offense occurs in or on the grounds of a local | 46 |
correctional facility, the victim of the offense is an employee of | 47 |
the local correctional facility or a probation department or is on | 48 |
the premises of the facility for business purposes or as a | 49 |
visitor, and the offense is committed by a person who is under | 50 |
custody in the facility subsequent to the person's arrest for any | 51 |
crime or delinquent act, subsequent to the person's being charged | 52 |
with or convicted of any crime, or subsequent to the person's | 53 |
being alleged to be or adjudicated a delinquent child. | 54 |
(c) The offense occurs off the grounds of a state | 55 |
correctional institution and off the grounds of an institution of | 56 |
the department of youth services, the victim of the offense is an | 57 |
employee of the department of rehabilitation and correction, the | 58 |
department of youth services, or a probation department, the | 59 |
offense occurs during the employee's official work hours and while | 60 |
the employee is engaged in official work responsibilities, and the | 61 |
offense is committed by a person incarcerated in a state | 62 |
correctional institution or institutionalized in the department of | 63 |
youth services who temporarily is outside of the institution for | 64 |
any purpose, by a parolee, by an offender under transitional | 65 |
control, under a community control sanction, or on an escorted | 66 |
visit, by a person under post-release control, or by an offender | 67 |
under any other type of supervision by a government agency. | 68 |
(d) The offense occurs off the grounds of a local | 69 |
correctional facility, the victim of the offense is an employee of | 70 |
the local correctional facility or a probation department, the | 71 |
offense occurs during the employee's official work hours and while | 72 |
the employee is engaged in official work responsibilities, and the | 73 |
offense is committed by a person who is under custody in the | 74 |
facility subsequent to the person's arrest for any crime or | 75 |
delinquent act, subsequent to the person being charged with or | 76 |
convicted of any crime, or subsequent to the person being alleged | 77 |
to be or adjudicated a delinquent child and who temporarily is | 78 |
outside of the facility for any purpose or by a parolee, by an | 79 |
offender under transitional control, under a community control | 80 |
sanction, or on an escorted visit, by a person under post-release | 81 |
control, or by an offender under any other type of supervision by | 82 |
a government agency. | 83 |
(e) The victim of the offense is a school teacher or | 84 |
administrator or a school bus operator, and the offense occurs in | 85 |
a school, on school premises, in a school building, on a school | 86 |
bus, or while the victim is outside of school premises or a school | 87 |
bus and is engaged in duties or official responsibilities | 88 |
associated with the victim's employment or position as a school | 89 |
teacher or administrator or a school bus operator, including, but | 90 |
not limited to, driving, accompanying, or chaperoning students at | 91 |
or on class or field trips, athletic events, or other school | 92 |
extracurricular activities or functions outside of school | 93 |
premises. | 94 |
(4) If the victim of the offense is a peace officer or an | 100 |
investigator of the bureau of criminal identification and | 101 |
investigation and if the victim suffered serious physical harm as | 102 |
a result of the commission of the offense, assault is a felony of | 103 |
the fourth degree, and the court, pursuant to division (F) of | 104 |
section 2929.13 of the Revised Code, shall impose as a mandatory | 105 |
prison term one of the prison terms prescribed for a felony of the | 106 |
fourth degree that is at least twelve months in duration. | 107 |
(5) If the victim of the offense is an officer or employee of | 108 |
a public children services agency or a private child placing | 109 |
agency and the offense relates to the officer's or employee's | 110 |
performance or anticipated performance of official | 111 |
responsibilities or duties, assault is either a felony of the | 112 |
fifth degree or, if the offender previously has been convicted of | 113 |
or pleaded guilty to an offense of violence, the victim of that | 114 |
prior offense was an officer or employee of a public children | 115 |
services agency or private child placing agency, and that prior | 116 |
offense related to the officer's or employee's performance or | 117 |
anticipated performance of official responsibilities or duties, a | 118 |
felony of the fourth degree. | 119 |
(7) If an offender who is convicted of or pleads guilty to | 124 |
assault when it is a misdemeanor also is convicted of or pleads | 125 |
guilty to a specification as described in section 2941.1423 of the | 126 |
Revised Code that was included in the indictment, count in the | 127 |
indictment, or information charging the offense, the court shall | 128 |
sentence the offender to a mandatory jail term as provided in | 129 |
division (G) of section 2929.24 of the Revised Code. | 130 |
If an offender who is convicted of or pleads guilty to | 131 |
assault when it is a felony also is convicted of or pleads guilty | 132 |
to a specification as described in section 2941.1423 of the | 133 |
Revised Code that was included in the indictment, count in the | 134 |
indictment, or information charging the offense, except as | 135 |
otherwise provided in division (C)(4) of this section, the court | 136 |
shall sentence the offender to a mandatory prison term as provided | 137 |
in division (D)(8) of section 2929.14 of the Revised Code. | 138 |
(4) "Local correctional facility" means a county, | 146 |
multicounty, municipal, municipal-county, or multicounty-municipal | 147 |
jail or workhouse, a minimum security jail established under | 148 |
section 341.23 or 753.21 of the Revised Code, or another county, | 149 |
multicounty, municipal, municipal-county, or multicounty-municipal | 150 |
facility used for the custody of persons arrested for any crime or | 151 |
delinquent act, persons charged with or convicted of any crime, or | 152 |
persons alleged to be or adjudicated a delinquent child. | 153 |
(12) "Health care worker" means an individual, other than an | 195 |
individual identified in division (D)(11) of this section, who | 196 |
provides medical or other health-related care or treatment in a | 197 |
hospital, including a medical technician, medical assistant, | 198 |
orderly, aide, or individual acting in a similar capacity. | 199 |