(1) "Public record" means records kept by any public office, | 16 |
including, but not limited to, state, county, city, village, | 17 |
township, and school district units, and records pertaining to the | 18 |
delivery of educational services by an alternative school in this | 19 |
state kept by the nonprofit or for-profit entity operating the | 20 |
alternative school pursuant to section 3313.533 of the Revised | 21 |
Code. "Public record" does not mean any of the following: | 22 |
(p) Peace officer, parole officer, probation officer, | 60 |
prosecuting attorney, assistant prosecuting attorney, correctional | 61 |
employee, youth services employee, firefighter, EMT, or | 62 |
investigator of the bureau of criminal identification and | 63 |
investigation residential and familial information; | 64 |
(s) Records provided to, statements made by review board | 72 |
members during meetings of, and all work products of a child | 73 |
fatality review board acting under sections 307.621 to 307.629 of | 74 |
the Revised Code, and child fatality review data submitted by the | 75 |
child fatality review board to the department of health or a | 76 |
national child death review database, other than the report | 77 |
prepared pursuant to division (A) of section 307.626 of the | 78 |
Revised Code; | 79 |
(5) "Intellectual property record" means a record, other than | 134 |
a financial or administrative record, that is produced or | 135 |
collected by or for faculty or staff of a state institution of | 136 |
higher learning in the conduct of or as a result of study or | 137 |
research on an educational, commercial, scientific, artistic, | 138 |
technical, or scholarly issue, regardless of whether the study or | 139 |
research was sponsored by the institution alone or in conjunction | 140 |
with a governmental body or private concern, and that has not been | 141 |
publicly released, published, or patented. | 142 |
(7) "Peace officer, parole officer, probation officer, | 147 |
prosecuting attorney, assistant prosecuting attorney, correctional | 148 |
employee, youth services employee, firefighter, EMT, or | 149 |
investigator of the bureau of criminal identification and | 150 |
investigation residential and familial information" means any | 151 |
information that discloses any of the following about a peace | 152 |
officer, parole officer,
probation officer, prosecuting attorney, | 153 |
assistant prosecuting attorney, correctional employee, youth | 154 |
services employee, firefighter, EMT, or investigator of the bureau | 155 |
of criminal identification and investigation: | 156 |
(a) The address of the actual personal residence of a peace | 157 |
officer, parole officer, probation officer, assistant prosecuting | 158 |
attorney, correctional employee, youth services employee, | 159 |
firefighter, EMT, or an investigator of the bureau of criminal | 160 |
identification and investigation, except for the state or | 161 |
political subdivision in which the peace officer, parole officer, | 162 |
probation officer, assistant prosecuting attorney, correctional | 163 |
employee, youth services employee, firefighter, EMT, or | 164 |
investigator of the bureau of criminal identification and | 165 |
investigation resides; | 166 |
(c) The social security number, the residential telephone | 169 |
number, any bank account, debit card, charge card, or credit card | 170 |
number, or the emergency telephone number of, or any medical | 171 |
information pertaining to, a peace officer, parole officer, | 172 |
probation officer, prosecuting attorney, assistant prosecuting | 173 |
attorney, correctional employee, youth services employee, | 174 |
firefighter, EMT, or investigator of the bureau of criminal | 175 |
identification and investigation; | 176 |
(d) The name of any beneficiary of employment benefits, | 177 |
including, but not limited to, life insurance benefits, provided | 178 |
to a peace officer, parole officer, probation officer, prosecuting | 179 |
attorney, assistant prosecuting attorney, correctional employee, | 180 |
youth services employee, firefighter, EMT, or investigator of the | 181 |
bureau of criminal identification and investigation by the peace | 182 |
officer's, parole officer's, probation officer's, prosecuting | 183 |
attorney's, assistant prosecuting attorney's, correctional | 184 |
employee's, youth services employee's, firefighter's, EMT's, or | 185 |
investigator of the bureau of criminal identification and | 186 |
investigation's employer; | 187 |
(e) The identity and amount of any charitable or employment | 188 |
benefit deduction made by the peace officer's, parole officer's, | 189 |
probation officer's, prosecuting attorney's, assistant prosecuting | 190 |
attorney's, correctional employee's, youth services employee's, | 191 |
firefighter's, EMT's, or investigator of the bureau of criminal | 192 |
identification and investigation's employer from the peace | 193 |
officer's, parole officer's,
probation officer's, prosecuting | 194 |
attorney's, assistant prosecuting attorney's, correctional | 195 |
employee's, youth services employee's, firefighter's, EMT's, or | 196 |
investigator of the bureau of criminal identification and | 197 |
investigation's compensation unless the amount of the deduction is | 198 |
required by state or federal law; | 199 |
