130th Ohio General Assembly
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As Reported by the Senate Judiciary Committee

122nd General Assembly
Regular Session
1997-1998
Am. H. B. No. 161

REPRESENTATIVES HOTTINGER-JACOBSON-TAYLOR-SCHULER-HAINES-BRADING- CORBIN-O'BRIEN-GARCIA-PRINGLE-MOTTLEY-HOOD-MAIER-LUCAS-MASON- BATCHELDER-CAREY-GRENDELL-REID-VERICH-MYERS-TERWILLEGER-OLMAN- CLANCY-ROMAN-AMSTUTZ-WILLIAMS-OPFER-BENDER-MOTTL-VESPER- MILLER-BUCHY-STAPLETON-BRADY-HOUSEHOLDER-YOUNG-THOMAS-SALERNO-
SENATORS BLESSING-B. JOHNSON-HOWARD-OELSLAGER


A BILL
To amend section 2921.32 of the Revised Code to expand the offense of obstructing justice to include aiding a child who commits a delinquent act.

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


Section 1. That section 2921.32 of the Revised Code be amended to read as follows:

Sec. 2921.32. (A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime, or to assist another to benefit from the commission of a crime, AND NO PERSON, WITH PURPOSE TO HINDER THE DISCOVERY, APPREHENSION, PROSECUTION, ADJUDICATION AS A DELINQUENT CHILD, OR DISPOSITION OF A CHILD FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A CRIME OR TO ASSIST A CHILD TO BENEFIT FROM THE COMMISSION OF AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A CRIME, shall do any of the following:

(1) Harbor or conceal the other person OR CHILD;

(2) Provide the other person OR CHILD with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension;

(3) Warn the other person OR CHILD of impending discovery or apprehension;

(4) Destroy or conceal physical evidence of the crime OR ACT, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence;

(5) Communicate false information to any person.

(B)(1) Whoever violates this section is guilty of obstructing justice.

(2) If the crime committed by the person aided is a misdemeanor OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided OR A MISDEMEANOR OF THE SAME DEGREE THAT THE ACT COMMITTED BY THE CHILD AIDED WOULD BE IF COMMITTED BY AN ADULT.

(3) Except as otherwise provided in division (B)(4) of this section, if the crime committed by the person aided is a felony OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE A FELONY IF COMMITTED BY AN ADULT, obstructing justice is a felony of the fifth degree.

(4) If the crime committed by the person aided is aggravated murder, murder, or a felony of the first or second degree OR IF THE ACT COMMITTED BY THE CHILD AIDED WOULD BE ONE OF THOSE OFFENSES IF COMMITTED BY AN ADULT and if the offender knows or has reason to believe that the crime committed by the person aided is one of those offenses OR THAT THE ACT COMMITTED BY THE CHILD AIDED WOULD BE ONE OF THOSE OFFENSES IF COMMITTED BY AN ADULT, obstructing justice is a felony of the third degree.

(C) AS USED IN THIS SECTION:

(1) "ADULT" AND "CHILD" HAVE THE SAME MEANINGS AS IN SECTION 2151.011 of the Revised Code.

(2) "DELINQUENT CHILD" HAS THE SAME MEANING AS IN SECTION 2151.02 of the Revised Code.


Section 2. That existing section 2921.32 of the Revised Code is hereby repealed.
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