(C)(1) Whoever violates this section is guilty of assault, | 41 |
and the court shall sentence the offender as provided in this | 42 |
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), | 43 |
(9), and (10), and (11) of this section. Except as otherwise | 44 |
provided in division (C)(2), (3), (4), (5), (6), (7), (8), or (9), | 45 |
or (10) of this section, assault is a misdemeanor of the first | 46 |
degree. | 47 |
(2) Except as otherwise provided in this division, if the | 48 |
offense is committed by a caretaker against a functionally | 49 |
impaired person under the caretaker's care, assault is a felony of | 50 |
the fourth degree. If the offense is committed by a caretaker | 51 |
against a functionally impaired person under the caretaker's care, | 52 |
if the offender previously has been convicted of or pleaded guilty | 53 |
to a violation of this section or section 2903.11 or 2903.16 of | 54 |
the Revised Code, and if in relation to the previous conviction | 55 |
the offender was a caretaker and the victim was a functionally | 56 |
impaired person under the offender's care, assault is a felony of | 57 |
the third degree. | 58 |
(3) If the offense occurs in or on the grounds of a state | 59 |
correctional institution or an institution of the department of | 60 |
youth services, the victim of the offense is an employee of the | 61 |
department of rehabilitation and correction or the department of | 62 |
youth services, and the offense is committed by a person | 63 |
incarcerated in the state correctional institution or by a person | 64 |
institutionalized in the department of youth services institution | 65 |
pursuant to a commitment to the department of youth services, | 66 |
assault is a felony of the third degree. | 67 |
(a) The offense occurs in or on the grounds of a local | 70 |
correctional facility, the victim of the offense is an employee of | 71 |
the local correctional facility or a probation department or is on | 72 |
the premises of the facility for business purposes or as a | 73 |
visitor, and the offense is committed by a person who is under | 74 |
custody in the facility subsequent to the person's arrest for any | 75 |
crime or delinquent act, subsequent to the person's being charged | 76 |
with or convicted of any crime, or subsequent to the person's | 77 |
being alleged to be or adjudicated a delinquent child. | 78 |
(b) The offense occurs off the grounds of a state | 79 |
correctional institution and off the grounds of an institution of | 80 |
the department of youth services, the victim of the offense is an | 81 |
employee of the department of rehabilitation and correction, the | 82 |
department of youth services, or a probation department, the | 83 |
offense occurs during the employee's official work hours and while | 84 |
the employee is engaged in official work responsibilities, and the | 85 |
offense is committed by a person incarcerated in a state | 86 |
correctional institution or institutionalized in the department of | 87 |
youth services who temporarily is outside of the institution for | 88 |
any purpose, by a parolee, by an offender under transitional | 89 |
control, under a community control sanction, or on an escorted | 90 |
visit, by a person under post-release control, or by an offender | 91 |
under any other type of supervision by a government agency. | 92 |
(c) The offense occurs off the grounds of a local | 93 |
correctional facility, the victim of the offense is an employee of | 94 |
the local correctional facility or a probation department, the | 95 |
offense occurs during the employee's official work hours and while | 96 |
the employee is engaged in official work responsibilities, and the | 97 |
offense is committed by a person who is under custody in the | 98 |
facility subsequent to the person's arrest for any crime or | 99 |
delinquent act, subsequent to the person being charged with or | 100 |
convicted of any crime, or subsequent to the person being alleged | 101 |
to be or adjudicated a delinquent child and who temporarily is | 102 |
outside of the facility for any purpose or by a parolee, by an | 103 |
offender under transitional control, under a community control | 104 |
sanction, or on an escorted visit, by a person under post-release | 105 |
control, or by an offender under any other type of supervision by | 106 |
a government agency. | 107 |
(d) The victim of the offense is a school teacher or | 108 |
administrator or a school bus operator, and the offense occurs in | 109 |
a school, on school premises, in a school building, on a school | 110 |
bus, or while the victim is outside of school premises or a school | 111 |
bus and is engaged in duties or official responsibilities | 112 |
associated with the victim's employment or position as a school | 113 |
teacher or administrator or a school bus operator, including, but | 114 |
not limited to, driving, accompanying, or chaperoning students at | 115 |
or on class or field trips, athletic events, or other school | 116 |
extracurricular activities or functions outside of school | 117 |
premises. | 118 |
(6) If the victim of the offense is a peace officer or an | 124 |
investigator of the bureau of criminal identification and | 125 |