(f) The name, the residential address, the name of the | 200 |
employer, the address of the employer, the social security number, | 201 |
the residential telephone number, any bank account, debit card, | 202 |
charge card, or credit card number, or the emergency telephone | 203 |
number of the spouse, a former spouse, or any child of a peace | 204 |
officer, parole officer, probation officer, prosecuting attorney, | 205 |
assistant prosecuting attorney, correctional employee, youth | 206 |
services employee, firefighter, EMT, or investigator of the bureau | 207 |
of criminal identification and investigation; | 208 |
As used in divisions (A)(7) and (B)(9) of this section, | 213 |
"peace officer" has the same meaning as in section 109.71 of the | 214 |
Revised Code and also includes the superintendent and troopers of | 215 |
the state highway patrol; it does not include the sheriff of a | 216 |
county or a supervisory employee who, in the absence of the | 217 |
sheriff, is authorized to stand in for, exercise the authority of, | 218 |
and perform the duties of the sheriff. | 219 |
(B)(1) Upon request and subject to division (B)(8) of this | 272 |
section, all public records responsive to the request shall be | 273 |
promptly prepared and made available for inspection to any person | 274 |
at all reasonable times during regular business hours. Subject to | 275 |
division (B)(8) of this section, upon request, a public office or | 276 |
person responsible for public records shall make copies of the | 277 |
requested public record available at cost and within a reasonable | 278 |
period of time. If a public record contains information that is | 279 |
exempt from the duty to permit public inspection or to copy the | 280 |
public record, the public office or the person responsible for the | 281 |
public record shall make available all of the information within | 282 |
the public record that is not exempt. When making that public | 283 |
record available for public inspection or copying that public | 284 |
record, the public office or the person responsible for the public | 285 |
record shall notify the requester of any redaction or make the | 286 |
redaction plainly visible. A redaction shall be deemed a denial of | 287 |
a request to inspect or copy the redacted information, except if | 288 |
federal or state law authorizes or requires a public office to | 289 |
make the redaction. | 290 |
(2) To facilitate broader access to public records, a public | 291 |
office or the person responsible for public records shall organize | 292 |
and maintain public records in a manner that they can be made | 293 |
available for inspection or copying in accordance with division | 294 |
(B) of this section. A public office also shall have available a | 295 |
copy of its current records retention schedule at a location | 296 |
readily available to the public. If a requester makes an ambiguous | 297 |
or overly broad request or has difficulty in making a request for | 298 |
copies or inspection of public records under this section such | 299 |
that the public office or the person responsible for the requested | 300 |
public record cannot reasonably identify what public records are | 301 |
being requested, the public office or the person responsible for | 302 |
the requested public record may deny the request but shall provide | 303 |
the requester with an opportunity to revise the request by | 304 |
informing the requester of the manner in which records are | 305 |
maintained by the public office and accessed in the ordinary | 306 |
course of the public office's or person's duties. | 307 |
(3) If a request is ultimately denied, in part or in whole, | 308 |
the public office or the person responsible for the requested | 309 |
public record shall provide the requester with an explanation, | 310 |
including legal authority, setting forth why the request was | 311 |
denied. If the initial request was provided in writing, the | 312 |
explanation also shall be provided to the requester in writing. | 313 |
The explanation shall not preclude the public office or the person | 314 |
responsible for the requested public record from relying upon | 315 |
additional reasons or legal authority in defending an action | 316 |
commenced under division (C) of this section. | 317 |
(4) Unless specifically required or authorized by state or | 318 |
federal law or in accordance with division (B) of this section, no | 319 |
public office or person responsible for public records may limit | 320 |
or condition the availability of public records by requiring | 321 |
disclosure of the requester's identity or the intended use of the | 322 |
requested public record. Any requirement that the requester | 323 |
disclose the requestor's identity or the intended use of the | 324 |
requested public record constitutes a denial of the request. | 325 |
(5) A public office or person responsible for public records | 326 |
may ask a requester to make the request in writing, may ask for | 327 |
the requester's identity, and may inquire about the intended use | 328 |
of the information requested, but may do so only after disclosing | 329 |
to the requester that a written request is not mandatory and that | 330 |
the requester may decline to reveal the requester's identity or | 331 |
the intended use and when a written request or disclosure of the | 332 |
