| (C) Whoever violates this section is guilty of assault, and | 11 |
|
the court shall sentence the offender as provided in this division | 12 |
|
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
| 13 |
|
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or | 14 |
|
(5) of
this section, assault is a
misdemeanor of the first
degree. | 15 |
| (1) Except as otherwise provided in this division, if the | 16 |
|
offense is committed by a caretaker against a
functionally | 17 |
|
impaired person under the caretaker's care, assault is
a felony
of | 18 |
|
the fourth degree. If the offense is committed by a caretaker | 19 |
|
against a functionally impaired person under the caretaker's care, | 20 |
|
if the
offender previously has been convicted of or pleaded guilty | 21 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 22 |
|
the
Revised Code, and if in relation to the previous conviction | 23 |
|
the
offender was a caretaker and the victim was a functionally | 24 |
|
impaired person under the offender's care, assault is a felony of | 25 |
|
the third degree. | 26 |
| (a) The offense occurs in or on the grounds of a state | 29 |
|
correctional institution or an institution of the department of | 30 |
|
youth services, the victim of the offense is an employee of the | 31 |
|
department of rehabilitation and correction, the department of | 32 |
|
youth services, or a probation department or is on the premises
of | 33 |
|
the particular institution for business purposes or as a
visitor, | 34 |
|
and the offense is committed by a person incarcerated in
the state | 35 |
|
correctional institution, by a person institutionalized in
the | 36 |
|
department of youth services institution pursuant to a
commitment | 37 |
|
to the department of youth services, by a
parolee,
by an offender | 38 |
|
under transitional
control, under
a community
control sanction, or | 39 |
|
on an escorted visit, by a person under
post-release control,
or | 40 |
|
by an
offender under any other type of
supervision by a government | 41 |
|
agency. | 42 |
| (b) The offense occurs in or on the grounds of a local | 43 |
|
correctional facility, the victim of the offense is an employee
of | 44 |
|
the local correctional facility or a probation department or
is on | 45 |
|
the premises of the facility for business purposes or as a | 46 |
|
visitor, and the offense is committed by a person who is under | 47 |
|
custody in the facility subsequent to the person's arrest for any | 48 |
|
crime or
delinquent act, subsequent to the person's being charged | 49 |
|
with or
convicted
of any crime, or subsequent to the person's | 50 |
|
being alleged to be or
adjudicated a delinquent child. | 51 |
| (c) The offense occurs off the grounds of a state | 52 |
|
correctional institution and off the grounds of an institution of | 53 |
|
the department of youth services, the victim of the offense is an | 54 |
|
employee of the department of rehabilitation and correction, the | 55 |
|
department of youth services, or a probation department, the | 56 |
|
offense occurs during the employee's official work hours and
while | 57 |
|
the employee is engaged in official work responsibilities, and
the | 58 |
|
offense is committed by a person incarcerated in a state | 59 |
|
correctional institution or institutionalized in the department
of | 60 |
|
youth services who temporarily is outside of the institution
for | 61 |
|
any purpose, by a
parolee,
by an offender under
transitional | 62 |
|
control, under a
community control sanction, or on an
escorted | 63 |
|
visit, by a person under
post-release control, or by an
offender | 64 |
|
under any other type of supervision by
a government
agency. | 65 |
| (d) The offense occurs off the grounds of a local | 66 |
|
correctional facility, the victim of the offense is an employee
of | 67 |
|
the local correctional facility or a probation department, the | 68 |
|
offense occurs during the employee's official work hours and
while | 69 |
|
the employee is engaged in official work responsibilities, and
the | 70 |
|
offense is committed by a person who is under custody in the | 71 |
|
facility subsequent to the person's arrest for any crime or | 72 |
|
delinquent
act, subsequent to the person being charged with or | 73 |
|
convicted of any
crime, or subsequent to the person being alleged | 74 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 75 |
|
outside of the facility
for any purpose or by a
parolee, by an | 76 |
|
offender under
transitional control, under a
community
control | 77 |
|
sanction, or on an escorted visit, by a person
under post-release | 78 |
|
control, or by an offender under any other type
of supervision by | 79 |
|
a government
agency. | 80 |
| (e) The victim of the offense is a school teacher or | 81 |
administrator or, a
school bus operator, or a school security | 82 |
|
guard, and the offense occurs in
a school, on school premises,
in | 83 |
|
a school
building, on a school
bus, or while the victim is outside | 84 |
|
of school premises
or a school
bus and is engaged in duties or | 85 |
|
official
responsibilities
associated with the victim's employment | 86 |
or position
as a school
teacher or
administrator or, a school bus | 87 |
|
operator, or a school security guard, including, but
not limited | 88 |
|
to,
driving, accompanying, or chaperoning students at
or on class | 89 |
|
or field trips,
athletic events, or other school
extracurricular | 90 |
|
activities or functions
outside of school
premises. | 91 |
| (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 |
| (6) If an offender who is convicted of or pleads guilty to | 117 |
|
assault when it is a misdemeanor also is convicted of or pleads | 118 |
|
guilty to a specification as described in section 2941.1423 of the | 119 |
|
Revised Code that was included in the indictment, count in the | 120 |
|
indictment, or information charging the offense, the court shall | 121 |
|
sentence the offender to a mandatory jail term as provided in | 122 |
|
division (G) of section 2929.24 of the Revised Code. | 123 |
| If an offender who is convicted of or pleads guilty to | 124 |
|
assault when it is a felony also is convicted of or pleads guilty | 125 |
|
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, except as | 128 |
|
otherwise provided in division (C)(4) of this section, the court | 129 |
|
shall
sentence the offender to a mandatory prison term as | 130 |
|
provided in
division (D)(8) of section 2929.14 of the Revised | 131 |
|
Code. | 132 |
| (4) "Local correctional facility" means a county, | 140 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 141 |
|
jail or workhouse, a minimum security
jail established under | 142 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 143 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 144 |
|
facility used for the
custody of persons arrested for any crime or | 145 |
|
delinquent act,
persons charged with or convicted of any crime, or | 146 |
|
persons
alleged to be or adjudicated a delinquent child. | 147 |