As Reported by the House Judiciary Committee

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


Representative Stautberg 

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



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 that employs two or more victims or 9
to which two or more victims belong to seek 10
protection orders in certain cases, and to 11
increase the penalty for aggravated menacing or 12
menacing by stalking if there are four or more 13
victims.14


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

       Section 1. That sections 2903.21, 2903.211, and 2903.22 be 15
amended and section 2903.215 of the Revised Code be enacted to 16
read as follows:17

       Sec. 2903.21.  (A) No person shall knowingly cause another to 18
believe that the offender will cause serious physical harm to the 19
person or property of the other person, the other person's unborn, 20
or a member of the other person's immediate family. In addition to 21
any other basis for the other person's belief that the offender 22
will cause serious physical harm to the person or property of the 23
other person, the other person's unborn, or a member of the other 24
person's immediate family, the other person's belief may be based 25
on words or conduct of the offender that are directed at or 26
identify a corporation, association, or other organization that 27
employs the other person or to which the other person belongs.28

       (B) Whoever violates this section is guilty of aggravated 29
menacing. Except as otherwise provided in this division, 30
aggravated menacing is a misdemeanor of the first degree. If the 31
victim of the offense is an officer or employee of a public 32
children services agency or a private child placing agency and the 33
offense relates to the officer's or employee's performance or 34
anticipated performance of official responsibilities or duties, 35
aggravated menacing is a felony of the fifth degree or, if the 36
offender previously has been convicted of or pleaded guilty to an 37
offense of violence, the victim of that prior offense was an 38
officer or employee of a public children services agency or 39
private child placing agency, and that prior offense related to 40
the officer's or employee's performance or anticipated performance 41
of official responsibilities or duties, a felony of the fourth 42
degree. If a violation of division (A) of this section causes each 43
of four or more persons to believe that the offender will cause 44
serious physical harm to the person or property of that person, 45
that person's unborn, or a member of that person's immediate 46
family, aggravated menacing is a felony of the fifth degree or, if 47
the offender previously has been convicted of an offense of 48
violence, a felony of the fourth degree.49

       Sec. 2903.211.  (A)(1) No person by engaging in a pattern of 50
conduct shall knowingly cause another person to believe that the 51
offender will cause physical harm to the other person or cause 52
mental distress to the other person. In addition to any other 53
basis for the other person's belief that the offender will cause 54
physical harm to the other person or the other person's mental 55
distress, the other person's belief or mental distress may be 56
based on words or conduct of the offender that are directed at or 57
identify a corporation, association, or other organization that 58
employs the other person or to which the other person belongs.59

        (2) No person, through the use of any electronic method of 60
remotely transferring information, including, but not limited to, 61
any computer, computer network, computer program, or computer 62
system, shall post a message with purpose to urge or incite 63
another to commit a violation of division (A)(1) of this section.64

       (3) No person, with a sexual motivation, shall violate 65
division (A)(1) or (2) of this section.66

       (B) Whoever violates this section is guilty of menacing by 67
stalking.68

       (1) Except as otherwise provided in divisions (B)(2) and (3) 69
of this section, menacing by stalking is a misdemeanor of the 70
first degree.71

       (2) Menacing by stalking is a felony of the fourth degree if 72
any of the following applies:73

       (a) The offender previously has been convicted of or pleaded 74
guilty to a violation of this section or a violation of section 75
2911.211 of the Revised Code.76

       (b) In committing the offense under division (A)(1), (2), or 77
(3) of this section, the offender made a threat of physical harm 78
to or against the victim, or as a result of an offense committed 79
under division (A)(2) or (3) of this section, a third person 80
induced by the offender's posted message made a threat of physical 81
harm to or against the victim.82

       (c) In committing the offense under division (A)(1), (2), or 83
(3) of this section, the offender trespassed on the land or 84
premises where the victim lives, is employed, or attends school, 85
or as a result of an offense committed under division (A)(2) or 86
(3) of this section, a third person induced by the offender's 87
posted message trespassed on the land or premises where the victim 88
lives, is employed, or attends school.89

       (d) The victim of the offense is a minor.90

       (e) The offender has a history of violence toward the victim 91
or any other person or a history of other violent acts toward the 92
victim or any other person.93

       (f) While committing the offense under division (A)(1) of 94
this section or a violation of division (A)(3) of this section 95
based on conduct in violation of division (A)(1) of this section, 96
the offender had a deadly weapon on or about the offender's person 97
or under the offender's control. Division (B)(2)(f) of this 98
section does not apply in determining the penalty for a violation 99
of division (A)(2) of this section or a violation of division 100
(A)(3) of this section based on conduct in violation of division 101
(A)(2) of this section.102