identity or intended use would benefit the requester by enhancing | 333 |
the ability of the public office or person responsible for public | 334 |
records to identify, locate, or deliver the public records sought | 335 |
by the requester. | 336 |
(6) If any person chooses to obtain a copy of a public record | 337 |
in accordance with division (B) of this section, the public office | 338 |
or person responsible for the public record may require that | 339 |
person to pay in advance the cost involved in providing the copy | 340 |
of the public record in accordance with the choice made by the | 341 |
person seeking the copy under this division. The public office or | 342 |
the person responsible for the public record shall permit that | 343 |
person to choose to have the public record duplicated upon paper, | 344 |
upon the same medium upon which the public office or person | 345 |
responsible for the public record keeps it, or upon any other | 346 |
medium upon which the public office or person responsible for the | 347 |
public record determines that it reasonably can be duplicated as | 348 |
an integral part of the normal operations of the public office or | 349 |
person responsible for the public record. When the person seeking | 350 |
the copy makes a choice under this division, the public office or | 351 |
person responsible for the public record shall provide a copy of | 352 |
it in accordance with the choice made by the person seeking the | 353 |
copy. Nothing in this section requires a public office or person | 354 |
responsible for the public record to allow the person seeking a | 355 |
copy of the public record to make the copies of the public record. | 356 |
(7) Upon a request made in accordance with division (B) of | 357 |
this section and subject to division (B)(6) of this section, a | 358 |
public office or person responsible for public records shall | 359 |
transmit a copy of a public record to any person by United States | 360 |
mail or by any other means of delivery or transmission within a | 361 |
reasonable period of time after receiving the request for the | 362 |
copy. The public office or person responsible for the public | 363 |
record may require the person making the request to pay in advance | 364 |
the cost of postage if the copy is transmitted by United States | 365 |
mail or the cost of delivery if the copy is transmitted other than | 366 |
by United States mail, and to pay in advance the costs incurred | 367 |
for other supplies used in the mailing, delivery, or transmission. | 368 |
In any policy and procedures adopted under this division, a | 376 |
public office may limit the number of records requested by a | 377 |
person that the office will transmit by United States mail to ten | 378 |
per month, unless the person certifies to the office in writing | 379 |
that the person does not intend to use or forward the requested | 380 |
records, or the information contained in them, for commercial | 381 |
purposes. For purposes of this division, "commercial" shall be | 382 |
narrowly construed and does not include reporting or gathering | 383 |
news, reporting or gathering information to assist citizen | 384 |
oversight or understanding of the operation or activities of | 385 |
government, or nonprofit educational research. | 386 |
(8) A public office or person responsible for public records | 387 |
is not required to permit a person who is incarcerated pursuant to | 388 |
a criminal conviction or a juvenile adjudication to inspect or to | 389 |
obtain a copy of any public record concerning a criminal | 390 |
investigation or prosecution or concerning what would be a | 391 |
criminal investigation or prosecution if the subject of the | 392 |
investigation or prosecution were an adult, unless the request to | 393 |
inspect or to obtain a copy of the record is for the purpose of | 394 |
acquiring information that is subject to release as a public | 395 |
record under this section and the judge who imposed the sentence | 396 |
or made the adjudication with respect to the person, or the | 397 |
judge's successor in office, finds that the information sought in | 398 |
the public record is necessary to support what appears to be a | 399 |
justiciable claim of the person. | 400 |
(9) Upon written request made and signed by a journalist on | 401 |
or after December 16, 1999, a public office, or person responsible | 402 |
for public records, having custody of the records of the agency | 403 |
employing a specified peace officer, parole officer, prosecuting | 404 |
attorney, assistant prosecuting attorney, correctional employee, | 405 |
youth services employee, firefighter, EMT, or investigator of the | 406 |
bureau of criminal identification and investigation shall disclose | 407 |
to the journalist the address of the actual personal residence of | 408 |
the peace officer, parole officer, prosecuting attorney, assistant | 409 |
prosecuting attorney, correctional employee, youth services | 410 |
employee, firefighter, EMT, or investigator of the bureau of | 411 |
criminal identification and investigation and, if the peace | 412 |
officer's, parole officer's, prosecuting attorney's, assistant | 413 |
prosecuting attorney's, correctional employee's, youth services | 414 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 415 |
criminal identification and investigation's spouse, former spouse, | 416 |