investigation and if the victim suffered serious physical harm as | 126 |
a result of the commission of the offense, assault is a felony of | 127 |
the fourth degree, and the court, pursuant to division (F) of | 128 |
section 2929.13 of the Revised Code, shall impose as a mandatory | 129 |
prison term one of the prison terms prescribed for a felony of the | 130 |
fourth degree that is at least twelve months in duration. | 131 |
(7) If the victim of the offense is an officer or employee of | 132 |
a public children services agency or a private child placing | 133 |
agency and the offense relates to the officer's or employee's | 134 |
performance or anticipated performance of official | 135 |
responsibilities or duties, assault is either a felony of the | 136 |
fifth degree or, if the offender previously has been convicted of | 137 |
or pleaded guilty to an offense of violence, the victim of that | 138 |
prior offense was an officer or employee of a public children | 139 |
services agency or private child placing agency, and that prior | 140 |
offense related to the officer's or employee's performance or | 141 |
anticipated performance of official responsibilities or duties, a | 142 |
felony of the fourth degree. | 143 |
(8) If the victim of the offense is a health care | 144 |
professional of a hospital, a health care worker of a hospital, or | 145 |
a security officer of a hospital whom the offender knows or has | 146 |
reasonable cause to know is a health care professional of a | 147 |
hospital, a health care worker of a hospital, or a security | 148 |
officer of a hospital, if the victim is engaged in the performance | 149 |
of the victim's duties, and if the hospital offers de-escalation | 150 |
or crisis intervention training for such professionals, workers, | 151 |
or officers, assault is one of the following: | 152 |
(a) Except as otherwise provided in division (C)(8)(b) of | 153 |
this section, assault committed in the specified circumstances is | 154 |
a misdemeanor of the first degree. Notwithstanding the fine | 155 |
specified in division (A)(2)(b)(a) of section 2929.28 of the | 156 |
Revised Code for a misdemeanor of the first degree, in sentencing | 157 |
the offender under this division and if the court decides to | 158 |
impose a fine, the court may impose upon the offender a fine of | 159 |
not more than five thousand dollars. | 160 |
(9) If the victim of the offense is a judge, magistrate, | 165 |
prosecutor, or court official or employee whom the offender knows | 166 |
or has reasonable cause to know is a judge, magistrate, | 167 |
prosecutor, or court official or employee, and if the victim is | 168 |
engaged in the performance of the victim's duties, assault is one | 169 |
of the following: | 170 |
(a) Except as otherwise provided in division (C)(8)(b) of | 171 |
this section, assault committed in the specified circumstances is | 172 |
a misdemeanor of the first degree. In sentencing the offender | 173 |
under this division, if the court decides to impose a fine, | 174 |
notwithstanding the fine specified in division (A)(2)(b)(a) of | 175 |
section 2929.28 of the Revised Code for a misdemeanor of the first | 176 |
degree, the court may impose upon the offender a fine of not more | 177 |
than five thousand dollars. | 178 |
(10) If the victim of the offense is an operator of an Ohio | 183 |
transit system bus or Ohio transit system rail car, a maintenance | 184 |
worker of an Ohio transit system, or a contracted employee | 185 |
providing any of these services to an Ohio transit system, if the | 186 |
offender knows or has reasonable cause to know that the victim is | 187 |
an operator of an Ohio transit system bus or Ohio transit system | 188 |
rail car, a maintenance worker of an Ohio transit system, or a | 189 |
contracted employee providing any of these services to an Ohio | 190 |
transit system, and if the victim is engaged in the performance of | 191 |
the victim's duties, assault is one of the following: | 192 |
(a) Except as otherwise provided in division (C)(10)(b) of | 193 |
this section, assault committed in the specified circumstances is | 194 |
a felony of the fifth degree. Notwithstanding the fine specified | 195 |
in division (A)(3) of section 2929.18 of the Revised Code for a | 196 |
felony of the fifth degree, if the court decides to impose a fine | 197 |
under this division, the court may impose upon the offender a fine | 198 |
of not more than five thousand dollars. Additionally, the court | 199 |
may prohibit the offender from riding any Ohio transit system bus | 200 |
or Ohio transit system rail car for six months. | 201 |
(b) If the offender previously has been convicted of or | 202 |
pleaded guilty to one or more assault or homicide offenses | 203 |
committed against an operator of an Ohio transit system bus or | 204 |
Ohio transit system rail car, a maintenance worker of an Ohio | 205 |
transit system, or a contracted employee providing any of these | 206 |
services to an Ohio transit system, assault committed in the | 207 |
specified circumstances is a felony of the fourth degree. | 208 |
Additionally, the court may prohibit the offender from riding any | 209 |
Ohio transit system bus or Ohio transit system rail car for the | 210 |
offender's lifetime. | 211 |
