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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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