or child is employed by a public office, the name and address of | 417 |
the employer of the peace officer's, parole officer's, prosecuting | 418 |
attorney's, assistant prosecuting attorney's, correctional | 419 |
employee's, youth services employee's, firefighter's, EMT's, or | 420 |
investigator of the bureau of criminal identification and | 421 |
investigation's spouse, former spouse, or child. The request shall | 422 |
include the journalist's name and title and the name and address | 423 |
of the journalist's employer and shall state that disclosure of | 424 |
the information sought would be in the public interest. | 425 |
As used in this division, "journalist" means a person engaged | 426 |
in, connected with, or employed by any news medium, including a | 427 |
newspaper, magazine, press association, news agency, or wire | 428 |
service, a radio or television station, or a similar medium, for | 429 |
the purpose of gathering, processing, transmitting, compiling, | 430 |
editing, or disseminating information for the general public. | 431 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 432 |
public office or the person responsible for public records to | 433 |
promptly prepare a public record and to make it available to the | 434 |
person for inspection in accordance with division (B) of this | 435 |
section or by any other failure of a public office or the person | 436 |
responsible for public records to comply with an obligation in | 437 |
accordance with division (B) of this section, the person allegedly | 438 |
aggrieved may commence a mandamus action to obtain a judgment that | 439 |
orders the public office or the person responsible for the public | 440 |
record to comply with division (B) of this section, that awards | 441 |
court costs and reasonable attorney's fees to the person that | 442 |
instituted the mandamus action, and, if applicable, that includes | 443 |
an order fixing statutory damages under division (C)(1) of this | 444 |
section. The mandamus action may be commenced in the court of | 445 |
common pleas of the county in which division (B) of this section | 446 |
allegedly was not complied with, in the supreme court pursuant to | 447 |
its original jurisdiction under Section 2 of Article IV, Ohio | 448 |
Constitution, or in the court of appeals for the appellate | 449 |
district in which division (B) of this section allegedly was not | 450 |
complied with pursuant to its original jurisdiction under Section | 451 |
3 of Article IV, Ohio Constitution. | 452 |
If a requestor transmits a written request by hand delivery | 453 |
or certified mail to inspect or receive copies of any public | 454 |
record in a manner that fairly describes the public record or | 455 |
class of public records to the public office or person responsible | 456 |
for the requested public records, except as otherwise provided in | 457 |
this section, the requestor shall be entitled to recover the | 458 |
amount of statutory damages set forth in this division if a court | 459 |
determines that the public office or the person responsible for | 460 |
public records failed to comply with an obligation in accordance | 461 |
with division (B) of this section. | 462 |
The amount of statutory damages shall be fixed at one hundred | 463 |
dollars for each business day during which the public office or | 464 |
person responsible for the requested public records failed to | 465 |
comply with an obligation in accordance with division (B) of this | 466 |
section, beginning with the day on which the requester files a | 467 |
mandamus action to recover statutory damages, up to a maximum of | 468 |
one thousand dollars. The award of statutory damages shall not be | 469 |
construed as a penalty, but as compensation for injury arising | 470 |
from lost use of the requested information. The existence of this | 471 |
injury shall be conclusively presumed. The award of statutory | 472 |
damages shall be in addition to all other remedies authorized by | 473 |
this section. | 474 |
(a) That, based on the ordinary application of statutory law | 478 |
and case law as it existed at the time of the conduct or | 479 |
threatened conduct of the public office or person responsible for | 480 |
the requested public records that allegedly constitutes a failure | 481 |
to comply with an obligation in accordance with division (B) of | 482 |
this section and that was the basis of the mandamus action, a | 483 |
well-informed public office or person responsible for the | 484 |
requested public records reasonably would believe that the conduct | 485 |
or threatened conduct of the public office or person responsible | 486 |
for the requested public records did not constitute a failure to | 487 |
comply with an obligation in accordance with division (B) of this | 488 |
section; | 489 |
(i) That, based on the ordinary application of statutory law | 526 |
and case law as it existed at the time of the conduct or | 527 |
threatened conduct of the public office or person responsible for | 528 |
the requested public records that allegedly constitutes a failure | 529 |
to comply with an obligation in accordance with division (B) of | 530 |
this section and that was the basis of the mandamus action, a | 531 |
well-informed public office or person responsible for the | 532 |
