To amend sections 2917.21, 2917.31, and 2917.32 of the Revised Code to enhance the penalties for telephone harassment, inducing panic, and making false alarms.

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

Sec. 2917.21. (A) No person shall knowingly make or cause to be made a telephone call, or knowingly permit a telephone call to be made from a telephone under the person's control, to another, if the caller does any of the following:

(1) Fails to identify the caller to the recipient of the telephone call and makes the telephone call with purpose to harass, abuse, or annoy any person at the premises to which the telephone call is made, whether or not conversation takes place during the telephone call;

(2) Describes, suggests, requests, or proposes that the caller, recipient of the telephone call, or any other person engage in, any sexual activity as defined in division (C) of section 2907.01 of the Revised Code, and the recipient of the telephone call, or another person at the premises to which the telephone call is made, has requested, in a previous telephone call or in the immediate telephone call, the caller not to make a telephone call to the recipient of the telephone call or to the premises to which the telephone call is made;

(3) During the telephone call, violates section 2903.21 of the Revised Code;

(4) Knowingly states to the recipient of the telephone call that the caller intends to cause damage to or destroy public or private property, and the recipient of the telephone call, any member of the family of the recipient of the telephone call, or any other person who resides at the premises to which the telephone call is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;

(5) Knowingly makes the telephone call to the recipient of the telephone call, to another person at the premises to which the telephone call is made, or to the premises to which the telephone call is made, and the recipient of the telephone call, or another person at the premises to which the telephone call is made, previously has told the caller not to call the premises to which the telephone call is made or not to call any persons at the premises to which the telephone call is made.

(B) No person shall make or cause to be made a telephone call, or permit a telephone call to be made from a telephone under the person's control, with purpose to abuse, threaten, annoy, or harass another person.

(C)(1) Whoever violates this section is guilty of telephone harassment,.

(2) A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR (B) OF THIS SECTION IS a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense involving the same person, recipient, or premises.

(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY OF THE FIFTH DEGREE ON EACH SUBSEQUENT OFFENSE. IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FIFTH DEGREE. IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FOURTH DEGREE. IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, TELEPHONE HARASSMENT IS A FELONY OF THE THIRD DEGREE.

(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:

(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT OF THE CRIMINAL CONDUCT;

(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING AS A RESULT OF THE CRIMINAL CONDUCT;

(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;

(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.

Sec. 2917.31. (A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

(2) Threatening to commit any offense of violence;

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

(B) Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

(C) Whoever violates this section is guilty of inducing panic,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, INDUCING PANIC IS a misdemeanor of the first degree. If A violation of this section results in physical harm to any person, inducing panic is a felony of the fourth degree. IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE FIFTH DEGREE. IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE FOURTH DEGREE. IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A FELONY OF THE THIRD DEGREE.

(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:

(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT OF THE CRIMINAL CONDUCT;

(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING AS A RESULT OF THE CRIMINAL CONDUCT;

(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;

(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.

Sec. 2917.32. (A) No person shall do either ANY of the following:

(1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;

(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property;

(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur.

(B) This section does not apply to any person conducting an authorized fire or emergency drill.

(C) Whoever violates this section is guilty of making false alarms,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MAKING FALSE ALARMS IS a misdemeanor of the first degree. IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FIFTH DEGREE. IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE. IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, MAKING FALSE ALARMS IS A FELONY OF THE THIRD DEGREE.

(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:

(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A RESULT OF THE CRIMINAL CONDUCT;

(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM WORKING AS A RESULT OF THE CRIMINAL CONDUCT;

(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;

(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.