       (g) At the time of the commission of the offense, the 103
offender was the subject of a protection order issued under 104
section 2903.213 or 2903.214 of the Revised Code, regardless of 105
whether the person to be protected under the order is the victim 106
of the offense or another person.107

       (h) In committing the offense under division (A)(1), (2), or 108
(3) of this section, the offender caused serious physical harm to 109
the premises at which the victim resides, to the real property on 110
which that premises is located, or to any personal property 111
located on that premises, or, as a result of an offense committed 112
under division (A)(2) of this section or an offense committed 113
under division (A)(3) of this section based on a violation of 114
division (A)(2) of this section, a third person induced by the 115
offender's posted message caused serious physical harm to that 116
premises, that real property, or any personal property on that 117
premises.118

       (i) Prior to committing the offense, the offender had been 119
determined to represent a substantial risk of physical harm to 120
others as manifested by evidence of then-recent homicidal or other 121
violent behavior, evidence of then-recent threats that placed 122
another in reasonable fear of violent behavior and serious 123
physical harm, or other evidence of then-present dangerousness.124

       (j) A violation of division (A)(1) of this section causes 125
each of four or more persons to believe that the offender will 126
cause physical harm or mental distress to that person.127

       (3) If the victim of the offense is an officer or employee of 128
a public children services agency or a private child placing 129
agency and the offense relates to the officer's or employee's 130
performance or anticipated performance of official 131
responsibilities or duties, menacing by stalking is either a 132
felony of the fifth degree or, if the offender previously has been 133
convicted of or pleaded guilty to an offense of violence, the 134
victim of that prior offense was an officer or employee of a 135
public children services agency or private child placing agency, 136
and that prior offense related to the officer's or employee's 137
performance or anticipated performance of official 138
responsibilities or duties, a felony of the fourth degree.139

       (C) Section 2919.271 of the Revised Code applies in relation 140
to a defendant charged with a violation of this section.141

       (D) As used in this section:142

       (1) "Pattern of conduct" means two or more actions or 143
incidents closely related in time, whether or not there has been a 144
prior conviction based on any of those actions or incidents, or 145
two or more actions or incidents closely related in time, whether 146
or not there has been a prior conviction based on any of those 147
actions or incidents, directed at one or more persons employed by 148
or belonging to the same corporation, association, or other 149
organization. Actions or incidents that prevent, obstruct, or 150
delay the performance by a public official, firefighter, rescuer, 151
emergency medical services person, or emergency facility person of 152
any authorized act within the public official's, firefighter's, 153
rescuer's, emergency medical services person's, or emergency 154
facility person's official capacity, or the posting of messages or 155
receipt of information or data through the use of an electronic 156
method of remotely transferring information, including, but not 157
limited to, a computer, computer network, computer program, 158
computer system, or telecommunications device, may constitute a 159
"pattern of conduct."160

       (2) "Mental distress" means any of the following:161

       (a) Any mental illness or condition that involves some 162
temporary substantial incapacity;163

       (b) Any mental illness or condition that would normally 164
require psychiatric treatment, psychological treatment, or other 165
mental health services, whether or not any person requested or 166
received psychiatric treatment, psychological treatment, or other 167
mental health services.168

       (3) "Emergency medical services person" is the singular of 169
"emergency medical services personnel" as defined in section 170
2133.21 of the Revised Code.171

       (4) "Emergency facility person" is the singular of "emergency 172
facility personnel" as defined in section 2909.04 of the Revised 173
Code.174

       (5) "Public official" has the same meaning as in section 175
2921.01 of the Revised Code.176

       (6) "Computer," "computer network," "computer program," 177
"computer system," and "telecommunications device" have the same 178
meanings as in section 2913.01 of the Revised Code.179

        (7) "Post a message" means transferring, sending, posting, 180
publishing, disseminating, or otherwise communicating, or 181
attempting to transfer, send, post, publish, disseminate, or 182
otherwise communicate, any message or information, whether 183
truthful or untruthful, about an individual, and whether done 184
under one's own name, under the name of another, or while 185
impersonating another.186

       (8) "Third person" means, in relation to conduct as described 187
in division (A)(2) of this section, an individual who is neither 188
the offender nor the victim of the conduct.189

       (9) "Sexual motivation" has the same meaning as in section 190
2971.01 of the Revised Code.191

       (E) The state does not need to prove in a prosecution under 192
this section that a person requested or received psychiatric 193
treatment, psychological treatment, or other mental health 194
services in order to show that the person was caused mental 195
distress as described in division (D)(2)(b) of this section.196