requested public records reasonably would believe that the conduct | 533 |
or threatened conduct of the public office or person responsible | 534 |
for the requested public records did not constitute a failure to | 535 |
comply with an obligation in accordance with division (B) of this | 536 |
section; | 537 |
(E)(1) To ensure that all employees of public offices are | 547 |
appropriately educated about a public office's obligations under | 548 |
division (B) of this section, all elected officials or their | 549 |
appropriate designees shall attend training approved by the | 550 |
attorney general as provided in section 109.43 of the Revised | 551 |
Code. In addition, all public offices shall adopt a public records | 552 |
policy in compliance with this section for responding to public | 553 |
records requests. In adopting a public records policy under this | 554 |
division, a public office may obtain guidance from the model | 555 |
public records policy developed and provided to the public office | 556 |
by the attorney general under section 109.43 of the Revised Code. | 557 |
Except as otherwise provided in this section, the policy may not | 558 |
limit the number of public records that the public office will | 559 |
make available to a single person, may not limit the number of | 560 |
public records that it will make available during a fixed period | 561 |
of time, and may not establish a fixed period of time before it | 562 |
will respond to a request for inspection or copying of public | 563 |
records, unless that period is less than eight hours. | 564 |
(2) The public office shall distribute the public records | 565 |
policy adopted by the public office under division (E)(1) of this | 566 |
section to the employee of the public office who is the records | 567 |
custodian or records manager or otherwise has custody of the | 568 |
records of that office. The public office shall require that | 569 |
employee to acknowledge receipt of the copy of the public records | 570 |
policy. The public office shall create a poster that describes its | 571 |
public records policy and shall post the poster in a conspicuous | 572 |
place in the public office and in all locations where the public | 573 |
office has branch offices. The public office may post its public | 574 |
records policy on the internet web site of the public office if | 575 |
the public office maintains an internet web site. A public office | 576 |
that has established a manual or handbook of its general policies | 577 |
and procedures for all employees of the public office shall | 578 |
include the public records policy of the public office in the | 579 |
manual or handbook. | 580 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 581 |
to Chapter 119. of the Revised Code to reasonably limit the number | 582 |
of bulk commercial special extraction requests made by a person | 583 |
for the same records or for updated records during a calendar | 584 |
year. The rules may include provisions for charges to be made for | 585 |
bulk commercial special extraction requests for the actual cost of | 586 |
the bureau, plus special extraction costs, plus ten per cent. The | 587 |
bureau may charge for expenses for redacting information, the | 588 |
release of which is prohibited by law. | 589 |
(b) "Bulk commercial special extraction request" means a | 596 |
request for copies of a record for information in a format other | 597 |
than the format already available, or information that cannot be | 598 |
extracted without examination of all items in a records series, | 599 |
class of records, or data base by a person who intends to use or | 600 |
forward the copies for surveys, marketing, solicitation, or resale | 601 |
for commercial purposes. "Bulk commercial special extraction | 602 |
request" does not include a request by a person who gives | 603 |
assurance to the bureau that the person making the request does | 604 |
not intend to use or forward the requested copies for surveys, | 605 |
marketing, solicitation, or resale for commercial purposes. | 606 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 616 |
"surveys, marketing, solicitation, or resale for commercial | 617 |
purposes" shall be narrowly construed and does not include | 618 |
reporting or gathering news, reporting or gathering information to | 619 |
assist citizen oversight or understanding of the operation or | 620 |
activities of government, or nonprofit educational research. | 621 |
(B) No person shall purposely cause the death of another or | 625 |
the unlawful termination of another's pregnancy while committing | 626 |
or attempting to commit, or while fleeing immediately after | 627 |
committing or attempting to commit, kidnapping, rape, aggravated | 628 |
arson, arson, aggravated robbery, robbery, aggravated burglary, | 629 |
burglary, terrorism, or escape. | 630 |
(D)(1)(a) Whoever violates this section is guilty of | 683 |
felonious assault. Except as otherwise provided in this division | 684 |
or division (D)(1)(b) of this section, felonious assault is a | 685 |
felony of the second degree. If the victim of a violation of | 686 |
division (A) of this section is a judge, magistrate, peace | 687 |
officer, or an investigator of the bureau of criminal | 688 |
identification and investigation, felonious assault is a felony of | 689 |
the first degree.
