As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 129


Representative Stautberg 

Cosponsors: Representatives Adams, J., Becker, Fedor, Hackett, Hayes, McGregor 

A BILL
To amend sections 2903.21, 2903.211, and 2903.22 and 1
to enact section 2903.215 of the Revised Code to 2
specify that aggravated menacing, menacing by 3
stalking, and menacing include words or conduct 4
that are directed at or identify a corporation, 5
association, or other organization that employs 6
the victim or to which the victim belongs, to 7
authorize the corporation, association, or other 8
organization to seek protection orders on behalf 9
of two or more victims in certain cases, and to 10
increase the penalty for aggravated menacing or 11
menacing by stalking if there are four or more 12
victims.13


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2903.21, 2903.211, and 2903.22 be 14
amended and section 2903.215 of the Revised Code be enacted to 15
read as follows:16

       Sec. 2903.21.  (A) No person shall knowingly cause another to 17
believe that the offender will cause serious physical harm to the 18
person or property of the other person, the other person's unborn, 19
or a member of the other person's immediate family. In addition to 20
any other basis for the other person's belief that the offender 21
will cause serious physical harm to the person or property of the 22
other person, the other person's unborn, or a member of the other 23
person's immediate family, the other person's belief may be based 24
on words or conduct of the offender that are directed at or 25
identify a corporation, association, or other organization that 26
employs the other person or to which the other person belongs.27

       (B) Whoever violates this section is guilty of aggravated 28
menacing. Except as otherwise provided in this division, 29
aggravated menacing is a misdemeanor of the first degree. If the 30
victim of the offense is an officer or employee of a public 31
children services agency or a private child placing agency and the 32
offense relates to the officer's or employee's performance or 33
anticipated performance of official responsibilities or duties, 34
aggravated menacing is a felony of the fifth degree or, if the 35
offender previously has been convicted of or pleaded guilty to an 36
offense of violence, the victim of that prior offense was an 37
officer or employee of a public children services agency or 38
private child placing agency, and that prior offense related to 39
the officer's or employee's performance or anticipated performance 40
of official responsibilities or duties, a felony of the fourth 41
degree. If a violation of division (A) of this section causes each 42
of four or more persons to believe that the offender will cause 43
serious physical harm to the person or property of that person, 44
that person's unborn, or a member of that person's immediate 45
family, aggravated menacing is a felony of the fifth degree or, if 46
the offender previously has been convicted of an offense of 47
violence, a felony of the fourth degree.48

       Sec. 2903.211.  (A)(1) No person by engaging in a pattern of 49
conduct shall knowingly cause another person to believe that the 50
offender will cause physical harm to the other person or cause 51
mental distress to the other person. In addition to any other 52
basis for the other person's belief that the offender will cause 53
physical harm to the other person or the other person's mental 54
distress, the other person's belief or mental distress may be 55
based on words or conduct of the offender that are directed at or 56
identify a corporation, association, or other organization that 57
employs the other person or to which the other person belongs.58

        (2) No person, through the use of any electronic method of 59
remotely transferring information, including, but not limited to, 60
any computer, computer network, computer program, or computer 61
system, shall post a message with purpose to urge or incite 62
another to commit a violation of division (A)(1) of this section.63

       (3) No person, with a sexual motivation, shall violate 64
division (A)(1) or (2) of this section.65

       (B) Whoever violates this section is guilty of menacing by 66
stalking.67

       (1) Except as otherwise provided in divisions (B)(2) and (3) 68
of this section, menacing by stalking is a misdemeanor of the 69
first degree.70

       (2) Menacing by stalking is a felony of the fourth degree if 71
any of the following applies:72

       (a) The offender previously has been convicted of or pleaded 73
guilty to a violation of this section or a violation of section 74
2911.211 of the Revised Code.75

       (b) In committing the offense under division (A)(1), (2), or 76
(3) of this section, the offender made a threat of physical harm 77
to or against the victim, or as a result of an offense committed 78
under division (A)(2) or (3) of this section, a third person 79
induced by the offender's posted message made a threat of physical 80
harm to or against the victim.81

       (c) In committing the offense under division (A)(1), (2), or 82
(3) of this section, the offender trespassed on the land or 83
premises where the victim lives, is employed, or attends school, 84
or as a result of an offense committed under division (A)(2) or 85
(3) of this section, a third person induced by the offender's 86
posted message trespassed on the land or premises where the victim 87
lives, is employed, or attends school.88