       (F)(1) This section does not apply to a person solely because 197
the person provided access or connection to or from an electronic 198
method of remotely transferring information not under that 199
person's control, including having provided capabilities that are 200
incidental to providing access or connection to or from the 201
electronic method of remotely transferring the information, and 202
that do not include the creation of the content of the material 203
that is the subject of the access or connection. In addition, any 204
person providing access or connection to or from an electronic 205
method of remotely transferring information not under that 206
person's control shall not be liable for any action voluntarily 207
taken in good faith to block the receipt or transmission through 208
its service of any information that it believes is, or will be 209
sent, in violation of this section.210

       (2) Division (F)(1) of this section does not create an 211
affirmative duty for any person providing access or connection to 212
or from an electronic method of remotely transferring information 213
not under that person's control to block the receipt or 214
transmission through its service of any information that it 215
believes is, or will be sent, in violation of this section except 216
as otherwise provided by law.217

       (3) Division (F)(1) of this section does not apply to a 218
person who conspires with a person actively involved in the 219
creation or knowing distribution of material in violation of this 220
section or who knowingly advertises the availability of material 221
of that nature.222

       Sec. 2903.215.  (A) A corporation, association, or other 223
organization that employs two or more alleged victims of a 224
violation of section 2903.21, 2923.211, or 2903.22 of the Revised 225
Code or to which two or more alleged victims of a violation of 226
section 2903.21, 2923.211, or 2903.22 of the Revised Code belong 227
may file a motion for a temporary protection order pursuant to 228
section 2903.213 of the Revised Code on behalf of the corporation, 229
association, or other organization if the violation is based on 230
words or conduct of the offender that are directed at or identify 231
the corporation, association, or other organization.232

       (B) A corporation, association, or other organization that 233
employs two or more alleged victims of a violation of section 234
2923.211 of the Revised Code or to which two or more alleged 235
victims of a violation of section 2923.211 of the Revised Code 236
belong may file a petition for a protection order pursuant to 237
section 2903.214 of the Revised Code on behalf of the corporation, 238
association, or other organization if the violation is based on 239
words or conduct of the offender that are directed at or identify 240
the corporation, association, or other organization.241

       (C) An attorney who is licensed to practice law in this 242
state, on behalf of the corporation, association, or other 243
organization, may file an affidavit to provide sufficient 244
evidentiary support for the issuance of a temporary protection 245
order pursuant to section 2903.213 of the Revised Code or a 246
protection order pursuant to section 2903.214 of the Revised Code.247

       (D) Any temporary protection order issued pursuant to section 248
2903.213 of the Revised Code or any protection order issued 249
pursuant to section 2903.214 of the Revised Code shall specify 250
with particularity the location or persons to be protected by the 251
temporary protection order or the protection order.252

       Sec. 2903.22.  (A) No person shall knowingly cause another to 253
believe that the offender will cause physical harm to the person 254
or property of the other person, the other person's unborn, or a 255
member of the other person's immediate family. In addition to any 256
other basis for the other person's belief that the offender will 257
cause physical harm to the person or property of the other person, 258
the other person's unborn, or a member of the other person's 259
immediate family, the other person's belief may be based on words 260
or conduct of the offender that are directed at or identify a 261
corporation, association, or other organization that employs the 262
other person or to which the other person belongs.263

       (B) Whoever violates this section is guilty of menacing. 264
Except as otherwise provided in this division, menacing is a 265
misdemeanor of the fourth degree. If the victim of the offense is 266
an officer or employee of a public children services agency or a 267
private child placing agency and the offense relates to the 268
officer's or employee's performance or anticipated performance of 269
official responsibilities or duties, menacing is a misdemeanor of 270
the first degree or, if the offender previously has been convicted 271
of or pleaded guilty to an offense of violence, the victim of that 272
prior offense was an officer or employee of a public children 273
services agency or private child placing agency, and that prior 274
offense related to the officer's or employee's performance or 275
anticipated performance of official responsibilities or duties, a 276
felony of the fourth degree. If a violation of division (A) of 277
this section causes each of four or more persons to believe that 278
the offender will cause serious harm to the person or property of 279
that person, that person's unborn, or a member of that person's 280
immediate family, menacing is a misdemeanor of the first degree 281
or, if the offender previously has been convicted of an offense of 282
violence, a felony of the fourth degree.283

       Section 2.  That existing sections 2903.21, 2903.211, and 284
2903.22 of the Revised Code are hereby repealed.285