| 690 |
(b) Regardless of whether the felonious assault is a felony | 691 |
of the first or second degree under division (D)(1)(a) of this | 692 |
section, if the offender also is convicted of or pleads guilty to | 693 |
a specification as described in section 2941.1423 of the Revised | 694 |
Code that was included in the indictment, count in the indictment, | 695 |
or information charging the offense, except as otherwise provided | 696 |
in this division or unless a longer prison term is required under | 697 |
any other provision of law, the court shall sentence the offender | 698 |
to a mandatory prison term as provided in division (D)(8) of | 699 |
section 2929.14 of the Revised Code. If the victim of the offense | 700 |
is a judge, magistrate, peace officer, or an investigator of the | 701 |
bureau of criminal identification and investigation, and if the | 702 |
victim suffered serious physical harm as a result of the | 703 |
commission of the offense, felonious assault is a felony of the | 704 |
first degree, and the court, pursuant to division (F) of section | 705 |
2929.13 of the Revised Code, shall impose as a mandatory prison | 706 |
term one of the prison terms prescribed for a felony of the first | 707 |
degree. | 708 |
(2) In addition to any other sanctions imposed pursuant to | 709 |
division (D)(1) of this section for felonious assault committed in | 710 |
violation of division (A)(2) of this section, if the deadly weapon | 711 |
used in the commission of the violation is a motor vehicle, the | 712 |
court shall impose upon the offender a class two suspension of the | 713 |
offender's driver's license, commercial driver's license, | 714 |
temporary instruction permit, probationary license, or nonresident | 715 |
operating privilege as specified in division (A)(2) of section | 716 |
4510.02 of the Revised Code. | 717 |
(4) "Sexual conduct" has the same meaning as in section | 725 |
2907.01 of the Revised Code, except that, as used in this section, | 726 |
it does not include the insertion of an instrument, apparatus, or | 727 |
other object that is not a part of the body into the vaginal or | 728 |
anal opening of another, unless the offender knew at the time of | 729 |
the insertion that the instrument, apparatus, or other object | 730 |
carried the offender's bodily fluid. | 731 |
(B) Whoever violates this section is guilty of aggravated | 753 |
assault. Except as otherwise provided in this division, aggravated | 754 |
assault is a felony of the fourth degree. If the victim of the | 755 |
offense is a judge, magistrate, peace officer, or an investigator | 756 |
of the bureau of criminal identification and investigation, | 757 |
aggravated assault is a felony of the third degree. Regardless of | 758 |
whether the offense is a felony of the third or fourth degree | 759 |
under this division, if the offender also is convicted of or | 760 |
pleads guilty to a specification as described in section 2941.1423 | 761 |
of the Revised Code that was included in the indictment, count in | 762 |
the indictment, or information charging the offense, except as | 763 |
otherwise provided in this division, the court shall sentence the | 764 |
offender to a mandatory prison term as provided in division (D)(8) | 765 |
of section 2929.14 of the Revised Code. If the victim of the | 766 |
offense is a judge, magistrate, peace officer, or an investigator | 767 |
of the bureau of criminal identification and investigation, and if | 768 |
the victim suffered serious physical harm as a result of the | 769 |
commission of the offense, aggravated assault is a felony of the | 770 |
third degree, and the court, pursuant to division (F) of section | 771 |
2929.13 of the Revised Code, shall impose as a mandatory prison | 772 |
term one of the prison terms prescribed for a felony of the third | 773 |
degree. | 774 |
(C) Whoever violates this section is guilty of assault, and | 787 |
the court shall sentence the offender as provided in this division | 788 |
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 789 |
Except as otherwise provided in division (C)(1), (2), (3), (4), or | 790 |
(5) of this section, assault is a misdemeanor of the first degree. | 791 |
(1) Except as otherwise provided in this division, if the | 792 |
offense is committed by a caretaker against a functionally | 793 |
impaired person under the caretaker's care, assault is a felony of | 794 |
the fourth degree. If the offense is committed by a caretaker | 795 |
against a functionally impaired person under the caretaker's care, | 796 |
if the offender previously has been convicted of or pleaded guilty | 797 |
to a violation of this section or section 2903.11 or 2903.16 of | 798 |
the Revised Code, and if in relation to the previous conviction | 799 |
the offender was a caretaker and the victim was a functionally | 800 |
impaired person under the offender's care, assault is a felony of | 801 |
the third degree. | 802 |
(a) The offense occurs in or on the grounds of a state | 805 |
correctional institution or an institution of the department of | 806 |
youth services, the victim of the offense is an employee of the | 807 |
department of rehabilitation and correction, the department of | 808 |
youth services, or a probation department or is on the premises of | 809 |
the particular institution for business purposes or as a visitor, | 810 |
and the offense is committed by a person incarcerated in the state | 811 |
correctional institution, by a person institutionalized in the | 812 |
department of youth services institution pursuant to a commitment | 813 |
to the department of youth services, by a parolee, by an offender | 814 |
under transitional control, under a community control sanction, or | 815 |
on an escorted visit, by a person under post-release control, or | 816 |