       (d) The victim of the offense is a minor.89

       (e) The offender has a history of violence toward the victim 90
or any other person or a history of other violent acts toward the 91
victim or any other person.92

       (f) While committing the offense under division (A)(1) of 93
this section or a violation of division (A)(3) of this section 94
based on conduct in violation of division (A)(1) of this section, 95
the offender had a deadly weapon on or about the offender's person 96
or under the offender's control. Division (B)(2)(f) of this 97
section does not apply in determining the penalty for a violation 98
of division (A)(2) of this section or a violation of division 99
(A)(3) of this section based on conduct in violation of division 100
(A)(2) of this section.101

       (g) At the time of the commission of the offense, the 102
offender was the subject of a protection order issued under 103
section 2903.213 or 2903.214 of the Revised Code, regardless of 104
whether the person to be protected under the order is the victim 105
of the offense or another person.106

       (h) In committing the offense under division (A)(1), (2), or 107
(3) of this section, the offender caused serious physical harm to 108
the premises at which the victim resides, to the real property on 109
which that premises is located, or to any personal property 110
located on that premises, or, as a result of an offense committed 111
under division (A)(2) of this section or an offense committed 112
under division (A)(3) of this section based on a violation of 113
division (A)(2) of this section, a third person induced by the 114
offender's posted message caused serious physical harm to that 115
premises, that real property, or any personal property on that 116
premises.117

       (i) Prior to committing the offense, the offender had been 118
determined to represent a substantial risk of physical harm to 119
others as manifested by evidence of then-recent homicidal or other 120
violent behavior, evidence of then-recent threats that placed 121
another in reasonable fear of violent behavior and serious 122
physical harm, or other evidence of then-present dangerousness.123

       (j) A violation of division (A)(1) of this section causes 124
each of four or more persons to believe that the offender will 125
cause physical harm or mental distress to that person.126

       (3) If the victim of the offense is an officer or employee of 127
a public children services agency or a private child placing 128
agency and the offense relates to the officer's or employee's 129
performance or anticipated performance of official 130
responsibilities or duties, menacing by stalking is either a 131
felony of the fifth degree or, if the offender previously has been 132
convicted of or pleaded guilty to an offense of violence, the 133
victim of that prior offense was an officer or employee of a 134
public children services agency or private child placing agency, 135
and that prior offense related to the officer's or employee's 136
performance or anticipated performance of official 137
responsibilities or duties, a felony of the fourth degree.138

       (C) Section 2919.271 of the Revised Code applies in relation 139
to a defendant charged with a violation of this section.140

       (D) As used in this section:141

       (1) "Pattern of conduct" means two or more actions or 142
incidents closely related in time or one action or incident 143
involving two or more victims employed by or belonging to the same 144
corporation, association, or other organization, whether or not 145
there has been a prior conviction based on any of those actions or 146
incidents. Actions or incidents that prevent, obstruct, or delay 147
the performance by a public official, firefighter, rescuer, 148
emergency medical services person, or emergency facility person of 149
any authorized act within the public official's, firefighter's, 150
rescuer's, emergency medical services person's, or emergency 151
facility person's official capacity, or the posting of messages or 152
receipt of information or data through the use of an electronic 153
method of remotely transferring information, including, but not 154
limited to, a computer, computer network, computer program, 155
computer system, or telecommunications device, may constitute a 156
"pattern of conduct."157

       (2) "Mental distress" means any of the following:158

       (a) Any mental illness or condition that involves some 159
temporary substantial incapacity;160

       (b) Any mental illness or condition that would normally 161
require psychiatric treatment, psychological treatment, or other 162
mental health services, whether or not any person requested or 163
received psychiatric treatment, psychological treatment, or other 164
mental health services.165

       (3) "Emergency medical services person" is the singular of 166
"emergency medical services personnel" as defined in section 167
2133.21 of the Revised Code.168

       (4) "Emergency facility person" is the singular of "emergency 169
facility personnel" as defined in section 2909.04 of the Revised 170
Code.171

       (5) "Public official" has the same meaning as in section 172
2921.01 of the Revised Code.173

       (6) "Computer," "computer network," "computer program," 174
"computer system," and "telecommunications device" have the same 175
meanings as in section 2913.01 of the Revised Code.176

        (7) "Post a message" means transferring, sending, posting, 177
publishing, disseminating, or otherwise communicating, or 178
attempting to transfer, send, post, publish, disseminate, or 179
otherwise communicate, any message or information, whether 180
truthful or untruthful, about an individual, and whether done 181
under one's own name, under the name of another, or while 182
impersonating another.183