(11) If an offender who is convicted of or pleads guilty to | 212 |
assault when it is a misdemeanor also is convicted of or pleads | 213 |
guilty to a specification as described in section 2941.1423 of the | 214 |
Revised Code that was included in the indictment, count in the | 215 |
indictment, or information charging the offense, the court shall | 216 |
sentence the offender to a mandatory jail term as provided in | 217 |
division (G) of section 2929.24 of the Revised Code. | 218 |
If an offender who is convicted of or pleads guilty to | 219 |
assault when it is a felony also is convicted of or pleads guilty | 220 |
to a specification as described in section 2941.1423 of the | 221 |
Revised Code that was included in the indictment, count in the | 222 |
indictment, or information charging the offense, except as | 223 |
otherwise provided in division (C)(6) of this section, the court | 224 |
shall sentence the offender to a mandatory prison term as provided | 225 |
in division (B)(8) of section 2929.14 of the Revised Code. | 226 |
(4) "Local correctional facility" means a county, | 234 |
multicounty, municipal, municipal-county, or multicounty-municipal | 235 |
jail or workhouse, a minimum security jail established under | 236 |
section 341.23 or 753.21 of the Revised Code, or another county, | 237 |
multicounty, municipal, municipal-county, or multicounty-municipal | 238 |
facility used for the custody of persons arrested for any crime or | 239 |
delinquent act, persons charged with or convicted of any crime, or | 240 |
persons alleged to be or adjudicated a delinquent child. | 241 |
(13) "De-escalation or crisis intervention training" means | 284 |
de-escalation or crisis intervention training for health care | 285 |
professionals of a hospital, health care workers of a hospital, | 286 |
and security officers of a hospital to facilitate interaction with | 287 |
patients, members of a patient's family, and visitors, including | 288 |
those with mental impairments. | 289 |
(14) "Assault or homicide offense committed against justice | 290 |
system personnel" means a violation of this section or of section | 291 |
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or | 292 |
2903.14 of the Revised Code committed in circumstances in which | 293 |
the victim of the offense was a judge, magistrate, prosecutor, or | 294 |
court official or employee whom the offender knew or had | 295 |
reasonable cause to know was a judge, magistrate, prosecutor, or | 296 |
court official or employee, and the victim was engaged in the | 297 |
performance of the victim's duties. | 298 |
(19)(a) "Hospital" means, subject to division (D)(19)(b) of | 313 |
this section, an institution classified as a hospital under | 314 |
section 3701.01 of the Revised Code in which are provided to | 315 |
patients diagnostic, medical, surgical, obstetrical, psychiatric, | 316 |
or rehabilitation care or a hospital operated by a health | 317 |
maintenance organization. | 318 |
(i) A facility licensed under Chapter 3721. of the Revised | 320 |
Code, a health care facility operated by the department of mental | 321 |
health or the department of developmental disabilities, a health | 322 |
maintenance organization that does not operate a hospital, or the | 323 |
office of any private, licensed health care professional, whether | 324 |
organized for individual or group practice; | 325 |
(ii) An institution for the sick that is operated exclusively | 326 |
for patients who use spiritual means for healing and for whom the | 327 |
acceptance of medical care is inconsistent with their religious | 328 |
beliefs, accredited by a national accrediting organization, exempt | 329 |
from federal income taxation under section 501 of the "Internal | 330 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, | 331 |
and providing twenty-four-hour nursing care pursuant to the | 332 |
exemption in division (E) of section 4723.32 of the Revised Code | 333 |
from the licensing requirements of Chapter 4723. of the Revised | 334 |
Code. | 335 |
(25) "Assault or homicide offense committed against an | 352 |
operator of an Ohio transit system bus or Ohio transit system rail | 353 |
car, a maintenance worker of an Ohio transit system, or a | 354 |
contracted employee providing any of these services to an Ohio | 355 |
transit system" means a violation of this section or of section | 356 |
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or | 357 |
2903.14 of the Revised Code committed in circumstances in which | 358 |
all of the following apply: | 359 |
(G) Notwithstanding any other provision of law, seventy-five | 403 |
per cent of each fine paid to satisfy a sentence imposed for a | 404 |
violation of this section shall be deposited into the treasury of | 405 |
the county in which the violation occurred and twenty-five per | 406 |
cent shall be deposited with the county transit board, regional | 407 |
transit authority, or regional transit commission that operates | 408 |
the public transportation system involved in the violation, unless | 409 |
the board of county commissioners operates the public | 410 |
transportation system, in which case one hundred per cent of each | 411 |
fine shall be deposited into the treasury of the county. | 412 |