by an offender under any other type of supervision by a government | 817 |
agency. | 818 |
(b) The offense occurs in or on the grounds of a local | 819 |
correctional facility, the victim of the offense is an employee of | 820 |
the local correctional facility or a probation department or is on | 821 |
the premises of the facility for business purposes or as a | 822 |
visitor, and the offense is committed by a person who is under | 823 |
custody in the facility subsequent to the person's arrest for any | 824 |
crime or delinquent act, subsequent to the person's being charged | 825 |
with or convicted of any crime, or subsequent to the person's | 826 |
being alleged to be or adjudicated a delinquent child. | 827 |
(c) The offense occurs off the grounds of a state | 828 |
correctional institution and off the grounds of an institution of | 829 |
the department of youth services, the victim of the offense is an | 830 |
employee of the department of rehabilitation and correction, the | 831 |
department of youth services, or a probation department, the | 832 |
offense occurs during the employee's official work hours and while | 833 |
the employee is engaged in official work responsibilities, and the | 834 |
offense is committed by a person incarcerated in a state | 835 |
correctional institution or institutionalized in the department of | 836 |
youth services who temporarily is outside of the institution for | 837 |
any purpose, by a parolee, by an offender under transitional | 838 |
control, under a community control sanction, or on an escorted | 839 |
visit, by a person under post-release control, or by an offender | 840 |
under any other type of supervision by a government agency. | 841 |
(d) The offense occurs off the grounds of a local | 842 |
correctional facility, the victim of the offense is an employee of | 843 |
the local correctional facility or a probation department, the | 844 |
offense occurs during the employee's official work hours and while | 845 |
the employee is engaged in official work responsibilities, and the | 846 |
offense is committed by a person who is under custody in the | 847 |
facility subsequent to the person's arrest for any crime or | 848 |
delinquent act, subsequent to the person being charged with or | 849 |
convicted of any crime, or subsequent to the person being alleged | 850 |
to be or adjudicated a delinquent child and who temporarily is | 851 |
outside of the facility for any purpose or by a parolee, by an | 852 |
offender under transitional control, under a community control | 853 |
sanction, or on an escorted visit, by a person under post-release | 854 |
control, or by an offender under any other type of supervision by | 855 |
a government agency. | 856 |
(e) The victim of the offense is a school teacher or | 857 |
administrator or a school bus operator, and the offense occurs in | 858 |
a school, on school premises, in a school building, on a school | 859 |
bus, or while the victim is outside of school premises or a school | 860 |
bus and is engaged in duties or official responsibilities | 861 |
associated with the victim's employment or position as a school | 862 |
teacher or administrator or a school bus operator, including, but | 863 |
not limited to, driving, accompanying, or chaperoning students at | 864 |
or on class or field trips, athletic events, or other school | 865 |
extracurricular activities or functions outside of school | 866 |
premises. | 867 |
(4) If the victim of the offense is a judge, magistrate, | 873 |
peace officer, or an investigator of the bureau of criminal | 874 |
identification and investigation and if the victim suffered | 875 |
serious physical harm as a result of the commission of the | 876 |
offense, assault is a felony of the fourth degree, and the court, | 877 |
pursuant to division (F) of section 2929.13 of the Revised Code, | 878 |
shall impose as a mandatory prison term one of the prison terms | 879 |
prescribed for a felony of the fourth degree that is at least | 880 |
twelve months in duration. | 881 |
(5) If the victim of the offense is an officer or employee of | 882 |
a public children services agency or a private child placing | 883 |
agency and the offense relates to the officer's or employee's | 884 |
performance or anticipated performance of official | 885 |
responsibilities or duties, assault is either a felony of the | 886 |
fifth degree or, if the offender previously has been convicted of | 887 |
or pleaded guilty to an offense of violence, the victim of that | 888 |
prior offense was an officer or employee of a public children | 889 |
services agency or private child placing agency, and that prior | 890 |
offense related to the officer's or employee's performance or | 891 |
anticipated performance of official responsibilities or duties, a | 892 |
felony of the fourth degree. | 893 |
If an offender who is convicted of or pleads guilty to | 901 |
assault when it is a felony also is convicted of or pleads guilty | 902 |
to a specification as described in section 2941.1423 of the | 903 |
Revised Code that was included in the indictment, count in the | 904 |
indictment, or information charging the offense, except as | 905 |
otherwise provided in division (C)(4) of this section, the court | 906 |
shall sentence the offender to a mandatory prison term as provided | 907 |
in division (D)(8) of section 2929.14 of the Revised Code. | 908 |
(4) "Local correctional facility" means a county, | 916 |
multicounty, municipal, municipal-county, or multicounty-municipal | 917 |
jail or workhouse, a minimum security jail established under | 918 |
section 341.23 or 753.21 of the Revised Code, or another county, | 919 |
multicounty, municipal, municipal-county, or multicounty-municipal | 920 |
facility used for the custody of persons arrested for any crime or | 921 |