       (8) "Third person" means, in relation to conduct as described 184
in division (A)(2) of this section, an individual who is neither 185
the offender nor the victim of the conduct.186

       (9) "Sexual motivation" has the same meaning as in section 187
2971.01 of the Revised Code.188

       (E) The state does not need to prove in a prosecution under 189
this section that a person requested or received psychiatric 190
treatment, psychological treatment, or other mental health 191
services in order to show that the person was caused mental 192
distress as described in division (D)(2)(b) of this section.193

       (F)(1) This section does not apply to a person solely because 194
the person provided access or connection to or from an electronic 195
method of remotely transferring information not under that 196
person's control, including having provided capabilities that are 197
incidental to providing access or connection to or from the 198
electronic method of remotely transferring the information, and 199
that do not include the creation of the content of the material 200
that is the subject of the access or connection. In addition, any 201
person providing access or connection to or from an electronic 202
method of remotely transferring information not under that 203
person's control shall not be liable for any action voluntarily 204
taken in good faith to block the receipt or transmission through 205
its service of any information that it believes is, or will be 206
sent, in violation of this section.207

       (2) Division (F)(1) of this section does not create an 208
affirmative duty for any person providing access or connection to 209
or from an electronic method of remotely transferring information 210
not under that person's control to block the receipt or 211
transmission through its service of any information that it 212
believes is, or will be sent, in violation of this section except 213
as otherwise provided by law.214

       (3) Division (F)(1) of this section does not apply to a 215
person who conspires with a person actively involved in the 216
creation or knowing distribution of material in violation of this 217
section or who knowingly advertises the availability of material 218
of that nature.219

       Sec. 2903.215.  (A) A corporation, association, or other 220
organization that employs two or more alleged victims of a 221
violation of section 2903.21, 2923.211, or 2903.22 of the Revised 222
Code or to which two or more alleged victims of a violation of 223
section 2903.21, 2923.211, or 2903.22 of the Revised Code belong 224
may file a motion for a temporary protection order pursuant to 225
section 2903.213 of the Revised Code on behalf of the alleged 226
victims if the violation is based on words or conduct of the 227
offender that are directed at or identify the corporation, 228
association, or other organization.229

       (B) A corporation, association, or other organization that 230
employs two or more alleged victims of a violation of section 231
2923.211 of the Revised Code or to which two or more alleged 232
victims of a violation of section 2923.211 of the Revised Code 233
belong may file a petition for a protection order pursuant to 234
section 2903.214 of the Revised Code on behalf of the alleged 235
victims if the violation is based on words or conduct of the 236
offender that are directed at or identify the corporation, 237
association, or other organization.238

       Sec. 2903.22.  (A) No person shall knowingly cause another to 239
believe that the offender will cause physical harm to the person 240
or property of the other person, the other person's unborn, or a 241
member of the other person's immediate family. In addition to any 242
other basis for the other person's belief that the offender will 243
cause physical harm to the person or property of the other person, 244
the other person's unborn, or a member of the other person's 245
immediate family, the other person's belief may be based on words 246
or conduct of the offender that are directed at or identify a 247
corporation, association, or other organization that employs the 248
other person or to which the other person belongs.249

       (B) Whoever violates this section is guilty of menacing. 250
Except as otherwise provided in this division, menacing is a 251
misdemeanor of the fourth degree. If the victim of the offense is 252
an officer or employee of a public children services agency or a 253
private child placing agency and the offense relates to the 254
officer's or employee's performance or anticipated performance of 255
official responsibilities or duties, menacing is a misdemeanor of 256
the first degree or, if the offender previously has been convicted 257
of or pleaded guilty to an offense of violence, the victim of that 258
prior offense was an officer or employee of a public children 259
services agency or private child placing agency, and that prior 260
offense related to the officer's or employee's performance or 261
anticipated performance of official responsibilities or duties, a 262
felony of the fourth degree. If a violation of division (A) of 263
this section causes each of four or more persons to believe that 264
the offender will cause serious harm to the person or property of 265
that person, that person's unborn, or a member of that person's 266
immediate family, menacing is a misdemeanor of the first degree 267
or, if the offender previously has been convicted of an offense of 268
violence, a felony of the fourth degree.269

       Section 2.  That existing sections 2903.21, 2903.211, and 270
2903.22 of the Revised Code are hereby repealed.271