delinquent act, persons charged with or convicted of any crime, or | 922 |
persons alleged to be or adjudicated a delinquent child. | 923 |
(B) Whoever violates this section is guilty of aggravated | 955 |
menacing. Except as otherwise provided in this division, | 956 |
aggravated menacing is a misdemeanor of the first degree. If the | 957 |
victim of the offense is a judge or magistrate or an officer or | 958 |
employee of a public children services agency or a private child | 959 |
placing agency and the offense relates to the judge's, | 960 |
magistrate's, officer's, or employee's performance or anticipated | 961 |
performance of official responsibilities or duties, aggravated | 962 |
menacing is a felony of the fifth degree or, if the offender | 963 |
previously has been convicted of or pleaded guilty to an offense | 964 |
of violence, the victim of that prior offense was a judge or | 965 |
magistrate or an officer or employee of a public children services | 966 |
agency or private child placing agency, and that prior offense | 967 |
related to the judge's, magistrate's, officer's, or employee's | 968 |
performance or anticipated performance of official | 969 |
responsibilities or duties, a felony of the fourth degree. | 970 |
(B) No person, with intent to influence or interfere with a | 979 |
judge or magistrate in the performance of the judge's or | 980 |
magistrate's official duties or to retaliate against a judge or | 981 |
magistrate for any decision made or action taken in the | 982 |
performance of the judge's or magistrate's official duties, shall | 983 |
knowingly threaten a judge or magistrate with physical harm to the | 984 |
person or property of the judge or magistrate, the judge's or | 985 |
magistrate's unborn, or a member of the judge's or magistrate's | 986 |
immediate family. | 987 |
(1) The offense was the assassination of the president of the | 996 |
United States or a person in line of succession to the presidency, | 997 |
the governor or lieutenant governor of this state, the | 998 |
president-elect or vice president-elect of the United States, the | 999 |
governor-elect or lieutenant governor-elect of this state, or a | 1000 |
candidate for any of the offices described in this division. For | 1001 |
purposes of this division, a person is a candidate if the person | 1002 |
has been nominated for election according to law, if the person | 1003 |
has filed a petition or petitions according to law to have the | 1004 |
person's name placed on the ballot in a primary or general | 1005 |
election, or if the person campaigns as a write-in candidate in a | 1006 |
primary or general election. | 1007 |
(4) The offense was committed while the offender was under | 1012 |
detention or while the offender was at large after having broken | 1013 |
detention. As used in division (A)(4) of this section, "detention" | 1014 |
has the same meaning as in section 2921.01 of the Revised Code, | 1015 |
except that detention does not include hospitalization, | 1016 |
institutionalization, or confinement in a mental health facility | 1017 |
or mental retardation and developmentally disabled facility unless | 1018 |
at the time of the commission of the offense either of the | 1019 |
following circumstances apply: | 1020 |
(6) The victim of the offense was a law enforcement officer, | 1031 |
as defined in section 2911.01 of the Revised Code, or a judge or | 1032 |
magistrate, as defined in section 2903.01 of the Revised Code, | 1033 |
whom the offender had reasonable cause to know or knew to be a law | 1034 |
enforcement officer or a judge or magistrate as so defined, and | 1035 |
either the victim, at the time of the commission of the offense, | 1036 |
was engaged in the victim's duties, or it was the offender's | 1037 |
specific purpose to kill a law enforcement officer or a judge or | 1038 |
magistrate as so defined. | 1039 |
(7) The offense was committed while the offender was | 1040 |
committing, attempting to commit, or fleeing immediately after | 1041 |
committing or attempting to commit kidnapping, rape, aggravated | 1042 |
arson, aggravated robbery, or aggravated burglary, and either the | 1043 |
offender was the principal offender in the commission of the | 1044 |
aggravated murder or, if not the principal offender, committed the | 1045 |
aggravated murder with prior calculation and design. | 1046 |
(8) The victim of the aggravated murder was a witness to an | 1047 |
offense who was purposely killed to prevent the victim's testimony | 1048 |
in any criminal proceeding and the aggravated murder was not | 1049 |
committed during the commission, attempted commission, or flight | 1050 |
immediately after the commission or attempted commission of the | 1051 |
offense to which the victim was a witness, or the victim of the | 1052 |
aggravated murder was a witness to an offense and was purposely | 1053 |
killed in retaliation for the victim's testimony in any criminal | 1054 |
proceeding. | 1055 |
(B) If one or more of the aggravating circumstances listed in | 1065 |
division (A) of this section is specified in the indictment or | 1066 |
count in the indictment and proved beyond a reasonable doubt, and | 1067 |
if the offender did not raise the matter of age pursuant to | 1068 |
section 2929.023 of the Revised Code or if the offender, after | 1069 |
raising the matter of age, was found at trial to have been | 1070 |
eighteen years of age or older at the time of the commission of | 1071 |
the offense, the court, trial jury, or panel of three judges shall | 1072 |
consider, and weigh against the aggravating circumstances proved | 1073 |
beyond a reasonable doubt, the nature and circumstances of the | 1074 |
offense, the history, character, and background of the offender, | 1075 |
and all of the following factors: | 1076 |